The purposes of this article include:

A.

To provide the Town of Jamestown the authority to allow for multifamily structures and/or developments.

B.

To facilitate the development of homes that can meet the needs and preferences of residents more inclined to purchase or rent smaller homes.

C.

To provide density and design standards that ensure the development of multifamily structures will positively contribute to the community setting.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The planning commission, through unified development review per section 82-310 and formal development plan review per article 10 and the town's subdivision and land development regulations, may permit, in the zoning districts specified in section 82-601, the establishment of multifamily dwellings by the granting of a special use permit in accordance with the provisions of article 3 [of this chapter] and additional standards found in this article 12. In addition to the considerations listed in section 82-300, the planning commission shall also consider:

• Whether the development meets the purposes of this chapter.

• Any advisory opinion from the technical review committee through the development plan review process.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards of development shall apply to any multifamily dwelling structure or project:

A.

Permitted uses. Uses permitted in multifamily structures or developments shall be limited to those allowed in the applicable zoning district. Permitted accessory uses in all zoning districts include laundry facilities, refuse collection, recreation facilities, community rooms, single rental offices, or model units, etc., which are intended primarily for use of the residents thereof and are not commercial in nature. Other accessory uses may only be permitted if allowed in the zoning district under the provisions of section 82-601 and shall meet all of the applicable regulations of this chapter.

B.

Dimensional regulations. All regulations with regard to lot size, yards, lot coverage and any other dimensional requirements shall be as set forth in section 82-1200 4.C, and as further provided in Table 6-2.

C.

Density regulations—Multifamily dwelling projects. The maximum density of residential dwelling units that may be developed within any multifamily dwelling project shall be determined by Table 12-1. Developable land area is calculated as the gross land area on a lot minus 25 percent open space requirement for the CL and DC districts and 50 percent open space requirement for R-8 and R-20 zoning districts for multifamily dwelling projects, which does not include any land unsuitable for development as defined in section 82-104.

Table 12-1 Density Regulations - Multifamily Dwellings

¹  Developable land area is calculated as the gross land area on a lot minus any land unsuitable for development as defined in section 82-104.

²  "Water" and "sewer" refer to public water service or public sewer service as provided by the Town of Jamestown.

D.

Density - Multifamily structures. Not more than four dwelling units shall be permitted in a multifamily dwelling structure in any district where permitted, pursuant to the definition of multifamily structure in section 82-104, Definitions. Each multifamily dwelling structure shall have no more than a 4,000 square-foot footprint. The zoning board or appropriate permitting authority may allow a structure to contain more than four dwelling units, provided the following conditions are met to the satisfaction of the zoning board:

• That there is an existing need for the type of housing proposed specifically documented in the town's comprehensive plan;

• The dwelling units will be available to meet that unmet need long term; and

• There are no practical means to construct an additional structure or structures on the site for the additional dwelling units.

E.

Site design.

1)

Open space. In the R-8 and R-20 districts, the open space area shall not be covered by buildings, or aboveground utilities. Fifty percent of the total "open space" shall be open space designed and/or maintained for the enjoyment of residents on that site without buildings, driveways, parking areas or aboveground utilities. These areas may include, without limitation, perimeter buffer areas, walkways, paths, playgrounds, outdoor recreation areas, gardens, ornamental, landscaping, or natural areas. In the CD and CL districts, the open space area shall not be covered by buildings, or driveways but maintained for the enjoyment of residents on that site and may include, without limitation, perimeter buffer areas, walkways, paths, playgrounds, outdoor recreation areas, gardens, ornamental, landscaping, or natural areas. In the CD and CL districts, particular attention shall be paid to the public frontage; specifically encouraging compliance with the retail and mixed use and residential porches guidance as noted in the Jamestown Pattern Book and Guidelines.

2)

Compact development. Where multifamily development is proposed, clustering of structures is encouraged in order to increase accessibility of open space and foster a sense of community.

3)

Perimeter buffering. Fences, walls, or vegetative screening shall be provided along the perimeter of any lot containing a multifamily structure/development where such a buffer will:

a)

Provide a smooth visual transition between multifamily development and residential lots.

b)

Provide an indication of the property boundary location, thereby limiting inadvertent trespass.

c)

Provide protection of privacy where structures may be close enough together across property lines to warrant concern.

4)

Screening. The following uses and areas within the premises of a multifamily structure or development shall be screened from adjacent residential properties or public streets.

a)

Off-street parking areas containing more than ten spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for the purposes of determining whether this threshold applies.

b)

Service areas for loading and unloading vehicles other than passengers, and for storage and collection of trash and garbage.

c)

Utility areas such as pumping stations, electric utility substations, and the like.

d)

In the CD zoning district, buffering and screening as defined in this section shall not be required adjacent to commercially developed land.

5)

Areas of secondary importance. These areas include stands of mature woodlands, significant wildlife habitats, prime farmland or open meadows and their defining tree lines, hedgerows and/or stonewalls, historic structures or community landmarks, and scenic views to, from or within the property. These features add character and value to the community and help maintain the rural character. Efforts shall be made by the developer, as evidenced in development plan submittals, to minimize adverse impacts to these areas by use of design which is sensitive to existing site conditions.

F.

Building design. Multifamily building design shall be consistent with the guidance provided in "A Jamestown Vision: Pattern Book & Design Guidelines for Building in the Village, June 19, 2008" (as amended) and will incorporate architectural styles consistent with existing buildings in the neighborhood, in order to meet the purposes described in section 82-1200.1 C above. The permit reviewing authority shall compare the contents of the proposal with the following sections to determine whether there is consistency between the application and these sections of the guidelines:

1)

Building form

2)

Building elements

3)

Materials and methods

(Ord. of 2-3-2025(1), § 1(Exh. A))

The intent and purpose of this section is to:

A.

Allow the creation of independent and quasi-independent living spaces that provide accommodations for additional family members or other tenants.

B.

Preserve and protect the family in Jamestown by enabling multiple generations of family members to live together and care for one another while maintaining a degree of privacy and individual dignity through separate dwelling units.

C.

Protect stability, property values, and the residential character of a neighborhood by ensuring that accessory dwelling units are installed under such additional conditions as specified herein.

D.

Provide for public safety by ensuring that accessory dwelling units are created legally, and in accordance with all applicable local and state codes.

E.

Nothing in this section shall infringe upon the right of an individual to add living space to a home in accordance with existing regulations and codes.

(Ord. of 2-3-2025(1), § 1(Exh. A))

An accessory dwelling unit may be permitted, by right, in any residential zoning district with the following limitations:

A.

Accessory dwelling units are only allowed on a lot with one single-family or with a duplex dwelling as the principal dwelling and should appear to be subordinate to the principal dwelling. The ADU shall be permitted to be 900 square feet, or 60 percent of the floor area net of the principal dwelling, whichever is less, for a studio or one bedroom ADU and up to 1,200 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less, for a two bedroom ADU.

B.

Only one ADU may be allowed per lot by right:

1)

On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

2)

On any lot with a total lot area of 20,000 square feet or more for which the primary use is residential; or

3)

Within the existing footprint of the principal dwelling or existing secondary attached or detached structure (as of the date of the ordinance from which this chapter is derived approval) and does not expand the footprint of the structure.

C.

Accessory dwelling units located within or attached to the principal dwelling shall meet all the requirements of section 82-602, District dimensional regulations, as they pertain to the principal dwelling.

D.

Accessory dwelling units located in a new or existing accessory structure:

1)

Shall meet the requirements of section 82-602, District dimensional regulations, and section 82-700, Miscellaneous structure and site regulations, as they pertain to an accessory structure (82-700);

2)

Shall meet all applicable requirements for accessory structures in section 82-700, Accessory structures;

3)

Except that in no case can an ADU be located in the front yard. ADUs are not eligible for the special permits described in section 82-700 D, Accessory structures;

E.

All new or expanded detached ADUs shall have architectural detailing compatible with the main structure, including roof shape, window patterns, proportions and materials per 82-1106.1 C. All new detached ADUs shall be designed in a way that does not compete in scale or volume with the primary building mass.

F.

Units located within or attached to the principal dwelling may be accessible either through the same means of ingress and egress as the principal dwelling or a separate entrance located to the side or the rear.

G.

Either the principal dwelling or the ADU must be owner occupied unless both dwelling units are made available for long-term occupancy through a long-term lease (one-year or more). The owner may occupy the ADU and may only rent the principal dwelling if it is made available for long-term occupancy through a long-term lease (one year or more).

H.

At least one off-street parking space will be provided in addition to the required parking spaces of the primary use.

I.

ADUs shall not be offered or rented for tourist or transient use or through a hosting platform (as such terms are defined in G.L. 1956, § 42-63.1-2. as a short-term rental).

J.

ADUs that meet these regulations and are not part of a larger development proposal shall be reviewed by the zoning/building official and shall not, by themselves, be reviewed as minor land developments, major land developments, or special use permits.

K.

On any lot serviced with an on-site wastewater treatment system (OWTS), if the ADU results in an increase in the total number of bedrooms, the state-permitted OWTS shall meet the total bedroom demand or the owner shall have the existing or any new system approved by RIDEM.

L.

The ADU will comply with all applicable state and local regulations.

M.

Length of occupancy. All ADUs and accessory family dwelling units formerly granted though this chapter, if rented, must be made available for long-term occupancy through a long-term lease (one-year or more).

(Ord. of 2-3-2025(1), § 1(Exh. A))

A bed and breakfast home is a single building or part thereof used only for residential dwelling and occupied by the owner thereof in which:

A.

No more than five rooms are available on an overnight basis for transient guests for compensation;

B.

No more than four people are permitted to occupy any one room;

C.

No more than ten transient guests are permitted at any one time;

D.

No cooking facilities are permitted in any guestroom;

E.

Meals may only be provided for transient guests of the bed and breakfast home;

F.

No person may occupy said room or rooms more than 14 days in any 30-day period; and

G.

Use is authorized by the zoning board, and then is subject to the requirements of any state and local permits.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Bed and breakfast homes are permitted only upon the initial issuance of a special use permit by the zoning board. All applications for a bed and breakfast home shall include the following:

A.

Site plan requirements. In a site plan submission, plans for a bed and breakfast home shall be presented to the zoning board of review. The plans shall be prepared by a registered architect, registered landscape architect and/or engineer, and shall show the following, together with appropriate dimensions:

1)

Proposed name of the bed and breakfast home;

2)

Location by legal description;

3)

Names and addresses of applicant and designer of the plan;

4)

Scale of plan, one-inch equals 40 feet or larger;

5)

Date, north arrow, and contours at two-foot intervals;

6)

Boundary line of property indicated by a solid line, and the total acreage encompassed thereby;

7)

Location, widths and names of all existing or prior platted streets, utility rights-of-way, parks, and other public open spaces, saltwater or freshwater wetlands, permanent buildings and structures, houses or permanent easements and zoning boundary lines, within 200 feet of the lot;

8)

Existing sewers, water mains, culverts and other underground facilities located on the lot, indicating pipe sizes, grades, manholes and location;

9)

Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking;

10)

Location and dimensions of vehicular drives, entrances and exits; location and dimensions of pedestrian entrances, exits and walkways;

11)

Number of dwelling rooms and number of bedrooms;

12)

Floor plans and exterior elevation drawings of all buildings, with exterior dimensions; including all means of ingress and egress;

13)

Construction materials, including fire ratings, if any;

14)

Fire protection systems;

15)

Location, height and materials of walls, fences and screen planting;

16)

Ground cover, finished grades, slopes, banks and ditches;

17)

Proposed or existing utilities, including sewers, water, lighting, electricity and communications;

18)

Drainage plan showing methods of disposal and/or control of surface water runoff.

B.

Minimum standards for approval. Every bed and breakfast home shall comply with the following minimum standards:

1)

Each guestroom shall have two means of egress.

2)

Each guestroom shall contain an approved fire extinguisher and an approved fire detector and meet applicable standards of the local fire marshal.

3)

A list of all guests and their addresses shall be maintained by the owner and be made available to the town upon request of the zoning enforcement officer and/or tax assessor.

4)

An adequate sewage disposal system must be in place with proper documentation by RIDEM [Rhode Island Department of the Environment] or by a certified OWTS designer or installer. Alternatively, the board of water and sewer commissioners shall certify that adequate sewer capacity has been allotted for the proposed use and that all fees have been paid.

5)

Water-saving devices shall be installed in all water fixtures in the building, including fixtures in the primary residence. Bed and breakfast homes using private water wells shall provide a certificate of good water quality from the state of the environment.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The purposes of this section include:

A.

To provide housing types that are responsive to changing household demographics (e.g., retirees, small families, single parent households, single person households, dual owner households);

B.

To provide opportunities for low to moderate income housing within single-family neighborhoods;

C.

To encourage creation of functional usable open space in residential communities;

D.

To promote neighborhood interaction and safety through design; and

E.

To ensure compatibility with neighboring uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

CCD is allowable only through major land development application to the planning commission. A CCD is only permitted in the following zoning districts: R-20, R-8, CL, and CD.

B.

Where a lot is split by any of the zones described above, only the portion of the lot that is fully eligible may be proposed as part of a CCD.

C.

CCD is only allowable when connected to public water and sewer.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Applications shall follow the procedures for major land development per the town's subdivision regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any CCD is subject to the inclusionary zoning requirements of section 82-1605.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

The maximum density shall be 15 cottage units per acre of land not defined as land unsuitable for development in section 82-104.

B.

An individual cottage development shall contain a minimum of six dwelling units and may contain a maximum of 30 dwelling units.

C.

None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

A CCD may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

B.

No detached accessory structures shall be allowed except as development facilities such as storage sheds, garages, utility structures, or similar common facilities.

C.

Dwelling units shall be separated by a minimum of ten feet from the side edge of one building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten-foot separation shall be measured from the outside edge of these features.

D.

Dwelling units not abutting or oriented towards a right-of-way shall have a front yard oriented towards the common open space.

E.

The total habitable floor area, as defined in section 82-104 of the zoning ordinance, of each cottage unit shall not exceed 1,200 square feet. No building footprint, excluding any enclosed porch area, shall exceed 800 square feet. Habitable floor area in a two-story cottage for the second floor shall not exceed 400 square feet.

F.

The distance between the front building edge and the right-of-way or the edge of the common space shall be at least 15 feet.

G.

The building height for all structures shall not exceed 22 feet.

H.

The nearest building in the cottage community shall not be closer than 50 feet from the lot line of any abutting residential use.

I.

Accessory dwelling units are not allowed within a CCD.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

A minimum of 250 square feet of common open space shall be provided per dwelling. However, not less than 3,000 square feet of common area shall be provided regardless of number of dwelling units.

B.

No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 20 feet, unless part of a pathway or trail.

C.

Required common open space shall be divided into no more than two separate areas per cluster of dwelling units.

D.

Common open spaces shall have dwelling units that face each other across the common open space.

E.

Common open space shall be designed for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.

F.

Stormwater management facilities shall not be located in a common open space area, except where swales or other natural conveyance features are included in the design.

G.

All dwelling units shall have dedicated access ways to the common open spaces.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In addition to the dimension requirements in section 82-1203.6, the following building design standards shall apply:

A.

Variety in building design. The same combination of building elements, features and treatments shall not be repeated on individual dwelling units for more than 20 percent of the total dwelling units in a cottage housing development. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. A minimum of five of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

1)

Variation in general architectural elevation and size (this is required);

2)

Variation in roof or building colors and materials, such as brick, stone or other masonry as accents (vinyl or cementitious finish materials are prohibited);

3)

Varying roof shapes or gables between adjacent structures;

4)

Windows with visible trim and mullions;

5)

Roof brackets;

6)

Dormers;

7)

Fascia boards;

8)

Bay windows;

9)

Entry enhancement such as a well detailed door (multi-panel or glass insert), window adjacent to front door, or roof extension;

10)

Trellis;

11)

Modulation;

12)

Chimney (shown on the exterior of the house);

13)

Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest;

14)

Additional porches and patios (required porch not included);

B.

Porches.

1)

Cottage housing units shall have a covered porch over the primary entrance at least 60 square feet in size with a minimum dimension of six feet on any side.

2)

Cottage housing units shall have the covered porches of the main entry oriented to the common open space or the public street right-of-way as applicable.

C.

Fences. All fences interior to the development shall be no more than 36 inches in height and shall be made of natural materials.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

A minimum of 1.5 spaces per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement.

B.

Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.

C.

Garage doors shall not be oriented towards a public right-of-way with the exception of an alley or walkway.

D.

Garages and carports shall not be located between the common open space and the dwelling units.

E.

Surface parking lots shall be broken into sub-lots of no more than 15 parking spaces.

F.

Parking in the form of garages, carports, or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.

G.

Surface parking lots shall be set back 20 feet from the outside perimeter of the cottage community.

H.

Parking shall be set back a minimum of 20 feet from a public right-of-way.

I.

Surface parking lots of more than four spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features.

J.

A pitched roof design is required for any enclosed parking structures.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The planning commission shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:

"If the owners, or their successors or assigns fail to maintain the common area, the town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns."

B.

Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. A typical example would be creation of a homeowner's association or condominium association with authority and funding necessary to maintain the common areas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

All applications shall be required to meet RIDEM's stormwater standards.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems.

B.

These standards are intended to ensure that solar energy systems are compatible with the surrounding area, provide for public safety, and minimize impacts on scenic, natural, and historic resources.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

The provisions of this section shall apply, as specified herein, to construction, operation, and/or repair of solar energy systems in the Town of Jamestown, installed and constructed after the effective date of this article.

B.

Accessory solar energy systems for which a building permit application has been submitted prior to the enactment of this section shall not be subject to the requirements found herein.

C.

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this article.

D.

Any solar energy systems that are proposed to be located on town-owned property are subject to the requirements of this section unless otherwise noted.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Location. Major solar energy systems are prohibited in Jamestown, as indicated in Table 6-1. Accessory solar energy systems are permitted as an accessory use in all zoning districts, as indicated in Table 6-1.

B.

Exemptions. Building-mounted or building-integrated accessory solar energy systems for residential or commercial uses shall be allowed by right in all zones. Nothing herein shall preclude the Town of Jamestown from proposing to install ground-mounted or other solar energy systems on any town-owned or -controlled property regardless of the zoning district (though still subject to the review requirements of this section). Size restrictions as noted in section 82-1204.4 C. do not pertain to town-owned or -controlled property.

C.

Compliance with laws, ordinances, and regulations. The construction and operation of all solar energy systems shall be consistent with all applicable local, state, and federal laws, ordinances, regulations, and requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings/structures and fixtures forming part of a solar energy system shall be constructed and maintained in accordance with the Rhode Island Building Code and Electrical Code.

D.

Building permit and building inspection. No solar energy system shall be constructed, installed or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the building official.

E.

Fees and surety. All applicable fees, including, but not limited to, a building permit fee, planning and zoning board review fees, as provided for herein or in the Code of Ordinances for the Town of Jamestown, shall be paid prior to the issuance of any building permits.

F.

Plans and surveys. All plans related to design, construction, installation or modification of a solar energy system installation shall be prepared, signed, and stamped by either a professional engineer, surveyor (for property line information) or landscape architect (for landscape information) licensed to practice in the State of Rhode Island.

G.

Maintenance. The solar energy system shall be maintained by the solar energy system owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations.

H.

Conservation lands. Solar energy systems and any associated equipment shall not be allowed 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 allows the installation of a solar energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards shall apply as follows:

A.

All solar energy systems. All solar energy systems, including accessory and major solar energy systems, shall adhere to the following:

1.

Glare. All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.

2.

Stormwater and Erosion and Sediment Control. On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards Manual, and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable town regulations.

3.

Clearing, excavation, and filling. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

4.

Code requirements. All installations shall be in compliance with the Rhode Island State Building Code and the Rhode Island State Electrical Code and shall be subject to periodic inspections by the Jamestown Building Official. All relevant installation components must have a UL listing or equivalent.

5.

Mechanical equipment. All mechanical equipment associated with solar energy systems, including, but not limited to, controls, energy storage devices, batteries, heat pumps, exchangers or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be located and enclosed with structures/fencing to prevent unauthorized access.

6.

Ground cover. Grass is the preferred treatment versus gravel, crushed stone or the like. However, each application shall be assessed during the development plan review process to determine the most appropriate ground cover.

7.

Farmland. Solar energy systems located on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey, shall be designed and installed to ensure that:

a.

The land beneath the solar energy system is reseeded after installation with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database, or, if such soils need to be removed from beneath the system for installation purposes, the soils are relocated to and spread over an undisturbed area of the site to allow the soils to be placed into productive use;

b.

Any invasive species found to grow upon the land underneath the system are controlled or eliminated so that the soil remains usable for future agricultural purposes;

c.

Siting of the systems shall keep with the existing contours of the land, and only pile-driven or ballast block footings are to be used, so as to minimize disturbance of soils during installation; and

d.

Required vegetative buffers are composed of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials.

B.

Accessory solar energy systems. An accessory solar energy system is permitted in all zones, provided such system shall:

1.

Meet all applicable zone requirements from other sections of this zoning ordinance, unless otherwise specified herein, including, but not limited to, lighting, setbacks, signage, and height;

2.

Require a building permit after submission and approval of layout and design through development plan review (DPR) through the technical review committee per section 82-1004.2. Any memorandum of lease, easement or utility agreements must also be submitted for review, and shall be recorded in land evidence in the Town of Jamestown upon approval;

3.

Place any roof-mounted components on code compliant structures only. On flat roofs, accessory solar energy systems shall be set back from the edge. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline; and

4.

Place ground mounted components on an area of up to 20 percent of the net buildable area of the lot on which it is located (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands) but no more than 5,000 square feet in area in total. Ground mounted systems shall be no more than 12 feet above finished grade at their highest point.

C.

Major solar energy systems. Major solar energy systems shall be allowed per Table 6-1.

1.

Where allowed, major solar energy systems require a special use permit from the planning commission and formal development plan review per article 10 and the town's subdivision and land development regulations and unified development review per section 82-210. On municipally-owned property or on property in agricultural or farming use having a total land area of five acres or greater and where the proposed major solar energy system does not exceed 20 percent of the net buildable area of the lot on which it is located, a special use permit is not required. Agricultural or farming use property not meeting these criteria shall be subject to the special use permit process.

2.

When a major solar energy system exceeds 40 percent of the net buildable area of the lot on which it is located, then such major solar energy system shall require major land development approval from the planning commission (per the town's subdivision and land development regulations) and a special use permit through unified development review.

3.

All major solar energy systems shall require a building permit prior to construction and adhere to the following:

a.

Plan submittal requirements. Major solar energy system applications shall include the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommissioning/restoration plan, proof of liability insurance, the contact information for the project contractors, and utility approval where applicable (following completion of the utility company's review and approval of an impact study). Additional documents may be required by the planning commission.

b.

Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission approvals.

c.

Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission and zoning board of review approvals.

d.

Setbacks and height. Any major solar energy system, including any solar canopies that may be part of the system, must meet all height, lot coverage, and minimum front, side, and rear yard requirements in the applicable zone, unless otherwise specified herein, and must additionally maintain a twenty-foot vegetated buffer from all adjacent properties and roadways.

e.

Utility connections. All utility connection and distribution lines within the installation shall be underground or located entirely within a structure. Electrical equipment between the installation and the utility connection may be aboveground if required by the utility.

f.

Security. A fence shall surround the perimeter of any ground-mounted installation unless adequate property perimeter fencing already exists to the satisfaction of the zoning officer. Said fencing shall be no less than seven feet in height nor greater than ten feet in height, shall be secured from unauthorized entry, shall be located behind any vegetated buffer required by this section, and, as feasible, shall not obscure scenic views and shall incorporate wildlife passage features for small mammals and birds in its design and installation.

g.

Emergency access and safety. Reasonable accessibility for emergency service vehicles shall be required, along with documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency, and documentation indicating that the plan has been approved by the fire marshal. A means of shutting down the solar energy system connection to any utility provider interconnection shall be clearly and sufficiently marked.

h.

Signage. No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.

i.

Lighting. Lighting of solar energy facilities and appurtenant structures shall be limited to that required for safety and operational purposes and shall follow the standards found in section 82-702 of this zoning ordinance.

j.

Operations and maintenance. When an applicant makes submission to the planning commission, he or she shall include an operations and maintenance plan for the solar energy system. It shall include provisions for emergency shutdown and shall provide for maintaining contact information for a responsible party for the public and agents of the town to contact with inquiries or concerns throughout the useful life of the system. Such plan shall also provide detailed information regarding any chemicals, solvents or other compounds used to clean or otherwise maintain the solar panels and provide information on their storage, disposal and handling.

k.

Identification as to whether any prime farmland or farmland of statewide importance exist on-site, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey.

l.

Identification of any RI Department of Environmental Management Natural Heritage Areas that may exist on site.

4.

Abandonment or decommissioning.

a.

Removal requirements. Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

i.

Physical removal of all structures, equipment, security barriers, and transmission lines from the site.

ii.

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

iii.

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

b.

Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the solar energy system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the facility.

c.

Financial surety. Applicants for major solar energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

5.

To ensure the fulfillment of the requirements of this section, the planning commission shall have the authority to require the following:

a.

Location adjustments. Adjustments to the proposed location of the major solar energy system determined necessary to mitigate negative impacts to adjacent properties, or to reduce the amount of clearing necessary for installation; and

b.

Additional landscaping. The provision of additional landscaping beyond the minimum requirements of this section and the town's subdivision and land development regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent community viewsheds, or due to the unique characteristics of the subject property.

6.

Changes to approved major solar energy systems. All proposed changes and upgrades to major solar energy systems shall be submitted to the planning department for determination as to whether such constitutes a major change or upgrade. Major changes shall include, but not be limited to, increases to the surface area or ground coverage of the system, and changes to the system's infrastructure that result in additional disturbance of land. Major changes shall be reviewed using the same process by which the major solar energy system was originally reviewed. Minor changes shall be reviewed and approved by the technical review committee or referred to the planning commission as a major change.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The purpose of this chapter is to provide standards for the placement, design, construction, operation, monitoring, modification, and removal of wind energy systems that address public safety; minimize impacts on scenic, natural, and historic resources; and provide adequate financial assurance for the eventual decommissioning of such systems.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

This section applies to all wind energy systems proposed to be constructed after the effective date of this section.

B.

This section also pertains to physical modifications to existing wind energy systems that materially alter the type, configuration, location or size of such systems or related equipment. This section does not apply to offshore wind facilities.

C.

Nothing herein shall preclude the Town of Jamestown from proposing to install any wind energy system on any town-owned or -controlled property regardless of the zoning district. Any wind energy systems that are proposed to be located on town-owned property are subject to the requirements of this section unless otherwise noted.

D.

No wind energy system shall be erected, constructed, installed or modified as provided in this section without receiving a special use permit from the planning commission through formal development plan review per article 10 and the town's subdivision and land development regulations and unified development review per section 82-210. All applications for a wind energy system shall meet the standard requirements for development plan review (Jamestown Subdivision and Land Development Regulations) and special use permits (section 82-203 and article 3) as well as the requirements described below in section 82-1205.3, General requirements.

E.

Temporary meteorological towers (met towers). A building permit shall be required for stand-alone temporary met towers. Development plan review shall not be required for met towers. Met towers shall not be located so as to interfere with any utility right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Location. Wind energy systems are permitted only where indicated in Table 6-1, with a special use permit.

B.

Exemptions. Building-mounted or building-integrated accessory wind energy systems for residential or commercial uses shall be allowed by right in all zones.

C.

Compliance with laws, ordinances, and regulations. The construction and operation of all wind energy systems shall be consistent with all applicable local, state, and federal laws, ordinances, regulations, and requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings/structures and fixtures forming part of a wind energy system shall be constructed and maintained in accordance with the Rhode Island Building Code and Electrical Code.

D.

Building permit and building inspection. No wind energy system shall be constructed, installed or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the building official.

E.

Fees and surety. All applicable fees, including, but not limited to, a building permit fee, planning and zoning board review fees, as provided for herein or in the Code of Ordinances for the Town of Jamestown, shall be paid prior to the issuance of any building permits.

F.

Plans and surveys. All plans related to design, construction, installation or modification of a wind energy system installation shall be prepared, signed, and stamped by either a professional engineer, surveyor (for property line information) or landscape architect (for landscape information) licensed to practice in the State of Rhode Island.

G.

Operation and maintenance. The wind energy system shall be maintained by the applicant and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations. The applicant shall be responsible for the cost of maintaining the wind energy system and any access road(s), unless accepted as a public way.

H.

Conservation lands. Wind energy systems and any associated equipment shall not be allowed 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 allows the installation of a wind energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following standards shall apply as follows:

A.

Appearance, color, and finish. Color and appearance shall comply with FAA safety requirements.

B.

Lighting. Wind turbines shall be lighted only if required by state or federal law. Lighting of other parts of the wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Except as required by state or federal law, lighting of the wind energy system shall conform with section 82-702, Lighting.

C.

Signage. No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address, and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.

D.

Utility connections. Reasonable efforts, as determined by the planning commission, shall be made to place all developer-owned utility connections from the wind energy system underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Utility owned electrical equipment required for utility interconnections may be above ground, if required by the utility provider.

E.

Appurtenant structures. All appurtenant structures to wind energy systems shall be subject to applicable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking, and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

F.

Height. The maximum tip height (MTH) of wind energy systems shall not exceed 350 feet.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Emergency access and safety. Reasonable accessibility for emergency service vehicles shall be required, along with documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the system and in the event of an emergency, and documentation indicating that the plan has been approved by the fire marshal. All means of disconnecting the wind energy system shall be clearly marked. The applicant or system owner shall identify a responsible person for public inquiries or complaints throughout the life of the project.

B.

Security. A fence shall surround the perimeter of any wind energy system unless adequate property perimeter fencing already exists to the satisfaction of the zoning officer. Said fencing shall be no less than seven feet in height nor greater than ten feet in height, shall be located behind any vegetated buffer required by this section, and, as feasible, shall not obscure scenic views and shall incorporate wildlife passage features for small mammals and birds in its design and installation. Wind energy systems shall be designed to prevent unauthorized access. For instance, the towers of wind turbines shall be designed and installed so that step bolts or other climbing features are not readily accessible to the public and so that step bolts or other climbing features are not installed below the level of eight feet above the ground. Electrical equipment shall be locked where possible.

C.

Setbacks. A wind turbine may not be sited within:

1)

A distance equal to or less than one and one-half times the maximum tip height (MTH) of the wind turbine from any property lines, buildings, critical infrastructure—including critical electric infrastructure and above-ground natural gas distribution infrastructure—or private or public ways that are not part of the wind energy system; or

2)

A distance equal to three times the maximum tip height (MTH) of the turbine from the nearest existing residential or commercial structure.

D.

Shadow/flicker. Wind energy systems shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses.

E.

Sound. The operation of the wind energy system shall be no more than a 5 dB(A) increase over the site's pre-construction ambient sound levels. The applicant shall fund a third party with acoustic expertise to conduct this pre-construction sound monitoring, and to predict turbine sound levels at surrounding property lines. The most up-to-date IEC standards for sound power levels (IEC 61400-11 ed 3 as of 2015) should be used in conjunction with the most current ISO sound pressure propagation methods (ISO 9613-2 as of 2015), though other accurate sound modeling options, such as NORD200 software, are also accepted.

F.

Clearing, excavation, and filling. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the wind energy system or as otherwise prescribed by applicable laws and regulations. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

A site plan is required showing the following, on top of anything else required by the DPR checklist:

1)

Property lines and physical dimensions of the site parcel and adjacent parcels within 500 feet of the site parcel;

2)

Outline of all existing buildings/structures, including purpose (e.g. residence, garage, etc.), on the site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the wind system to each building shown;

3)

Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment, including demonstration of compliance with any setbacks required by section 82-1205.5 C;

4)

Location of all existing and proposed roads, both public and private, and including temporary roads or driveways, on the site parcel and adjacent parcels within 500 feet of the site parcel;

5)

Location of all existing above ground or overhead gas or electric infrastructure, including critical electric infrastructure, and utility rights-of-way and easements, whether fully cleared of vegetation or only partially cleared, within 500 feet of the site parcel;

6)

Existing areas of tree cover, including estimated average height of trees on the site and any adjacent parcels within a distance of 3.0 times the MTH, measured from the wind turbine foundation;

7)

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

8)

Tower and tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Rhode Island;

9)

One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and overcurrent devices;

10)

Documentation of the wind energy system's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

11)

Name, address, phone number, and signature of the applicant, as well as all co-applicants or property owners, if any;

12)

The name, contact information, and signature of any agents representing the applicant; and

13)

A maintenance plan for the wind energy system.

a)

Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as detailed procedures for operational maintenance of the wind system that are in accordance with manufacturer's recommendations for the period of expected operation of such system. A system that is not being maintained in accordance with the submitted plan and manufacturer's recommendations shall be subject to the conditions of section 82-407, Penalty for violation;

b)

A location map consisting of a copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed system site, including turbine sites, and the area within at least two miles from the system. Zoning district designation for the subject parcel should be included; submission of a copy of a zoning map with the parcel identified is suitable for this purpose;

c)

Proof of liability insurance, in amounts commensurate with the risks;

d)

Certification of height approval from the Federal Aviation Administration (FAA);

e)

A statement that evidences the wind energy system's conformance with section 82-1205.5 D relative to shadow/flicker;

f)

A statement that evidences the wind energy system's conformance with section 82-1205.5 E, listing existing ambient sound levels at the site and maximum projected sound levels from the wind energy system;

g)

Description of financial surety that satisfies section 82-1205.7 C.; and

h)

A public safety preparedness and response plan per section 82-1205.5 A and documentation that the site is secured per section 82-1205.5 B.

B.

Site control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for installation and operation of the proposed wind energy system, together with documentation of all applicable title encumbrances (e.g. utility right-of-way easements). Control shall include the legal authority to prevent the use or construction of any structure for human habitation, or inconsistent or interfering use, within the setback areas.

C.

Utility notification. No site plan for the installation of a wind energy system shall be approved until evidence has been given that the electric utility company that operates the electrical grid where the system is to be located has been informed of the customer's intent to install an interconnected customer-owned generator, and copies of site plans showing the proposed location have been submitted to the utility for review. No installation of a wind energy system shall commence, and no interconnection shall take place until an interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation has been executed with the utility. Off-grid systems shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Removal requirements. Any wind energy system that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

1)

Physical removal of all wind turbines, structures, equipment, security barriers, and transmission lines from the site.

2)

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

3)

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

B.

Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the wind energy system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the system in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the system.

C.

Financial surety. Applicants for utility-scale wind energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned systems. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Communications towers shall be prohibited in any historic district except by a use variance from the zoning board of review.

B.

Applications for a use variance shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three potential sites:

1)

Site plans;

2)

Photographs of the site and surrounding areas; and

3)

Written documentation of the lack of a site in a permitted district.

C.

The following standards shall apply to all applications:

1)

A reasonable effort shall be made to utilize existing structures for communications antennas. If an existing structure is not utilized, evidence as to why not shall be submitted.

2)

Town-owned sites near the prospective development area and which could potentially accommodate the proposed antennas and communications towers shall be identified.

3)

Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1.5 feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries according to the minimum requirements of the zoning district in which they are located.

4)

All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries according to the minimum requirements of the zoning district in which the communications tower is located, but no less than 25 feet. When located in or abutting a residential district or historic district, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.

5)

Communications equipment buildings and structures shall be considered accessory uses and shall comply with the following setbacks:

a)

Buildings and structures with a footprint of 100 square feet or less: Shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or historic district which shall require a minimum of 25 feet.

b)

Buildings and structures with a footprint of greater than 100 square feet: Shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 35 feet.

6)

Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Communications towers shall be completely screened from all adjacent properties and streets and appropriately camouflaged if required. Plantings shall be of such a height and density to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the town's subdivision regulations or as accepted by the zoning officer. Screening shall comprise ten percent of the minimum established setback requirement but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than ten feet in width. Screenings may be waived by the zoning board of review on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

7)

Communications towers shall be enclosed by a fence no less than seven feet in height or no more than ten feet in height from finished grade. Access shall be through a locked gate. Communications towers in or abutting a residential district or historic district shall have fencing comprised of wood or stone.

8)

Communications towers shall not be artificially lighted except as required for public safety purposes by the Federal Aviation Administration (FAA) or by the town.

9)

No signs shall be allowed on any communications tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the town.

10)

Antennas not attached to a communications tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily, or public or semipublic utility structure, provided that:

a)

The antennas are not higher than 20 feet above the highest point of the structure;

b)

The antennas comply with applicable Federal Communications Commission and Federal Aviation Administration regulations; and

c)

The antennas comply with all applicable zoning requirements and building codes.

11)

Communications towers shall be located so as to comply with the following standards for the minimum separation distance from existing towers and/or towers that have received a valid special use permit, use permit or building permit:

MINIMUM SEPARATION BETWEEN COMMUNICATIONS TOWERS (BY TOWER TYPE)

i.

Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

ii.

Separation distances shall be measured from the global positioning system location of the existing, approved or proposed telecommunications tower. A certified survey showing the global positioning system location of the proposed telecommunications tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with setback requirements.

D.

Abandonment or decommissioning.

1)

Removal requirements. Any communications tower that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

a)

Physical removal of all communications towers, supports, structures, and related equipment from the site.

b)

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

c)

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

2)

Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the communications tower shall be considered abandoned when it fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the communications tower in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove it.

3)

Financial surety. Applicants for communications towers shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned communications towers. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

General. The owner of any house lot containing at least one dwelling may keep or permit to be kept on the house lot no more than six chicken hens on lots less than one acre, and 12 on lots between one acre and two acres and 20 on lots larger than two acres. Lots qualifying as farms have no restrictions on the number of chicken hens.

B.

Roosters. Subsection A of this section shall be construed to prohibit the raising and/or keeping of roosters.

C.

Structures and enclosures. All chicken hens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:

1)

The hen house must be covered, predator-resistant and well-ventilated. It shall be no more than eight feet in height and a maximum of 64 square feet in area;

2)

The fence made of chicken wire or a stronger substance shall be no more than six feet in height;

3)

The hen house must provide a minimum of two square feet per chicken hen;

4)

The hen house must be kept clean, dry, and sanitary at all times;

5)

The hen house must be located upon a permeable surface that prevents waste run-off;

6)

The fenced enclosure must adequately contain the chicken hens at all times;

7)

The fenced enclosure must be kept clean and sanitary at all times;

8)

The hen house must provide the chicken hens with adequate protection from the elements and inclement weather and provide for the chicken hens good health and prevent any unnecessary or unjustified suffering;

9)

The hen house shall not be built onto any shared fence;

10)

The setbacks for the hen house and enclosed area shall be those for the principal dwelling located on the house lot.

D.

No chicken hens may be kept or raised within the dwelling.

E.

The owner of the hen(s) must be a resident of the dwelling located on the house lot.

F.

The raising of chicken hens shall be restricted to back yards or side yards; chicken hens shall not be permitted, at any time, on the part of the property directly abutting a road.

G.

The keeping of chicken hens pursuant to this section shall be primarily for the purpose of raising chicken hens and collecting the eggs produced thereof; this section shall not be construed to allow for the commercial slaughter and sale of any chicken hens for any purpose.

H.

Necessary euthanasia of chicken hens shall be performed by a veterinarian licensed to practice in the State of Rhode Island.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Conditions. Conditions apply in all zoning districts where this use is permitted, per Table 6-1.

1)

Setbacks: Unless in active use in or adjacent to the water, all fishery equipment, must be located inside a building or enclosed structure or be set back within the accessory building setback from the nearest property line and not located within the "front yard."

2)

Odors: No fishery equipment shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Underground storage tanks (USTs) are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

A.

Propane tank: Propane tanks are encouraged to be located above ground, but are allowed to be placed underground in any zoning district with the following conditions:

1)

Underground propane tanks must be designed for underground use and be installed and maintained according to manufacturer specifications.

2)

Underground propane tanks must be designed with cathodic protection or another method to help prevent tank corrosion.

3)

The outer surface of the underground propane tank must have a protective coating and be covered with a material that will not be harmful to the shell of the tank.

4)

Underground propane tanks must not be larger than 1,100 gallons.

5)

Underground propane tanks must be placed at least 12 inches above the high groundwater table.

B.

Design standards: All new USTs other than propane tanks that meet the requirements of section 82-1209.a above must receive a special use permit and meet the following design standards:

1)

The facility must have an appropriate method of leak detection.

2)

Fill-pipes on tanks must have means to collect spills from delivery hoses.

3)

The tanks must have overfill protection, such as automatic shutoff devices which activate at 90 percent UST capacity and restrict flow during deliveries.

4)

Tanks and/or piping installed must be double-walled with continuous interstitial monitoring.

5)

Tanks must be placed at least 12 inches above the high groundwater table.

6)

These requirements for USTs are intended to supplement and not to supersede any other applicable requirements of the State of Rhode Island.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Home occupations are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

A.

Location: Carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.

B.

Proprietor: Carried on by a full-time resident of the dwelling unit, and up to one person not a resident of the premises.

C.

Relation to dwelling unit: Clearly incidental and secondary to the use of the dwelling unit for residential purposes.

D.

Area: Performed by the resident and using no more than 25 percent of the gross floor area of the dwelling unit or 500 square feet of floor area, whichever is less, and such activity shall not be visible from a lot line;

E.

Exterior: There shall be no exterior display, no exterior sign (except as permitted under article 14 [of this chapter]), no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

F.

Nuisances: No vibration, smoke, dust, odors, heat or glare, electrical interference, or offensive noise shall be produced.

G.

Traffic: No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

H.

Parking: Any parking required for the conduct of such a home occupation shall be provided off the street.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Fuel service stations are only allowed in the zoning districts specified in Table 6-1, Permitted uses, with the following conditions:

A.

Only the following services may be rendered:

1)

Sale and servicing of spark plugs, batteries and distributor parts;

2)

Tire servicing and repair, but not recapping or regrooving;

3)

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;

4)

Radiator cleaning and flushing;

5)

Washing and polishing, and sale of automotive washing and polishing materials;

6)

Greasing and lubrication;

7)

Providing and repairing fuel pumps, oil pumps, and lines;

8)

Minor servicing and repair of carburetor;

9)

Emergency wiring repairs;

10)

Adjusting and repairing brakes;

11)

Minor motor adjustments.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, and medical buildings into residential units or mixed-use developments is a permitted use, under the criteria described below under eligibility.

A.

Eligibility:

1)

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

2)

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

B.

Density calculations:

1)

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

a.

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

b.

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

c.

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

2)

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be 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)

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

C.

Dimensional requirements:

1)

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

2)

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

3)

Notwithstanding other provisions of this section, 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.

a.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

D.

Parking requirements:

1)

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

2)

All non-residential uses shall comply with the parking requirements of article 13.

E.

Allowed uses within an adaptive reuse project:

1)

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.

2)

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of section 82-601, Uses and districts, for the zoning district in which the structure is located.

F.

Procedural requirements:

1)

Adaptive reuse projects shall be subject to the procedural requirements for major land development, according to the standards of the Town of Jamestown Subdivision and Land Development Regulations, as amended.

2)

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

a.

The proposed residential density and the square footage of nonresidential uses.

b.

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 unit.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply to any non-residential uses permitted as a special use permit in a residential zoning district (per section 82-601, Uses and districts), in addition to the standards for any particular use per this article XII. Where there are conflicts with any standards for a particular use per this article XII and these standards for certain non-residential uses in residential zoning districts, the stricter applies.

A.

Retail sales: Any retail sales are clearly subordinate to the primary use.

B.

Hours of operation and deliveries: No earlier than 7:00 a.m. and no later than 8:00 p.m.

C.

Outdoor storage, sales, and display: Except for Town of Jamestown services, commercial nurseries and greenhouses, and agricultural uses, outdoor storage, sales, and display are prohibited.

D.

Parking: The requirements of article 13, Parking regulations, apply. In addition, parking for any special event, class or other such gathering that attracts more than the usual number of customers must be accommodated on site and must not spill over into the surrounding neighborhood unless otherwise permitted by the Town of Jamestown.

E.

Signage: All signage for such uses must comply with the standards for signs in residential zoning districts per article 14, Sign regulations.

F.

Nuisances: No vibration, smoke, dust, odors, heat or glare, electrical interference, or offensive noise shall be produced.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Site design: The site design requirements of section 82-1200 E shall apply.

B.

Building design: The building design requirements of section 82-1200 F shall apply.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Lot coverage: Lot coverage must not exceed 15 percent of the lot area, except for colleges which are subject to the standards of the underlying zoning district.

B.

Circulation: Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

C.

Minimum lot area: There shall be a minimum lot area of five acres or 1,000 square feet for each student based on enrollment capacity, whichever is greater. Enrollment capacity is based on the number of seats/desks or other facilities available to students for educational purposes in a classroom situation.

D.

Building setbacks: In the P Zoning District, any building must not be located within 75 feet of any side or rear property line. In the CL and CD Zoning Districts, any building must not be located within 30 feet of any side or rear property line.

E.

Active outdoor area setbacks: Any playground, field, outdoor classroom or other actively used outdoor space must not be located within 50 feet of any property line.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

A.

Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

B.

Parking accessibility: Parking shall be located in the side and rear yards of the property, behind the building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

A.

Emergency entrance: Public parking areas should be separated from the emergency entrance area.

B.

Parking: All parking must be located in the side or rear yards.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, uses and districts.

A.

Setbacks: Same as for a single-family dwelling unit per the underlying zoning.

B.

Water/sewer service: Public sewer and water systems must be available and used and must be connected to systems before a certificate of occupancy can be issued.

C.

Utilities: Utilities must be placed underground.

D.

Signage: A comprehensive plan for directional signage shall be provided to assure that major pathways connect housing with on- and off-site activities and that visitors and residents can easily orient themselves.

E.

Parking: Clearly demarcated and direct pedestrian routes should extend from any onsite parking areas and public frontage sidewalks to building entrances.

F.

Circulation: Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Outdoor storage:

1)

Any outdoor storage area shall be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress. Fences or walls along the front or corner side lot line shall be set back a minimum of ten feet. Within that setback, evergreen shrubs a minimum of four feet in height shall be planted linearly every five feet on-center along such fence or wall.

2)

Outdoor storage of any kind is prohibited outside the fence or wall. No items stored within ten feet of the fence or wall may exceed the height of the fence or wall.

3)

Any outdoor storage area should be located in the rear of the lot.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Meals: Meals may be served on the premises for members and their guests only.

B.

Accommodations: Overnight accommodations are prohibited.

C.

Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

D.

Parking accessibility: Parking shall be located in the side and rear yards of the property, behind the building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Setbacks: Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

B.

Buffer: A landscaped buffer area of 25 feet in width must be provided between recreational ballfields and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Setbacks:

1)

Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

2)

Any structure must be set back an additional one foot for every one foot of height over 20 feet up to the maximum height allowed in the underlying zone.

B.

Motorized vehicles: No motorized vehicles may be used for competitive or exhibition purposes.

C.

Buffer: A landscaped buffer area of at least 25 feet in width must be provided between these recreation uses and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Parking screening: Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of eight feet in height. Alternatively, or in combination with a fence or wall, evergreen shrubs or trees a minimum of four feet in height at time of planting shall be planted along interior side and rear lot lines or along any required fence or wall.

B.

Parking accessibility: Parking shall be located in the side and rear yards of the property, behind any building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the marina use.

C.

Buffer: A landscaped buffer area of at least 50 feet in width must be provided between these parking uses and any abutting residential property.

D.

Timeframe: Such parking shall only be operational between the months of May and October.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Setbacks and screening: As stipulated below based on the size of the structure.

1)

Small structures - between two feet and eight feet in height.

• No setbacks are required.

• Screening or landscaping around the structure is required.

2)

Medium structures - over eight feet in height and 1,500 square feet or less.

• Must meet setbacks for underlying zoning district.

• Screening or landscaping around the structure is required.

• A curb cut and designated parking area should be provided if no on-street parking is available.

3)

Larger facilities/buildings.

• Provide a setback of 100 feet to the property line if the facility is in or adjacent to residential districts.

• Parking must be provided to adequately serve the intended use of the facility or building, as determined by the zoning official.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Buffer: A landscaped buffer area of 25 feet in width must be provided between such use and any abutting residential property.

B.

Setbacks: Any building must be located no less than 50 feet from any abutting residentially zoned property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Location and screening: Satellite dishes shall be placed to the rear of a building so as not to be visible from any public way. If such a location is infeasible for the operation of the satellite dish, it may be placed to the side of a building no closer than ten feet behind the front façade of the building, so long as it is screened so as not to be visible from any public way.

B.

Glare: No satellite dish shall be positioned such that light glare trespasses on a neighboring property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Size: The indoor display and sales area is limited to one building or structure not to exceed 200 square feet in area.

B.

Parking: Provision shall be made for at least four off-street parking spaces.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Size: The indoor area is limited to one building or structure not to exceed 500 square feet in area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Mixed-use: This use may not be combined with residential use of a property.

B.

Hours of operation: Hours of operation shall not be outside the hours of 11:00 a.m. through 1:00 a.m.

C.

Security plan: A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or his/her designee and updates shall be submitted to and approved by the chief of police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

A.

Repair activities: Limited repair activities must be conducted within a building.

B.

Location: Repair activities must be located to the side or rear.

C.

Storage: All materials must be stored within a building. Vehicles that are not actively under repair or for sale/rent, or vehicles that are used as a source for parts, must not be stored on the site.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Setbacks:

1)

Proximity of any active recreation portion of the site to any property line associated with a residential dwelling existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

2)

Any structure must be set back an additional one foot for every one foot of height over 20 feet up to the maximum height allowed in the underlying zone.

B.

Buffer: A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Mixed-use: This use may not be combined with residential use of a property.

B.

Hours of operation: Hours of operation shall not be outside the hours of 11:00 a.m. through 1:00 a.m.

C.

Security plan: A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the chief of police or his/her designee and updates shall be submitted to and approved by the chief of police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts. This use may include a clubhouse, restaurant, multi-use space, outdoor lawn tennis courts (unlighted), maintenance facility, and other uses accessory to the operation of a golf course.

B.

Setbacks: Proximity of any active recreation portion of the site, including the clubhouse or other buildings and structures, to any property line associated with a residential dwelling existing at the time of application (other than a dwelling occupied or owned by the applicant) or to any residentially-zoned property, must not be less than 100 feet.

C.

Buffer: A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.

D.

Design and construction:

1)

Significant natural features such as rock outcroppings, natural riparian areas, knolls, ravines, etc. should be preserved.

2)

The clubhouse and other buildings should not be sited on a ridge or knoll top highly prominent or visible off-site.

3)

Buildings should not be unduly massive. Their bulk should be broken up by varying roof heights, spacing, tucking the structures into the hillside, or employing other architectural techniques to minimize the mass.

4)

Building and roofing materials should be selected to blend with the surrounding environment.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Minimum lot area: There shall be a minimum lot area of ten acres.

B.

Setbacks: No building or campsite shall be located within 100 feet of any property line.

C.

Large recreational vehicles: Campsites for recreational vehicles over 20 feet in length shall be grouped in an area separate from other campsites.

D.

Campground roads: Campground roads shall have a minimum width of ten feet per travel lane and shall be readily traversable with a well-drained surface.

E.

Retail sales: Within the camping area, the sale of camp supplies and a snack bar are permitted accessory uses provided they do not exceed a total of 500 square feet of floor area and they are used only by persons using the camping area.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Minimum lot area: A minimum lot area must be three acres.

B.

Setbacks: Open exercise areas and buildings containing animals must be a minimum of 100 feet from any property line.

C.

Outdoor exercise areas: Outdoor riding areas must be enclosed by a fence at least five feet in height and no more than six feet in height and such areas must always be maintained in a sanitary and odor-free condition.

D.

Animal waste: All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 200 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time these uses require a special use permit per section 82-601, Uses and districts.

A.

Fuel: The sale of fuel and or bottled gas must conform to the following conditions: Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line. However, gasoline pumps may be located conveniently to serve boats, if precautions are taken to prevent spillage in the waters of the town. The vessel containing the fuel or gas must comply with Federal Emergency Management Agency flood hazard regulations and the National Fire Protection Association regulations.

B.

Wastes: There must be provisions made for the collection and disposal of boat-generated wastes.

C.

Setbacks: All structures and outdoor activities must be located a minimum of 100 feet from any residential property line.

D.

Noise: In considering the application for special use permit, the zoning board/planning commission may condition the special use permit and may limit the hours of operation of a use in the interest of minimizing/eliminating noise.

E.

Location of storage and repair: Repair activities must be conducted within a building. All materials must be stored within a building. Boats that are used as a source for parts must not be stored on the site.

F.

Screening: Outdoor storage areas shall be screened on all sides with a solid fence or wall although evergreen buffer is preferred, that is six feet tall, or eight feet tall evergreen hedge if what is stored is greater than six feet in height.

G.

Accessory outdoor facilities: Marinas and yacht clubs may include related accessory facilities which are supportive but supplemental to the principal use, subject to the following conditions:

Services provided to patrons of the principal facility and their guests may include:

- Food and beverage service

- Retail sale of items directly related to the principal use

The floor space of these services must not exceed 20 percent of the total floor area of the building. Documentation must be filed with the planning commission indicating that such services are for the benefit of patrons and guests of the principal use only and will not be open to the general public. Hours of operations as related to those of the principal use must be indicated, and the conditions pertaining to guest usage must be defined.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Timing: Such uses may be permitted for no more than one year.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Setbacks: Open exercise/play areas and buildings containing animals must be a minimum of 100 feet from any property line, with the exception of the following:

1)

Commercial kennels/animal daycare serving only domestic cats need only meet the minimum setbacks required by the applicable zoning district on which they are located.

2)

A building that is sufficiently soundproof so as not to create a nuisance to adjoining property owners or the general public, and that has no outdoor area for animals, may meet a 50-foot setback from any property line. Documentation of soundproofing must be provided with any application.

B.

Open exercise/play areas: Open exercise/play areas must be enclosed by a fence at least five feet in height and no more than six feet in height and such areas must always be maintained in a sanitary and odor-free condition.

C.

Animal enclosures: All stalls, pens, and similar enclosures for animals must have a floor made from concrete or other impervious material which must contain adequate drainage facilities connected to an acceptable sanitary system for proper washing and maintenance.

D.

Animal waste: All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 200 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The standards below apply any time this use requires a special use permit per section 82-601, Uses and districts.

A.

Screening: Outdoor storage areas shall be screened on all sides with a solid fence or wall that is six feet tall, or eight feet tall plus vegetative screening if what is stored is greater than six feet in height.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following apply to all industrial uses requiring a special use permit, on top of any use-specific criteria noted above.

A.

General standard: No industrial building or use shall create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other substance, condition or element in such manner, or in such amount, as to adversely affect the reasonable use of the surrounding area or adjoining premises.

B.

Standards for dangerous and objectionable elements.

1)

Air emissions. Air emissions shall be treated in a manner that prevents any nuisance or hazard to neighboring uses. Nuisance from emissions may include, but is not limited to, soiling of the ground or building surfaces, or damage or death of vegetation. Hazards from emissions may include, but are not limited to, particulates inhaled by people that may be harmful to their health.

2)

Waste. All wastes must be properly stored and disposed of in a manner to maintain sanitary and nuisance free conditions satisfactory to the zoning enforcement officer.

3)

Flammable and explosive materials. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.

4)

Vibration. No vibration that is detectable without instruments at a lot line should be transmitted outside of the lot where it originates, except vibration necessarily involved in the construction or demolition of buildings and structures.

5)

Heat. Heat, defined as thermal energy of a radiative, conductive or convective nature, emitted at the lot line by any use or facility shall not exceed the temperatures tolerable to plant or animal life.

6)

Radioactivity and electrical disturbance. No activities are permitted that emit dangerous radioactivity at any point and no electrical disturbances are permitted that adversely significantly affect the operation of any equipment, other than that of the creator of such disturbance.

7)

Discharges. No discharge shall be permitted into a private sewer system, stream, the ground or a municipal sewage disposal system that releases any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or vector arthropods.

8)

Odors. No use shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.

(Ord. of 2-3-2025(1), § 1(Exh. A))