Narragansett City Zoning Code

SECTION 12

- SPECIAL USE PERMITS

12.1.- Special use permits; application.

An application for a special use permit may be made by any person, group, agency, or corporation by filing with the zoning enforcement agency an application describing the request and supported by such data and evidence as may be required by the zoning board or, for unified development review the planning board, for review or by the terms of this ordinance. The zoning enforcement agency shall transmit a copy of an application to the planning board in accordance with section 18 (site plan review) of this ordinance and to the zoning board of review.

If a proposed land use is not specifically listed in section 6.3 of this ordinance, the property owner may present a proposal to the zoning board for evaluation and determination of whether the proposed use is of a similar type, character and intensity as a listed use requiring a special use permit. Upon such determination the proposed use may be considered to be a use requiring a special use permit.

(Ch. 1117, § 13, 12-18-2023)

12.2. - Review procedure.

The zoning enforcement agency, immediately upon receipt of a completed application for a special use permit, may request that the planning board and/or planning division report its findings and recommendations, including: findings that the proposal meets the criteria specified in sections 4, 7, 12 and 17 of this ordinance for the special use being requested; and a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the Town of Narragansett—however, consistency with the comprehensive plan cannot be a criterion for issuing or denying a special use permit, in writing to the zoning board of review within 30 days of receipt of the completed application in accordance with section 18 of this ordinance.

(Ch. 1117, § 13, 12-18-2023)

12.3. - Public hearing and notice.

The zoning board of review or, for unified development review the planning board, shall hold a public hearing on any application for a special use permit in an expeditious manner, after receipt of a completed application, in proper form, and provide notice of said hearing pursuant with the provisions of section 11.3 of this ordinance.

A supplemental notice, that a special use permit is under consideration, may be posted at the location in question. This posting shall be for informational purposes only and not constitute required notice of a public hearing.

The cost of all notification shall be borne by the applicant and the sender of the notice shall submit a notarized affidavit to attest to such mailing shall be presented to the zoning board of review.

(Ch. 1117, § 13, 12-18-2023)

12.4. - Applicability.

The zoning board or, for unified development review the planning board, shall grant a special use permit, following site plan review and approval in accordance with the procedures and standards set forth in sections 4, 7, 12, 17, and 18 of this ordinance, for the following:

(1)

Any use or structure designated as a special use permit use in section 6 or elsewhere in this ordinance;

(2)

Any use or structure proposed for construction in an overlay district;

(3)

The use of a substandard lot of record, as provided in section 8 of this ordinance.

The zoning board of review or, for unified development review the planning board, may grant a dimensional variance from the front, side, and rear yard requirements of section 6.4 or 6.5 for a single-family dwelling and accessory structures in conjunction with a special use permit, provided the relief granted does not have the effect of allowing a structure to be placed closer to a wetland or coastal feature as described in section 4.3 or 4.4. If the special use could not exist without the dimensional variance, the zoning board of review or, for unified development review the planning board, shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards. But in no event shall this increase the footprint or size of a dwelling otherwise allowed in the particular overlay district in which relief is requested.

(Ch. 840, § 4, 8-4-2003; Ch. 1117, § 13, 12-18-2023)

12.5. - Standards to be met.

The zoning board of review may not grant a special use permit unless it finds evidence to the satisfaction of the following standards that is entered into the record of the proceedings:

(1)

That the special use is specifically authorized by this ordinance, and setting forth the exact subsection of this ordinance containing the authorization;

(2)

That the special use meets all of the applicable requirements, development and performance standards, and criteria set forth in section 12 of this ordinance, the subsection of this ordinance authorizing the special use and that the use will comply with all set forth in sections 4 and 7 of this ordinance; except that the board may grant a variance from dimensional setbacks incorporated in the development standards of section 4.3(4) of the coastal and freshwater wetlands overlay district, and section 4.4(c) of the coastal resources overlay district, in accordance with the requirements of section 11 of this ordinance;

(3)

That it will not substantially or permanently injure the appropriate use of surrounding property;

(4)

That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this ordinance or the comprehensive plan of the Town of Narragansett. In so doing, the board shall consider, whether or not satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:

Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency or catastrophe;

Off-street parking and loading areas where required, with particular attention to noise, glare or odor effects of the special use permit on adjoining lots;

Trash, storage and delivery areas

Utilities, with reference to locations, availability and compatibility;

Screening and buffering with reference to type, dimensions and character;

Signs, if any, and exterior lighting with reference to glare, traffic safety, and compatibility and harmony with lots in the zoning district;

Required yards and other open space;

General compatibility with lots in the same or abutting zoning districts.

(5)

That the granting of the special use permit will substantially serve the public convenience and welfare;

(6)

That the use will not result in or create conditions inimical to the public health, safety, morals, and general welfare;

(7)

In addition to the above, the zoning board of review shall consider:

Access to air, light, views, and solar access.

Public access to water bodies, rivers and streams.

The conservation of energy and energy efficiency.

(8)

Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this ordinance, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

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

Minimizing adverse impact upon town services and facilities;

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

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

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development;

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

Minimizing any adverse environmental impacts; and

Establishing hours of operation of the use.

The zoning board of review may not extend or enlarge a special use permit except by granting a new special use permit.

(Ch. 1117, § 13, 12-18-2023)

12.6. - Industrial development standards.

The zoning board of review may grant a special use permit for the occupation or use of land or the erection of a structure for industrial use in an I-A or I-B zone, provided the proposed development complies with applicable industrial performance standards, the following development standards, and all other applicable requirements of this ordinance.

For uses of land within the I-A and I-B zones which do not require special use permits, the planning board shall act as a site review commission, and shall set reasonable requirements for site design and construction according to the industrial development standards hereunder. The planning board shall also certify that the proposal meets all applicable industrial performance standards.

Property and buildings to be used for industrial purposes shall be so designed and laid out as to minimize disturbance to adjacent property, and shall incorporate such features as wide, vegetated buffer areas, walls or fences, suitably located points of traffic ingress and egress, and areas for loading and parking.

(1)

Site. An industrial structure or use shall be located only in an I-A zone or I-B zone.

(2)

Reserved.

(3)

Maximum lot coverage. The total coverage by all principal and accessory buildings and structures shall not exceed 26 percent of the total lot area.

(4)

Front, side, and rear yards. The minimum dimension of front, side, and rear yards shall be 41 feet, unless the yard abuts the boundary of a residential, public use, or B-A zone, in which case the minimum dimension of the yard shall be 118 feet.

(5)

Screening and landscaping. Any side or rear yard of an industrial lot which abuts a nonindustrial zone shall be bounded by a solid or opaque fence or wall at least six feet high. Such fence or wall shall be adequate to screen the industrial use from adjacent property. The development of the lot also must comply with the requirements for landscaping and buffer areas prescribed in section 7.8 of this ordinance.

(6)

Minimum lot width. Each industrial lot shall have a minimum width of 150 feet measured along the lot frontage on a town street which has been accepted for maintenance or on a state highway.

(7)

Off-street parking facilities. Off-street parking shall be provided and maintained as follows:

There shall be at least one car space per employee;

No parking shall be permitted within ten feet of any boundary line or within the required minimum front yard;

Off-street parking spaces and servicing drives shall be located within the boundaries of the lot being developed, and shall comply with the provisions of section 7 of this ordinance.

(8)

Illumination. Exterior lighting shall comply with the requirements of section 7.8 and section 7.12 of this ordinance. Landscaping shall be planted so as to minimize ground illumination which might otherwise interfere with any nearby use.

(Ch. 990, § 1, 10-21-2013; Ch. 1117, § 13, 12-18-2023; Ch. 1118, § 13, 12-18-2023)

12.7. - Industrial performance standards.

No land shall be used nor structure erected or occupied for industrial use unless the town planning board has certified that the proposed use complies with the following performance standards.

(1)

Reserved.

(2)

Reserved.

(3)

Performance standards. The following standards for the operation of uses in industrial zones shall apply. Measurements shall be made at the nearest boundary of the industrial zone.

Noise. In an I-A district, industrial noise shall be measured from any property line of the tract on which the industrial operation is located. Industrial noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness.

In I-B districts, industrial noise shall be measured from the nearest industrial district boundary line. Industrial noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness.

At the specified points of measurement, the sound pressure level of noise radiated continuously from a manufacturing facility or activity (other than background noises not under direct control of the manufacturing use, such as vehicular traffic) shall not exceed the values given in tables 1 and 2 in octave bands of frequency, between the night hours of 11:00 p.m. and 7:00 a.m.

The instruments used for these measurements shall conform to the specifications published by the American Standards Association, Inc., New York, N.Y. The sound pressure level shall be measured with a sound level meter (American Standard Specification for Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1961) and an octave band analyzer (American Standard Specification for an Octave Filter Set) as indicated in table 1.

Table 1

Maximum Permissible Sound-Pressure Levels

Pre-1960 Octave Bands ¹		Preferred Frequency Octave Bands ²
Octave Band Frequency (Cycles per second)	Decibels	Octave Band Center Frequency (Center per second)	Decibels
0—75	72	31.5	76
75—150	67	63	71
150—300	59	125	65
300—600	52	250	57
600—1,200	46	500	50
1,200—2,400	40	1,000	45
2,400—4,800	34	2,000	39
Above 4,800	32	8,000	32

If noise is not smooth and continuous and/or is not radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more of the corrections in table 2 below shall be added to or subtracted from each of the decibel levels previously stated in table 1.

Notes:

1. Pre-1960 octave band. A standardized series of octave bands prescribed by the American Standards Association in S.24.10-1953, octave band filter set for the analysis of noise and other sounds.

2. Preferred frequency octave bands. A standardized series of octave bands prescribed by the American Standards Association in S.1.6-1960, preferred frequencies for acoustical measurements.

Table 2

Type of Operation or Character of Noise	Correction in Decibels
Daytime operation 7:00 a.m. to 11:00 p.m.	plus 5
Noise source operated less than 20 percent of any one-hour period	plus 5*
Noise source operated less than five percent of any one-hour period	plus 10*
Noise source operated less than one percent of any one-hour period	plus 15*
Noise of impulsive character (hammering, etc.)	minus 5
Noise of periodic character (hum, screech, etc.)	minus 5

*Apply one of these corrections only.

Vibration. In I-A districts, vibration shall be measured at any property line.

In I-B districts, vibration shall be measured at the nearest industrial zone boundary line.

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

Smoke. Measurement shall be taken at a distance from the emission source in accordance with the specifications established for the Ringelmann test. The Ringelmann smoke chart published by the U.S. Bureau of Mines or Power's Micro-Ringelmann Chart, McGraw Hill Publishing Company, 1954, shall be used for the measurement of smoke. Gray smoke not darker than no. 1 on said charts may be emitted, except that gray smoke not darker than no. 2 on said charts may be emitted for periods not longer than four minutes in any 30 minutes. These provisions shall apply also to smoke of a different color but of equivalent apparent opacity.

Waste. In I-A and I-B zones, effluent from any plant which is discharged into the ground shall at all times comply with the following standards:

Maximum five-day biochemical oxygen demand — 20 parts per million.

Maximum total solids — 5,000 parts per million.

Maximum phenol — 0.01 parts per million.

No untreated liquid or solid wastes shall be emptied into any stream, river, pond or other body of water. Treated effluent may be discharged only as approved by the building inspection division.

A septic tank, tile field or other disposal place for any waste shall be located at least 100 feet from any wetlands, as those lands are defined in G.L. 1956, §§ 2-1-14, 2-1-20, and 46-23-6(B)(e), or the boundary of a residential or commercial zone. Such disposal places shall be located at least 1,000 feet from any source of drinking water supply.

No effluent shall contain any acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison, or otherwise pollute any wetlands, watercourse, or watershed in any way.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to human health, to animals or vegetation, or to other forms of property, or which can cause excessive soiling. In no event shall any emission be allowed of any liquid particles (other than water) in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. Measurement in I-A and I-B zones shall be taken at the point of emission.

For measurement of particles in gases resulting from combustion, standard corrections shall be applied to correct to a stack temperature of 500 degrees Fahrenheit and to correct the assumption that 50 percent excess air is present at the time of measurement, which must be deducted from the measured volume (zero percent excess volume) before computing the grains per cubic foot to compare with the standard.

Standards for individual gases and pollutants shall be as follows:

Photochemical oxidants. Emission of photochemical oxidants shall not exceed a maximum hourly concentration of 0.04 parts per million, as determined by the alkaline potassium iodide method.

Hydrocarbons. The three-hour average concentration of hydrocarbons (with correction for methane) shall not exceed 0.15 parts per million, as determined by the flame ionization technique.

Carbon monoxide. The eight-hour average concentration of carbon monoxide shall not exceed three parts per million, and the average concentration shall not exceed 20 parts per million in any 90-minute period, as determined by continuous nondispersive infrared analyzers.

Sulfur oxides. The 24-hour average concentration of sulfur oxides shall not exceed 0.03 parts per million, and the maximum hourly concentration shall be 0.10 parts per million, as determined by the modified West-Gaeke method.

Nitrous oxides. The annual average concentration of nitrous oxides shall not exceed 0.026 parts per million, as determined by the modified West-Gaeke method.

If monitoring of the ambient air in the Town of Narragansett shall determine pollution levels lower than those specified by this ordinance, these lower levels shall be maintained. No significant degradation of air quality shall be permitted within the Town of Narragansett.

Gases and fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the building inspection division before being discharged into the atmosphere.

Heat and glare. In I-A zones, any industrial operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line.

In I-B zones, any industrial operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the nearest property line in any residential zone. Exterior lights shall reflect light away from property in any residential district.

Radiation. Manufacturing operations shall cause no dangerous radiation at the property line as specified by the regulations of the United States Atomic Energy commission.

(4)

Enforcement of performance standards. If the zoning enforcement agency determines that a permitted industrial use might be violating any performance standards, it shall send written notice of the probable violation by registered or certified mail to the owner and tenants of the industrial use. The notice shall describe the alleged violation and shall require correction or an answer within a specific time. It shall state that failure to answer or to correct the alleged violation to the satisfaction of the building inspection division within the time limit constitutes admission of violation of this ordinance. The notice shall further state that if the violation continues, the zoning enforcement agency will undertake a technical survey to determine its nature and extent. If a violation is found, those responsible will be charges the costs of the determination, including the costs of hiring qualified experts, and for such penalties as this ordinance provides.

(5)

Reserved.

(Ch. 990, § 2, 10-21-2013; Ch. 1117, § 13, 12-18-2023)

12.8. - Reserved.

Editor's note— Ch. 811, § 2, adopted April 1, 2002, repealed all ordinances or parts of ordinances inconsistent with Ch. 811. Inasmuch as former § 12.8 pertained to development standards for multifamily dwellings and Ch. 811 enacted new provisions on the same subject matter, former § 12.8 has been deleted at the request of the town. Former § 12.8 was derived unamended from Ch. 731, adopted June 20, 1994.

12.9. - Development standards for multifamily dwellings providing housing for the elderly.

The zoning board of review may grant a special use permit for one or more apartment or multifamily dwelling structures and accessory uses providing housing for the elderly, in an R-10 or R-10A zone, provided the proposed development is approved by the Narragansett housing authority and complies with the following development standards, in addition to all other applicable requirements of this ordinance.

(1)

Site. An apartment development providing housing for the elderly shall be located on a lot having a gross area of at least two acres. The lot or tract on which the apartment development is located shall be owned by one person or corporation or group of persons or corporations.

(2)

Accessory uses. Subject to the approval of the zoning board, an apartment development providing housing for the elderly may include indoor and outdoor parking facilities, a clubhouse, and necessary public and semipublic uses; but shall not include any other residential uses, office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage uses, industrial uses, home occupations, professional office of resident, or exterior storage of commercial or recreation vehicles or equipment.

(3)

Dimensions. The development standards for multifamily dwellings governing maximum lot coverage, front, side, and rear yard dimensions, height, landscaping and buffer areas, minimum lot width, and distances between buildings shall apply as well to multifamily dwellings providing housing for the elderly.

(4)

Density requirements. An apartment development providing housing for the elderly shall provide the following minimum lot area per dwelling unit:

Two thousand square feet for each one bedroom or efficiency dwelling unit;

Two thousand five hundred square feet for each two bedroom dwelling unit.

The required minimum lot area must be "suitable land for development," and must include at least 500 square feet of usable open space and at least 405 square feet of paved parking area per dwelling unit.

(5)

Occupancy. Regulations promulgated by the federal Department of Housing and Urban Development shall govern the occupancy of dwelling units subsidized by the section 8, Housing Assistance Payments Program established by the Housing and Community Development Act of 1974, title II, section 201A.

(6)

Elevators. Any multifamily structure providing housing for the elderly which has more than one story shall provide electric elevator service to every story.

(7)

Off-street parking facilities. Off-street parking shall be provided and maintained as follows:

Sufficient land shall be reserved to provide at least 1½ parking spaces per dwelling unit. However, only one parking space per dwelling unit need be constructed until the additional spaces become necessary. The zoning board of review, on its own initiative, shall determine when such necessity arises.

No parking shall be permitted within ten feet of any boundary line or within the required minimum front yard;

Off-street parking spaces and servicing drives shall be located with the boundaries of the lot being developed and shall comply with the provisions of section 7 of this ordinance.

(8)

Trash disposal. Each building shall be provided with an enclosed trash container sufficient to accommodate all trash and waste stored on the premises. The container and utility area shall comply with the provisions of section 7.3(5) of this ordinance.

(9)

Utilities. In order to be considered for a special use permit, the lot must be served by public water, sewer, and other utilities. No individual sewage disposal systems shall be permitted.

(10)

Traffic. The development shall not cause traffic service on nearby streets and highways to fall below a "C" level, as defined by the transportation research board.

(11)

Conversions. (Reserved.)

12.10. - Development standards for motorcycle and/or automobile sales lots and open-air or drive-in uses.

The zoning board of review may grant a special use permit for automobile sales lots, and open-air and drive-in uses in a B-B zone, provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

(1)

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

(2)

Accessory uses. Subject to the approval of the zoning board, automobile repair, service, and storage may be permitted as an accessory use to an automobile sales lot provided that:

All automobile parts, wrecked or damaged vehicles, or similar objects shall be stored within an enclosed building;

Except where wholly impracticable, all automobile repair and service work shall be performed within an enclosed building;

No vehicles requiring repair and service shall be stored outdoors for longer than 30 days.

(3)

Front, side, and rear yards. The front, side and rear yards must be at least the minimum applicable dimension specified in the table of dimensional regulations in section 6.4 of this ordinance, unless the lot abuts a residential zone with greater minimum yard dimensions. In that case, the dimension of the yard which abuts the residential zone must be equal to the dimension required in the residential zone.

(4)

Driveways. Driveways shall be at least 24 feet wide and shall have at most two openings on a single street. No driveway shall be less than 50 feet from any corner lot line, ten feet from any side lot line, or 40 feet from another driveway serving the lot.

(5)

Screening and landscaping. The side and rear yards of all automobile sales lots and drive-in uses shall be bounded by a solid or opaque fence or wall at least four and not more than six feet high. Such fence or wall shall be adequate to screen the uses from adjacent property. The development also must comply with the requirements for landscaping and buffer areas prescribed in section 7 of this ordinance.

(6)

Illumination. Lighting fixtures used to illuminate automobile sales lots and drive-in uses shall be no higher than 14 feet above the ground, and shall reflect the light so that it is not visible outside the lot boundaries. Lighting for sales lots shall be restricted to the front one-third of the lot. At the close of business, all lighting shall be limited to that necessary for security.

(Ch. 1117, § 13, 12-18-2023)

Cross reference— Businesses, ch. 14.

12.11. - Development standards for gasoline service stations.

The zoning board of review may grant a special use permit for gasoline service stations in a B-B zone, provided the station complies with the following development standards, in addition to all other applicable requirements of this ordinance. No gasoline service station shall be expanded or constructed within 200 feet of the boundary line of any residential zone or of any school, church, park, playground, hospital, public library, institution for dependents or children, or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the zone in which either use is located. The 200 feet shall be measured along the street line on that side of the street on which the gasoline service station has its main frontage.

(1)

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

(2)

Accessory uses. Subject to the approval of the zoning board, automobile repair, service, and storage may be permitted as accessory uses to gasoline service stations provided that:

Automobile parts, wrecked or damaged vehicles, or similar objects shall be stored within an enclosed building;

Except where wholly impracticable, all automobile repair and service work shall be performed within an enclosed building;

No vehicles requiring repair and service shall be stored outdoors for longer than 30 days.

There shall be no residence or sleeping quarters maintained in any gasoline service station.

(3)

Yards and setbacks. Side and rear yards must be at least the minimum applicable dimension specified in the table of dimensional regulations in section 6.4 of this ordinance. Gasoline pump islands shall be set back at least 29 feet from the street line. All other structures, except underground tanks, shall be set back at least 53 feet from the street line.

There shall be no opening in the wall or roof of any garage, gasoline station, or motor vehicle repair shop, except chimney openings and emergency fire doors, within 18 feet of any property line, unless the opening is equipped with wire glass and metal sash and frames.

(4)

All driveways, parking areas, or standing areas, including the service apron, shall be permanently improved with a paved surface. Adequate provision shall be made for the collection and disposal of stormwater. Stormwater runoff shall not be discharged into a public street without the prior approval of the town engineer.

The service apron of an automotive service station shall be separated from the adjoining sidewalk or from the road by permanent concrete curbing.

(5)

Storage of fuels. Gasoline and other fuel storage tanks shall be located underground, and shall be constructed and installed in accordance with specifications issued by the U.S. Environmental Protection Agency. Tanks shall be set back from all buildings and lot lines as follows, except that the zoning board of review may reduce the required setback from a property line where the adjacent property is of such a character or ownership that it will remain undeveloped permanently:

Thirty thousand gallon tanks shall be set back at least 29 feet;

Six thousand gallon tanks shall be set back at least 24 feet;

Three thousand gallon tanks shall be set back at least 12 feet.

(6)

Screening and landscaping. The side and rear yards of gasoline service stations shall be bounded by a solid or opaque fence or wall at least four and not more than six feet high. Such fence or wall shall be adequate to shield the station from adjacent property. The station also must comply with the requirements for landscaping and buffer areas prescribed in section 7 of this ordinance.

(7)

Illumination. Lighting fixtures used to illuminate gasoline service stations shall be no higher than 14 feet aboveground, and shall reflect the light so that it is not visible outside the lot boundaries. At the close of business, all lighting shall be limited to that necessary for security.

(8)

Waste disposal. There shall be no dumping of waste materials, such as oil or grease, except in a closed, underground, noncorrosive receptacle, at a place and of a design approved by the zoning board of review. Containers for debris and trash shall be located and maintained in accordance with the provisions of section 7 of this ordinance.

(Ch. 1118, § 14, 12-18-2023)

Cross reference— Businesses, ch. 14.

12.12. - Development standards for nursing homes, assisted living with nursing facilities, independent and assisted living, group homes, or orphanages.

The zoning board of review may grant a special use permit for a nursing or convalescent home, group home, orphanage, or home for the aged or indigent provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

(1)

Site. The facility shall be located on a lot or tract having a gross area of at least two acres in an R-40 zone, and one acre in an R-20, R-10, or R-10A zone. The lot or tract on which the facility is located shall be owned by one person or corporation or group of persons or corporations.

(2)

Maximum lot coverage. The total coverage by all principal and accessory buildings and structures shall not exceed 17 percent of the lot area.

(3)

Front, side, and rear yards. The front, side, and rear yards must be at least the minimum applicable dimension specified in the table of dimensional regulations in section 6.4 of this ordinance, unless the lot abuts a residential lot with greater minimum yard dimensions. In that case, the dimension of the yard which abuts the residential zone must be equal to the dimension required in the residential zone.

(4)

Height. No principal building shall be more than 26 feet high. No accessory building shall be more than 16 feet high.

(5)

Minimum lot width. The lot shall have at least 100 feet of frontage on a town street which has been accepted for maintenance or on a state highway.

(6)

Density. There shall be at least 1,600 square feet of lot area for each resident bed.

(7)

Distance between buildings. The minimum distance between two buildings or two substantially parallel rows of buildings shall be 59 feet. The minimum distance between two abutting ends of buildings in the same general plane or row shall be 29 feet, provided such walls contain no windows in habitable rooms.

(8)

Off-street parking facilities. Minimum off-street parking shall be provided and maintained as follows:

There shall be one car space per employee and one car space per resident bed;

No parking shall be permitted within 12 feet of any boundary line or within the required minimum front yard;

Off-street parking spaces and servicing drives shall be located within the boundaries of the lot and shall comply with the provisions of section 7 of this ordinance.

(9)

Sewage disposal. In order to be considered for a special use permit, the lot must be served by public water, sewer, and other utilities. No individual sewage disposal systems or wells shall be permitted.

(10)

Conversions. The zoning board of review may permit dwellings which exist at the time of adoption of this ordinance to be converted to use as a nursing or convalescent home, group home, orphanage, or home for the aged or indigent, provided they comply with the above requirements.

(Ch. 1117, § 13, 12-18-2023; Ch. 1118, § 15, 12-18-2023)

Cross reference— Businesses, ch. 14.

12.13. - Development standards for motels and tourist courts.

The zoning board of review may grant a special use permit for one or more motel or tourist court structures and accessory uses in an R-10, R-10A, B-A, B-B, or B-C zone provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

(1)

Site. The motel or tourist court shall be located on a lot or tract having a gross area of at least two acres. The lot or tract on which the motel or tourist court is located shall be owned by one person or corporation or group of persons or corporations.

(2)

Accessory uses. In R-10, R-10A, and B-A zones, accessory uses are limited to necessary office, parking, and maintenance areas. In B-B and B-C zones, subject to the approval of the zoning board, accessory uses may include necessary office, parking, and maintenance areas, a lunch room or restaurant, cocktail lounge, gift shop, or marina.

(3)

Maximum lot coverage. The total coverage by all principal and accessory buildings and structures shall not exceed 20 percent of the lot area.

(4)

Front, side, and rear yards. The minimum dimension of front, side, and rear yards shall be at least 40 feet, unless the lot abuts a residential zone with greater minimum yard dimensions. In that case, the dimension of the yard which abuts the residential zone must be equal to the dimension required in the residential zone.

(5)

Height. No principal building shall be more than 26 feet high. No accessory building or structure shall be more than 16 feet high.

(6)

Landscaping and buffer areas. The motel or tourist court development shall comply with all requirements for landscaping and buffer areas prescribed in section 7 of this ordinance.

(7)

Minimum lot width. Each zoning lot shall have a minimum width of 200 feet measured along the lot frontage on a town street which has been accepted for maintenance or on a state highway.

(8)

Density requirements. A motel or tourist court shall be limited to eight units per acre.

(9)

Off-street parking facilities. Off-street parking shall be provided and maintained as follows:

There shall be two car spaces per unit;

No parking shall be permitted within 12 feet of any boundary line or within the required minimum front yard;

Off-street parking spaces and servicing drives shall be located within the boundaries of the lot being developed, and shall comply with the provisions of section 7 of this ordinance.

(10)

Trash disposal. Each motel or tourist court shall be provided with an enclosed trash container sufficient to accommodate all trash and waste stored on the premises. The container and utility area shall comply with the requirements of section 7.3(5) of this ordinance.

(11)

Sewage disposal. In order to be considered for a special exception, the lot must be served by public water, sewer, and other utilities. No individual sewage disposal systems or wells shall be permitted.

(12)

Illumination. Outdoor lighting shall comply with the requirements of section 7 of this ordinance. Landscaping shall be planted so as to minimize ground illumination which might otherwise interfere with any nearby residential uses.

(Ch. 1118, § 16, 12-18-2023)

Cross reference— Businesses, ch. 14.

12.14. - Development standards for nursery schools and private schools.

(1)

Standards for special use permits for Use Code 756: Day nursery, nursery school, kindergarten or other agency giving day care to children

State license required.

There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces.

The parking plan shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

There shall be a landscaped buffer along any lot line, excluding driveways, which shall include evergreen vegetation.

All landscape plans shall be approved by the planning board.

(Ch. 1117, § 13, 12-18-2023)

12.19. - Standards for ferry services.

In addition to the standards contained in subsection 12.5, the zoning board of review may grant a special use permit for a ferry service in the Galilee fishing zone (G-Fi) in the Port of Galilee special district only after the applicant has demonstrated that the proposal meets the following standards:

(1)

Compatibility of proposed ferry service with adjoining waterfront uses.

(2)

No displacement of a commercial fishing use.

(3)

Completion of a parking needs analysis and provision of sufficient parking.

(4)

Positive land-side impacts (improvements to adjacent land area).

(5)

Economic benefit to the Port of Galilee and the Town of Narragansett.

(6)

Lack of available alternative locations for ferry service.

(Ch. 828, § 1(12.19), 2-3-2003)

12.20. - Standards for seafood distribution facilities and seafood processing plants.

In addition to the standards contained in subsection 12.5, the zoning board of review may grant a special use permit for a seafood distribution facility and/or a seafood processing plant in the Galilee business zone (G-B) in the Port of Galilee special district only after the applicant has demonstrated that the proposal meets the following standards:

(1)

Compatibility of proposed seafood distribution or processing facility with adjoining commercial uses.

(2)

No significant odors, noise, vibration or lighting extending beyond the edges of the lot.

(3)

Provision of sufficient parking for commercial vehicles.

(4)

That the landscape plan, together with building design and materials significantly reduce the visual impact of the facility when viewed from the road, water and neighboring properties.

(5)

That the proposed use shall comply with the town's wastewater ordinances and regulations and that all discharges from the facility shall comply with all federal, state and town discharge limits.

(Ch. 828, § 1(12.20), 2-3-2003)

12.21. - Development standards for boarding school.

The zoning board of review may grant a special use permit for the provision of a secondary level boarding school to be located in the R-80 zone, subject to the following minimum standards:

(1)

Site. The development shall be located on a zoning lot or contiguous lots totaling a minimum of 16 gross acres of land in an R-80 zone. The site shall have frontage on a state arterial roadway and shall be serviced by or have access to service by municipal or public water. A landscaping buffer shall be provided in accordance with subsection (6) below.

(2)

Building placement and design.

Any new building shall be placed outside of the underlying zoning district setbacks. Existing buildings on a site being developed as a boarding school shall not be disqualified from use and/or rehabilitation if they fall within current underlying zoning district setbacks.

If a new building(s) are proposed on a developed site, the building height, (up to a maximum of 50 feet), and the roof design and pitch, the proportions of and relationships between doors and windows, and the relationship of the width to the front facade height (massing), shall be compatible with the style of similar existing buildings within the boarding school complex.

Any new or renovated building shall have the same materials, or those which are architecturally harmonious, used for all walls and other exterior building components of other existing building(s) in the complex.

Additions or alterations to an existing building should be complementary in scale to the original structure, and architectural details, including materials, colors and textures, shall be treated so as to be compatible with the original architectural style of the building, providing such details preserve and enhance the character of the surrounding area. Review of additions or alterations to structures that fall within the local historic district (as provided herein) shall be performed by the historic district commission, subsequent to any reviews required by the planning board and zoning board.

Mechanical equipment and utility hardware on roofs shall be screened from public view with materials harmonious to the building. Utility structures that cannot be placed on the roof shall be located so they are not visible from the street or public open space, and shall be screened with landscaping or materials that are compatible with the building.

When used, the design and size of exterior lighting and/or window lighting shall be compatible with the building and the adjacent areas, and be adequate for safe residential use. Review of lighting features by the planning board shall include color, lumens, location, design and impact on adjacent properties. Review of lighting fixtures added to qualifying structures with the historic district shall be performed by the historic district commission.

(3)

Signage. The following standards for signs in the underlying district shall supersede those regulations contained in section 7.18. All new proposed signage for a boarding school shall be subject to review by the planning board as part of the design and site plan review process, or by the historic district commission if the sign is to be added to a qualifying historic structure.

Permits required. A permit shall be required for all signs not specifically exempted in section 7.18(e). Application for a permit shall be made on forms as required by the building inspection division, and shall be accompanied by a scale drawing indicating the following:

The size of the proposed sign, general configuration of lettering and/or symbols, and such descriptive material as may be necessary to fully explain the intent of the application;

The location of the proposed sign in relation to the building and all property lines;

Dimensions of the structure on which the proposed sign is to be located.

If the sign for a boarding school is located in residential zones other than those exempted in section 7.18(e)(4), shall require a building permit, and are limited in size and type as below.

ii.

A permanent sign at major entrances to the boarding school will be permitted, provided that such signs shall bear no commercial advertising and shall not exceed 20 square feet of area and shall be subject specifically to the limitations set forth in section 7.6(c), "sight distance on corner lots."

iii.

Internally illuminated and/or electric signs shall not be permitted in residential districts however signs may be externally illuminated by illumination not to exceed 150 watts per face. (Per section 7.18(i)(1)(c))

(4)

Site design.

The layout and design of all means of vehicular and pedestrian circulation, including interior drives, parking areas and walkways, shall provide for safe interior circulation and separation of pedestrian, vehicular and service traffic.

The number of site entrances shall be the minimum necessary for effective traffic control.

(5)

Parking. As part of the site plan review of any new or expanded boarding school project development, the applicant shall present a parking plan to the planning board that addresses existing parking, projected demand and a means of addressing this demand. Approval by the planning board of a parking plan for development shall require the following automobile parking spaces:

Boarding school. One car space for each teacher and/or employee plus one car space for every four students/residents.

No parking areas shall be located within the front yard setback.

Regarding future development of property on assessor's plat F, lot 16, no new parking shall be allowed in the front yard setback facing Hazard Avenue as it currently exists after January 1, 2012.

Parking lots that front on public streets shall be screened by landscaping or with walls or fencing a minimum of three feet in height. Walls and fences shall be of a scale and material appropriate to the site and surrounding area.

The interior of all newly proposed paved parking areas shall be enhanced with planted islands, with a minimum of one island for each 50 parking spaces. The planted islands shall be placed so as to prevent long rows of uninterrupted parking spaces and be designed to assist in treatment of storm water runoff. All islands shall be surrounded by continuous raised curbing.

(6)

Landscaping. Landscape treatment shall be provided to enhance architectural features and improve aesthetics.

Plantings along the perimeter of newly proposed parking areas and new streets should include either evergreen species, or street trees of at least 3.5-inch caliper planted at intervals of 35 feet. Planted islands may include shrubs, plants and other live vegetation, but should include one tree of at least three-inch caliper.

Only nursery grown plant materials shall be accepted, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. The owner shall be responsible for maintaining the landscaping and for replacing all dead or diseased plant materials on at least an annual basis. Failure to adequately maintain required plantings may result in such work being performed by the town at the owner's expense.

Screening of refuse areas, service and storage yards and exterior work areas shall be accomplished by use of walls, fencing, plantings or a combination of these.

(7)

Wastewater management. The engineering department shall review all connections to town sewer system to ensure they are properly designed with adequate capacity for the number of boarding school rooms, employees and associated activities, including food services. Sites serviced by onsite wastewater systems shall be required to demonstrate compliance with RIDEM requirements via permit.

(8)

Boarding school capacity/number of permitted rooms. All proposed boarding schools shall be allowed at the following density: 16 residents (boarding rooms) per gross acre, limited to 100 students/residents per boarding school complex and housing to serve up to 30 residential staff members.

(9)

User fee. The zoning board of review, as part of the granting of a special use permit, may require the applicant to enter into an agreement with the town to pay, on an annual basis, a user fee. The user fee shall be used to help defray the impact of the proposed project on municipal services.

(Ch. 954, § 3, 1-17-2012)

12.22. - Development standards for churches.

The zoning board of review may grant a special use permit for the provision of a church to be located in the BB zone, subject to the following minimum standards:

(1)

Site. The development shall be located on a zoning lot or contiguous lots containing a minimum of 30,000 square feet of land in a BB zoning district. The site shall be serviced by or have access to service by municipal or public water.

(2)

Building placement and design.

Any new building shall be placed outside of the underlying zoning district setbacks. Existing buildings on a site being developed as a church shall not be disqualified from use and/or rehabilitation if they fall within current underlying zoning district setbacks.

The maximum building height shall be 35 feet excepting church spires.

Mechanical equipment and utility hardware on roofs, except for solar panels, shall be screened from public view with materials harmonious to the building. Utility structures that cannot be placed on the roof shall be located so they are not visible from the street or public open space, and shall be screened with landscaping or materials that are compatible with the building.

(3)

Accessory uses. Subject to the approval of the Zoning Board, accessory uses may include, but are not limited to offices, conference rooms, parking, maintenance areas, meeting halls, classrooms, kitchen, dining area, gift shops, and indoor and outdoor recreation space.

(4)

Signage. All new proposed signage for a church shall be subject to review by the planning board as a part of the design and site plan review process, or by the historic district commission if design is to be added to a qualified historic structure. The proposed signage shall comply with the regulations contained in section 7.18 for the BB zoning district.

(5)

Site design.

The number of site entrances shall be the minimum necessary for effective traffic control.

(6)

Parking. As part of the site plan review of any new or expanded church, the applicant shall present a parking plan to the planning board that addresses existing parking, projected demand and a means of addressing this demand. Approval by the planning board of a parking plan for development shall require one parking space for every 250 square feet of floor area of the church.

(7)

Landscaping. Landscape treatment shall be provided to enhance architectural features and improve aesthetics.

Screening of refuse areas, service and storage yards and exterior work areas shall be accomplished by use of walls, fencing, plantings or a combination of these.

The planning board may waive these landscape requirements for the conversion of existing buildings on properties that can show that they are unable to meet the landscaping requirements due to the existing site constraints of the property.

(8)

Wastewater management. The engineering department shall review all connections to town sewer system to ensure they are properly designed with adequate capacity. Sites serviced by onsite wastewater systems shall be required to demonstrate compliance with RIDEM requirements via permit.

(9)

Trash disposal. Each church shall be provided with an enclosed trash container, sufficient to accommodate all trash and waste stored on the premises. The container and utility areas shall comply with the requirements of section 7.3(5) of this ordinance.

(10)

Illumination. Outdoor lighting shall comply with the requirements of section (7) of this ordinance. Landscaping shall be planted so as to minimize ground illumination which otherwise might otherwise interfere with any residential uses.

(11)

Traffic analysis. Each application for special use permit to locate a church in the BB Zone shall be accompanied by a full traffic generation and impact analysis, addressing the annual average daily traffic, seasonal variations and impact at the peak hour. The planning board may waive this requirement on a case by case basis if deemed by majority vote to be of little measurable impact.

(Ch. 1060, § 2, 2-19-2019)

12.23. - Development standards for homes exceeding four bedrooms.

The zoning board of review may grant a special use permit for single-family homes exceeding four bedrooms in the R-10, R-10A and R-20 zones and on legal non-conforming lots of less than 20,000 square feet in the R-40 and R-80 zones provided the work complies with all of the following standards in addition to all other applicable requirements of this ordinance:

(1)

Site: The site shall conform with the underlying zoning designation or be determined by the zoning enforcement officer to be a legal non-conforming buildable lot.

(2)

Permitted uses: That the project meets the definition of single-family home and does not require any additional special use permits or dimensional variances from the zoning ordinance. Where deemed appropriate by the zoning board of review, a property may receive both dimensional variances and special use permits without the necessity of meeting the use variance criteria.

(3)

Parking: That the project demonstrates adequate parking onsite that meets all applicable provisions of the zoning ordinance. In addition to the parking requirement of section 7.9, there shall be no parking improvements allowed within two feet of any lot line, (except for driveway openings), or within the rear-yard setback area. These areas shall remain as softscape as described in section 7.6.

(4)

Design: The site plan shall comply with the FAR requirements of section 6.4(b). One of the following additional development standards shall be incorporated into the design of structures on lots of less than 5,000 square feet net lot area:

For two-story homes: The second story shall not exceed 40 percent of the gross floor area allowed for the entire structure.

For structures with three stories: The third floor shall not exceed two-thirds the floor area of the second floor which may be the same area as the first floor, and the entire structure shall not exceed the allowable gross floor area.

(5)

Landscaping and buffering: The site plan shall address hardscape/softscape regulatory limits and provide square footage calculations of how the proposal meets the standards of section 6.4(b).

(Ch. 1087, § 6, 6-21-2021)

12.24 - Development standards for residential special use permits.

The zoning board of review or where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the residential use category of the Table of Use regulations unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

For all residential special use permits the following standards apply:

Parking. On site parking must be provided as prescribed in sections 7.9, 7.10, and 7.11 of this ordinance unless otherwise specified.

Landscaping, buffer areas and illumination. The development must comply with all requirements for landscaping, buffer areas and illumination prescribed in section 7.8 of this ordinance.

Trash disposal. The building(s) shall be provided with an enclosed trash container and separate recycling container sufficient to accommodate all trash and waste stored on the premises. The containers and utility area shall comply with provisions of section 7.3(5) of this ordinance.

Traffic. The development shall not cause traffic service on nearby streets and highways to fall below a C level of service (LOS), as defined by the Transportation Research Board. A traffic study may be required.

Utilities.

In order to be considered for approval, lots located in soils limitation districts A and B must be served by public water, sewer, and other utilities (see section 4.5, high water table limitations overlay district).

In other areas the board may consider individual sewage disposal systems (ISDS) as an option for: single family detached dwellings, two family dwelling(duplex), taking of boarders by resident family, and rectory; provided:

All state agencies with authority over onsite wastewater treatment system (OWTS) have approved such a disposal design for said lot and the number of bedrooms proposed,

ii.

Public water is available.

If public water is not available for a proposed single family detached dwellings, two family dwelling(duplex), taking of boarders by resident family, and rectory, approval is conditioned on a requirement that the building(s) will be adequately serviced by a private potable water supply approved by RIDOH.

(2)

Additional special use permit standards for Use Code 02: Two-family dwelling or duplex

Minimum lot of 100,000 square feet buildable area per duplex in R80 residential zone.

Setbacks, building coverage, height same as single family dwelling in R80.

Minimum 60,000 square feet buildable area per duplex in R-40 residential zone.

Setbacks, building coverage, height same as single family dwelling in R40.

All required land area standards listed above may be waived by the building official (or PB in the instance of a subdivision, DPR or land development) without the necessity of a public hearing if the applicant provides a deed restriction or land lease restricting at least one of the dwelling units per lot to affordable housing for a period of 30 years minimum.

The affordable unit(s) must be the primary residence of the tenant (or owner if condominium) and shall meet all necessary documentation requirements of a duly authorized monitoring agent.

Land area exemption—An affordable duplex land area may be reduced from the standards noted above but must meet the regulatory minimum of section 6.4 for an SFD in that zone, or provide a net land area of at least 1.5 times the average of same-zoned developed lots within 200 feet of the property boundary, if said average is less than the regulated minimum.

(3)

Additional special use permit standards for Use Code 061: Taking of boarders by a resident family (5—12 roomers or boarders)

License required

Onsite parking must be provided with one additional space per each boarder over four beyond what is required for single-family dwellings.

The dwelling must be owner occupied with the owners living on site.

(4)

Additional special use permit standards for Use Code 0631: Dormitory

Dormitories are only allowed as an accessory use to a primary institutional use in the IA & IB industrial zones.

Public water required.

Sewer required.

Development standards of section 12.6 and 12.7 apply.

(5)

Additional special use permit standards for Use Code 0632: Rectories, convents, monasteries

Site: Minimum one acre for convents and monasteries.

Density requirements. Minimum lot size. The lot shall consist of not less than 5,000 square feet of land per bedroom.

Number of occupants. Occupancy shall be limited to not more than one person per bedroom.

Maximum lot coverage. The total coverage by all principal and accessory buildings and structures shall not exceed 20 percent of the total lot area.

Height. In a development, no principal building shall be more than 30 feet high, and no accessory building or other structures shall be more than 16 feet high.

Minimum lot width. Each zoning lot shall have a minimum width of 200 feet measured along the lot frontage on a town street, which has been accepted for maintenance, or on a state highway.

Utilities. The structure shall be serviced by public water and sewer.

Parking. Onsite parking must be provided with one space per bedroom, subject to all other requirements of section 7 of this ordinance.

Signs must meet the standards of section 7.18(i)(5) of this ordinance.

(6)

Additional special use permit standards for Use Code 07: Hotel. The zoning board of review may grant a special use permit for one or more hotel structures and accessory uses in an R-10A, BA, BB, or BC zone provided the proposed development complies with the following development standards, in addition to all other applicable requirements of this ordinance.

Minimum lot size. The lot shall consist of not less than 50,000 square feet of land for the first 20 rooms, and 500 square feet of land for each additional unit. The lot or tract on which the motel or tourist court is located shall be owned by one person or corporation or group of persons or corporations.

Accessory uses. Subject to the approval of the planning and zoning boards, accessory uses may include, not limited to, necessary office, parking, and maintenance areas, a lunch room or restaurant, cocktail lounge, gift shop, pool or marina. Parking standards may be adjusted based on needs generated by accessory uses.

Height. No principal building shall be more than 35 feet high. No accessory building or structure shall be more than 16 feet high.

Minimum lot width. Each zoning lot shall have a minimum width of 200 feet measured along the lot frontage on a town street which has been accepted for maintenance or on a state highway.

Utilities. In order to be considered for a special exception, the lot must be served by public water, sewer, and other utilities. No individual sewage disposal systems or wells shall be permitted.

(Ch. 1117, § 13, 12-18-2023; Ch. 1124, § 3, 5-20-2024)

12.25. - Development standards for agriculture, extractive and industrial manufacturing uses.

The zoning board of review, or where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the agricultural, extractive, and industrial manufacturing use category of the Table of Use regulations unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

See sections 12.6 and 12.7 of this ordinance for special use permit development standards in industrial zones.

(1)

Standards for special use permits for Use Code 10: Crop and livestock farm.

Site. There is no minimum size for a crop farm. The minimum size for livestock farm is five acres of developable land except for poultry where the minimum size is 10,000 sq. feet of developable land.

All animals must be contained on the property. Buildings for housing livestock shall be at least 40 feet from any property line.

For livestock farms, applicants must have an approved USDA Natural Resource Conservation Service (NRCS) plan for the number of animals that will be on the property. The minimum setback for animal fencing to contain livestock must be 20 feet from abutting properties.

Poultry farms may not have a rooster in R10 and R10A zones.

All farms must have an approved erosion and stormwater management plan to prevent soil, dust and any manure from leaving the property.

Retail sales are not permitted on farms in R10 and R10A zones with the exception of a small farmstand for selling produce grown on the property in compliance with RIDEM regulations. On-site sales of produce are only permitted if there are adequate parking facilities on the lot for at least 2 customer vehicles.

Farmstand. A farmstand is a rustic, freestanding accessory structure or from a vehicle used only for the seasonal sale of farm products as permitted by this ordinance. Farmstands may be structures or may be wagons or trailers and is used only for the sale of seasonable farm products, the major portion of which are grown or produced on the premises.

Farmstand structures, other than motor vehicles, shall not exceed 200 square feet in total floor area and 15 feet in height. There shall be no space available to patrons inside the farmstand. Farmstands may provide self-service customer access to goods for sale within the farmstand structure subject to compliance with applicable life safety codes. Yard setbacks shall be regulated by the appropriate dimensional regulations for accessory structures as provided in section 6.

Off-street parking and loading. Off-street parking for farmstands shall be a minimum of two onsite parking spaces. All such parking areas shall be set back at least ten feet from the paved portion of the street and shall be physically restricted or channeled on the lot to define a readily recognizable driveway between the highway and the parking area, and to prevent parking directly along highway shoulders. Parking areas for farmstands do not need to be paved.

Signage. Signs must comply with section 7.18 of this ordinance.

No field crop farm, livestock farm shall conduct activities that would cause deleterious effects upon neighboring property, including, but not limited to, the following:

Pollution of any waterways or water bodies;

Contamination of neighboring property from any insecticides, fertilizers or similar chemical agents.

In addition, the processing of agricultural products shall be limited to those activities normally accessory to and necessary for an agricultural activity conducted on the premises.

Storage of farm vehicles and equipment. The storage of farm vehicles and equipment is permitted as an accessory use to a permitted agricultural activity. The outdoor storage of farm vehicles such as tractors, etc., and farm equipment, animal feed, hay or manure when located on a lot in R10, R10A shall be screened by a fence or landscape plantings.

(2)

Special use standards for Use Code 1122: Veterinarian and animal hospital. A veterinarian or animal hospital may be allowed by special use permit in those zones specified in section 6, subject to the following conditions:

The lot or parcel on which the veterinary hospital is to be located consists of at least 50,000 square feet.

Utilities. The facility must be served by public sewer and water.

The veterinary hospital may include one accessory single-family residence, with no more than two bedrooms containing no more than 1,500 square feet of living area for the caretaker/employee family of the hospital only. The accessory residence shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a veterinary hospital.

Landscaping, buffering, and illumination. The site shall otherwise comply with landscaping, buffering and illumination requirements of section 7.8 of this ordinance.

Parking. Off street parking must be provided and shall comply with the standards in section 7 of this ordinance.

Signage. Signs must comply with section 7.18 of this ordinance.

In reviewing a veterinary use the zoning board shall consider the mitigation of impacts relate noise, handling and disposal of animal waste.

The veterinary hospital use shall meet all the requirements of development plan review.

Odors. No significant odors extend beyond the edges of the lot.

(3)

Special use standards for Use Code 1129: Animal husbandry service or other raising or breeding of animals.

The lot or parcel on which the animal husbandry service is to be located consists of at least five acres.

Landscaping, buffering, and illumination. The site shall otherwise comply with landscaping, buffering and illumination requirements of section 7.8 of this ordinance.

Odors. No significant odors extend beyond the edges of the lot.

(4)

Special use standards for Use Code 1961: Boat storage.

Site. A boat storage area must have a minimum lot size of 40,000 sq. ft. of developable land.

The lot or parcel on which the use is to be located shall be serviced by the municipal sewer system.

The storage area shall be completely enclosed along all lot lines by a solid fence or wall a minimum of eight feet and a maximum of 12 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 five feet. Within that setback, one shrub a minimum of five feet in height shall be planted linearly every eight feet on-center along such fence or wall.

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.

No boat that exceeds 30 feet in length or 25 feet in height (including support stands) shall be serviced or stored on the lot or parcel.

The storage area should be located in the rear of the lot. Any structures shall be located in front of the storage area to obscure the view of the storage from street(s), in compliance with the front yard of the underlying zoning district.

No service bays within any structure shall face a residential zoning district.

The site shall otherwise comply with landscaping, buffering and illumination requirements in section 7.8 of this ordinance and parking requirements of section 7.9, 7.10 and 7.11 of this ordinance.

The use shall meet all of the requirements of development plan review, section 17.3.

(Ch. 1117, § 13 12-18-2023)

12.26. - Development standards for transportation, communication and utility uses.

(1)

Development standards for Use Code 4462: Commercial dock or pier.

Hours of operation are compatible with the uses of the adjoining properties.

Compatibility of the commercial dock or pier with uses of the adjoining properties.

Completion of a parking needs analysis and provision of sufficient parking.

Economic benefit to the Town of Narragansett.

Signage. Signs must comply with section 7.18 of this ordinance.

Illumination must comply with section 7 of this ordinance.

(2)

Development standards for Use Code 4813: Radio or TV station.

Site. Minimum of 20,000 sq. ft. of buildable land.

Signage. Signs must comply with section 7.18 of this ordinance.

Illumination, landscaping must comply with Section 7 of this ordinance.

If a transmission tower is involved in the station onsite, the facility must also meet the development standards for transmitters and towers required in section 12.26.3 of this ordinance.

(3)

Development standards for Use Code 4819: Transmitters and towers

Application requirements. All applications for permits to construct, install or erect transmitters, and towers including cellular communications towers or equipment shelters, or to install, mount or erect cellular communications antenna arrays on existing buildings or on other alternate antenna support structures, shall include the following information:

The applicant shall supply a definition of the area of service and indicate the current coverage capacity.

The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity.

The applicant shall provided a map or maps, covering the entire town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.

Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.

The applicant shall indicate how the site will be designed to co-locate future carriers, and how many of such carriers can be technically accommodated. The application shall contain a statement that if the site will physically support co-location, any co-location applicant willing to sign a commercially reasonable lease, shall be allowed to co-locate.

A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular communications tower, cellular communications antenna array, equipment shelter and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennae to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or connective devices that enter or exist on or along any public street or right-of-way.

Proof of ownership of the land upon which a cellular communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement;

The zoning board of review shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of a transmission tower or cellular communications tower:

Applicant has made reasonable efforts to utilize existing structures for a cellular communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.

Applicant has made reasonable efforts to avoid the necessity of erecting a new tower, including, but not limited to, the construction of a permitted structure on which a cellular communications antenna array could be placed.

Applicant's proposed tower comports with the height restrictions and/or requirements provided for herein.

Applicant's proposed tower comports with the use requirements and/or restrictions provided for herein, as well as the uses of the neighboring properties.

Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.

Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.

Development standards are as follows:

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 an Historic Overlay District, the setback distance from such district shall be one and one-half foot for each one foot of tower height.

All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.

Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.

For the erection of a cellular communications tower, the proposed facility shall preserve or enhance the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the state building code as amended from time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with RIGL 23.27.3, entitled state building codes. Towers must be structurally inspected by a registered engineer every ten years and a certificate of such inspection shall be filed with the building official. Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.

For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the pre-existing character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Where wireless telecommunications are installed on buildings, a parapet shall be installed to minimize the adverse visual impact of the tower and/or antenna. Further, the height of a cellular communications antenna array shall not exceed the height of existing structure by more than 12 feet if omni-directional or whip type antennae are used, and by not more than six feet if directional or panel type antennae are used.

No cellular communications tower or cellular communications antenna array shall be permitted within the Historic Overlay District as provided in section 5 of this ordinance.

Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the reviewing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any tower.

10.

All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations.

11.

Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the director of planning. Screening shall not be less than five feet in width, nor less than eight feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

All communication towers, structures and facilities which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the building official. The applicant shall post a bond or cash security with the finance director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

(4)

Development standards for Use Code 482: Power generation station. The following standards are applicable to all power generation developments

Site. Minimum area of 20,000 sq. ft. of buildable area.

Utilities. Must be located on public water or have a dependable water supply sufficient to meet the generation and cooling needs of the station. Must have adequate access to the electric grid without the need to develop extensive (more than 0.1 mile of) high-power transmission lines to connect the plant to the existing power grid or an existing power line corridor.

Noise. No significant odors (air emissions), noise, vibrations or lighting extending beyond the edges of the lot when the facility is operating.

Landscaping, screening, buffering and lighting per section 7 of this ordinance.

Provisions for storing fuel necessary for the generation station for a minimum of three months operation on site in safe and secure facility that will not pollute surface or groundwaters and is not vulnerable to damage from 100 year flooding or class 3 hurricane.

Use is compatible with surrounding properties and will not detract from neighboring property uses.

Minimum setbacks of 50 feet from all property boundaries.

Security. Perimeter of the facility must be fenced for security to prevent unauthorized access.

Security measures which are not inconsistent with the requirements prescribed by the Federal Energy Regulatory Commission shall be provided and approved by the chief of police or his/her designee.

All means of shutting down the facility shall be clearly marked. The facility owner or operator shall:

Provide a copy of the facility's emergency action plan to the Narragansett Fire Chief;

ii.

Cooperate with federal, state, and local emergency services in developing emergency response actions; and

iii.

Identify a responsible person for public inquiries throughout the life of the facility.

Signs. No signs are allowed on the security perimeter fencing except for a required sign displaying the installation name, address and emergency contact information no greater than six square feet in surface area, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. Signs must be consistent with section 7.18 of this ordinance.

Application. The application for a power generation station must include:

A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company;

A thorough explanation of any transmission lines access or upgrade required as a result of the project, including, but not limited to, the route starting and end points, potential impacts to street trees, and right-of-way width.

A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including, but not limited to, location, screening, setbacks and noise impacts.

(4.1)

Solar energy—Ground-mounted solar power system. The review of solar energy systems shall be conducted according to the following procedures:

Minor systems (1—39,999 sq. ft.).

All new minor solar energy systems shall be subject to development plan review conducted by the planning board. Minor solar energy systems shall not be considered land development projects when developed on a parcel with another principal use, unless such use is required in and of itself to undergo review as a land development project and the minor solar energy system is submitted concurrently for review.

The development plan review of new minor solar energy systems proposed on parcels directly abutting residential zoning districts shall include a public hearing, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regulations.

Major systems (= or > 40,000 sq. ft.). All new major solar energy systems shall be considered and reviewed as major land development projects pursuant to the subdivision and land development regulations of the Town of Narragansett, as amended. Expansion of the surface area of such a major solar energy system, as well as any change or upgrade of the electrical infrastructure, shall be subject to development plan review and the requirements of this section.

Changes to approved systems. All proposed changes and upgrades to major and minor solar energy systems shall be submitted to the administrative officer of the planning board 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 solar energy system was originally reviewed. Minor changes shall be reviewed and approved by the administrative officer, or referred to the planning board as a major change.

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.

Application requirements for solar energy systems.

When review by the planning board of a minor, or major solar energy system is required, all applications shall include, in addition to the requirements set forth in the town's subdivision and land development regulations, the following:

A project narrative, which shall contain a summary of the proposed facility, a description of the facility's context in relation to neighboring land uses and environmental features, and detail regarding the proposed operational characteristics of the solar energy system, including key features concerning the means and methods planned to minimize or avoid off-premises impacts to adjoining land uses; and

A statement regarding the existing or proposed energy usage of the property, if any, and a comparison of such usage to the proposed energy production of the system.

A landscape plan, which meets the requirements of the town's subdivision and land development regulations and this section, and depicts the locations and types of both existing and proposed vegetation;

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;

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

A soil erosion, runoff and sediment control plan that meets the requirements of the town's soil erosion, runoff and sediment control ordinance, and identifies the extent of proposed limits of clearing and/or disturbance, including the areas cleared and/or disturbed during construction;

A lighting plan for the premises;

Identification of access entry drives and any interior driveways and rights-of-ways, along with their material for construction, right-of-way width, and paved width; and

A grading and drainage plan, indicating any necessary regrading of the site and the provisions for accommodating run-off from the solar energy system, prepared by a certified professional engineer, registered to practice in Rhode Island.

10.

A decommissioning/restoration plan which shall include a description of all activities necessary to remove all system components from the site, including any revegetation or regrading, and an itemized estimate of the cost of decommissioning and removal of the solar energy system;

11.

Documentation that an operations and maintenance plan, detailing the provisions for maintaining the facility in good condition and the security provisions that will be implemented to prevent unauthorized access, has been approved by the director of public services; and

12.

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 police chief, the fire chief of the applicable fire district, and the director of emergency medical services.

13.

Proof of liability insurance in an amount approved by the town (required at final stage);

14.

A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company;

15.

16.

Conditions. Any major land development project approval of a major solar energy system shall be conditioned on, at a minimum:

The establishment and posting of a cash surety or bond which will not expire prior to the life of the solar development, in an amount determined by the planning board deemed sufficient to cover the cost of decommissioning and removal of the solar energy system at the end of its useful life or when abandonment occurs plus inflation, which if cash shall be held in a restricted account until decommissioning has occurred; and

The placement of a lien against the real property on which the solar energy system in located to cover all costs associated with decommissioning of the system that exceed the value of the cash surety or bond. Said lien shall be recorded in the Narragansett Land Evidence Records prior to issuance of any required building or electrical permits required for construction of the system and shall not be removed until decommissioning has occurred.

Provision of an on-site public safety response training with the police chief, and/or their designee(s), the fire chief of the applicable fire district, and/or their designee(s), and the emergency medical services director, and/or their designee(s),within one month of completion of installation of the system;

To ensure the fulfillment of the requirements of this section, the planning board or the zoning board of review shall have the authority to require the following:

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

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.

The zoning board of review, as part of the review and approval of the special use permit, may allow waivers from or modification to the requirements of subsection 12.26(4)(1)(d), when such are deemed necessary due to the unique site characteristics or when such would be in the interest of good planning practice. Applicants for special use permits requesting waivers or modifications to the requirements of subsection 12.26(4)(1)(d) shall discuss their request with the planning board, who shall provide an advisory opinion to the zoning board of review.

General requirements for solar energy systems.

The construction and operation of solar energy systems shall comply with all applicable federal, state, and local requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of, or associated with, a solar energy system shall be constructed in accordance with the Rhode Island State Building Code.

The maximum height of ground-mounted solar energy systems shall be no more than 12 feet above finished grade, except for solar canopy systems, which shall be allowed the maximum accessory building height for the district in which the canopy is located.

Solar energy systems shall be sited and designed to minimize any negative aesthetic impacts on neighboring properties, or on prominent viewsheds.

Applicants shall propose an appropriate buffer that adequately mitigates visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site, and shall be done in consultation with a RI licensed landscape architect. The buffer must be adequate to thoroughly screen the solar energy system year round. In addition, the required vegetated buffer shall be maintained for the life of the solar energy system. Additional landscaping and buffer widths may be required by the planning board where deemed necessary to mitigate negative impacts. Choices include, but are not limited to:

Fifty-foot wooded buffer; or,

ii.

Twenty-foot partial landscape screen; or

iii.

Ten-foot full landscape screen.

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.

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.

All utility connections from the solar energy system shall be placed underground. If utility connections are approved to be above-ground via a request for a waiver, the zoning board of review, for systems requiring a special use permit, or the planning board, for systems allowed by right, shall make findings of fact relative to the necessity for above-ground connections, which shall be incorporated in to the written special use permit, development plan or major land development project approval.

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. Removal of trees within a town right-of-way shall be subject to receipt of a tree permit, which shall be approved at the discretion of the town tree warden. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

Lighting of the solar energy system shall comply with section 7.8 and shall be limited to that required for safety and operational purposes. All site lighting shall be directed downward and incorporate full cut-off fixtures to reduce light pollution and confine the light footprint to the facility site.

10.

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 designed to prevent unauthorized access.

11.

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:

12.

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 and, 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;

Any invasive species found to grow upon the land underneath the system are controlled or eliminated without the use of herbicides so that the soil remains usable for future agricultural purposes;

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 to minimize disturbance of soils during installation; and

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.

All panels, equipment, and structures associated with a major or minor solar energy system shall meet the principal setback requirements prescribed by the zoning district in which they are located, except that major solar energy systems shall be set back from property lines abutting residentially zoned parcels, or parcels containing residential uses, a minimum of 50 feet, and from property lines abutting public and private roads a minimum of 100 feet. Additional setback distances may be required where necessary to mitigate negative impacts. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.

Solar energy systems, including all associated equipment, shall be enclosed by a perimeter fence, which shall be not less than six feet in height and, as feasible, shall incorporate wildlife passage features for small mammals and birds in its design and installation. The perimeter fence shall be secured from unauthorized entry.

The site design for major and minor solar energy systems shall include adequate access and parking, and driveway and access aisle widths shall allow accessibility to the solar energy system premises by the property owner and emergency response personnel and equipment.

A means of shutting down the solar energy system connection to the electric utility's interconnection shall be clearly and sufficiently marked.

The ground cover and subgrade beneath the solar panels and associated equipment shall be designed to provide a stable, structural surface capable of properly supporting the components of the solar energy system. Grass is the preferred treatment versus gravel, crushed stone or the like, however each application shall be assessed during the development review and/or major land development project process to determine the most appropriate ground cover.

Any new proposed access entry drives from public rights-of-way shall require the issuance of Physical Alteration Permits (PAP) from the town or RIDOT depending on whether town or state roadways are being utilized for access purposes.

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, buffers, vegetation management, 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.

A sign shall be posted at the solar energy system, displaying the name of the owner and operator of the facility and providing a 24-hour emergency contact number. Said sign shall be no greater than six square feet in surface area. The solar energy system shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. Any such signage shall comply with article 8, signs.

Abandonment and decommissioning.

Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the zoning enforcement officer and the administrative officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: (1) removal of all solar energy system-related structures, foundations, equipment, security barriers, and transmission lines from the site; (2) disposal of all solid and hazardous waste in accordance with applicable disposal regulations; (3) stabilization and re-vegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a RI landscaped architect to assess whether any re-vegetation of the site is necessary.

Development plan and/or major land development project approval of a principal solar energy system shall contain a condition of approval establishing a cash surety for the decommissioning and removal of the system. The planning board shall require that the financial guarantee be paid prior to issuance of any required building or electrical permits necessary for construction. The amount of the cash surety shall be established at the time of approval, and shall take into account anticipated inflation. The terms of payment and process for release shall be established by the town's subdivision and land development regulations. Release shall not occur until the system is fully removed from the site.

Development plan and/or major land development project approval of a principal solar energy system shall contain a condition of approval requiring a lien to be placed upon the real property on which the solar energy system is located. The planning board shall require that the lien be placed prior to issuance of any required building or electrical permits necessary for construction. Release of the lien shall not occur until the system is fully removed from the site.

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate, or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the town may remove the facility and institute action necessary to enforce the lien for expenses incurred in excess of the cash surety.

(4.2.)

Application for wind energy generating facility.

All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation is not considered a sufficient braking system for over speed protection.

An engineer's certificate shall be completed by a structural engineer, licensed in the State of Rhode Island, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for, the particular model of wind turbine used, and that the specific soils at the site can support the wind turbine.

Wind turbines shall comply with the following design standards:

Wind turbines shall be a non-obtrusive and non-reflective color. The facility owner or operator shall maintain the paint on wind turbines at all times in good repair.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, or the facility owner and operator.

Within the wind energy system, wind turbines shall be of a consistent size, design, and color, of similar height and rotor diameter, and rotate in the same direction.

Wind turbines shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities.

Non-essential appurtenances are prohibited to be affixed to any wind turbine, including, but not limited to, cellular or radio antennae.

A clearly visible warning sign advising persons of the presence of high voltage levels shall be placed at the base of all pad-mounted transformers and substations.

The applicant shall commission and submit at the time of permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert having no less than five years of experience conducting wildlife assessments, indicating possible risks to local wildlife, habitat, and migratory birds. Additionally, the applicant's wildlife expert shall also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat. All wind turbines at time of application shall be located out of bird and bat migration pathways/corridors where wind turbine construction would pose a substantial risk.

Wind turbines shall not be climbable up to a height of at least 12 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

10.

The height of a wind energy system shall be measured from grade to the highest point of a rotor blade when in its uppermost position. Allowable height shall be a function of the setbacks from nearby structures and nearby property lines. Wind turbines shall be set back from all structures on a participating property owner's property a distance of no less than the wind energy system height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the occupied building.

11.

All wind turbines shall be set back from the all property lines a distance of not less than one foot for each one foot of tower height plus the height of the blade at the highest extension. The setback distance is measured from the property line to the nearest point on the outside edge of a tower. Operation and maintenance building(s) and substations shall be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, shall comply with the regulations of the zoning district.

All wind turbines shall be set back from the nearest public right-of-way a distance of one foot for each one foot of tower height plus the height of the blade at the highest extension, as measured from the right-of-way line to the nearest point on the outside edge of a tower.

ii.

There shall be no wind turbine shadow flicker on any window of an existing residential structure located on a parcel owned by an entity other than the parcel owner where the turbine is to be located.

iii.

It is the responsibility of the parcel owner to remove all obsolete or unused systems within six months of cessation of operations. Reusable components are to be recycled whenever feasible. A decommissioning agreement approved by the town solicitor and surety or cash bond to cover the cost of removal shall be required in an amount approved by the planning board and shall be posted prior to the issuance of any building permits. Surety shall not expire prior to the life of the facility.

(4.3.)

Hydro-electric power.

Lighting of small hydroelectric generation facilities shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be shielded from abutting properties.

Noise levels generated by small hydroelectric generation facilities shall be consistent with federal and state law and shall comply with the ambient noise level thresholds prescribed by the Narragansett Ordinance.

Signage. Signs on small hydroelectric generation facilities shall comply with section 7.18 of this ordinance. Signs shall display identification of the owner or operator of the facility and a 24-hour emergency contact telephone number.

Security measures which are not inconsistent with the requirements prescribed by the Federal Energy Regulatory Commission shall be provided and approved by the chief of police or his/her designee.

All means of shutting down the facility shall be clearly marked. The facility owner or operator shall:

Provide a copy of the facility's emergency action plan to the local fire chief;

Cooperate with federal, state, and local emergency services in developing emergency response actions; and

Identify a responsible person for public inquiries throughout the life of the facility.

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the facility or otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.

The facility owner or operator shall maintain the facility in accordance with the requirements of the federal hydroelectric generation license issued by the Federal Energy Regulatory Commission. In addition, maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief, under the applicable fire code(s). The owner or operator shall be responsible for the cost of maintaining the facility and any access road(s), unless accepted as a public way.

The facility proponent shall be required to provide a form of surety, either through escrow account, bond, or otherwise, to cover the cost of decommissioning and removing the facility at the end of the federal hydroelectric license term and for restoring the landscape, in an amount and form determined to be reasonable by the planning board and subject to review by the solicitor. Surety shall not expire prior to the life of the hydro-electric generation facility.

(5)

Development standards for Use Code 4842: Sewage treatment facilities.

Site. Minimum area of 40,000 square feet of buildable area that is safely outside of any floodplain susceptible to a storm with a probability of occurrence of once in 500 years.

No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.

Perimeter of the facility must be fenced for security.

Utilities. Access to utilities necessary for efficient operation of the treatment facility.

Minimum setbacks of 50 feet from all property boundaries.

Must have RIDEM discharge permit for treated effluent.

Storage capacity on site for solid waste generated for a minimal of three months of operations without the risk of polluting surface or ground waters including contingencies for a 100-year rainstorm or hurricane.

Loading facility and shipping plan for removing solid waste generated by the facility.

Contingency plans for operation during and after a 100-year rainstorm, a Class 3 hurricane, and power outage for one week.

Landscaping, screening, buffering and lighting per section 7 of this ordinance.

Use is compatible with surrounding properties and will not detract from neighboring property uses.

(6)

Development standards for Use Code 4891: Utility substation (electric, gas).

Site. Minimum area of 20,000 square feet of buildable area that is safely outside of any floodplain susceptible to a storm with a probability of occurrence of once in 500 years.

No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.

Perimeter of the facility must be fenced for security.

Minimum setbacks of 50 feet from all property boundaries.

Landscaping, screening, buffering and lighting per section 7 of this ordinance.

Use is compatible with surrounding properties and will not detract from neighboring property uses.

Electric Substation must have adequate access to the electric grid without the need to develop extensive (more than 500 feet) high-power transmission lines to connect the substation to the existing power grid or an existing power line corridor.

Gas substation must have access to the natural gas pipelines without the need to develop more than 300 feet of new pipeline.

(Ch. 1117, § 13, 12-18-2023)

12.27. - Development standards for commercial uses.

The zoning board of review, or where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the commercial use category of the Table of Use regulations unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

Standards for special use permits for Use Code 50: Wholesale distributing establishments, principal activity is sale of merchandise for resale.

All applicable setbacks, landscaping and lighting requirements of this ordinance (sections 6 and 7) shall be met

Hours of operation shall be set by the planning board

(2)

Standards for special use permits for Use Code 51: Mixed use commercial (shopping center) see section 17.3.

(3)

Standards for special use permits for Use Code 521: Lumber and other building materials dealers (Reserved).

(4)

Standards for special use permits for Use Code 5461: Bakery and coffee shop with drive-up window

Refer to section 7.20 of the zoning ordinance.

(5)

Standards for special use permits for Use Code 5511: Motorcycle dealers—New and/or used (including repairs only within a building).

Refer to section 12.10 of the zoning ordinance

(6)

Standards for special use permits for Use Code 5813: Tavern, cafe, club, bar or cocktail lounge (alcoholic beverages)

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.

An alcohol control plan shall be submitted to the planning and zoning board that adequately describes the proposed plan and policy to control the location, security and hours of operation for the consumption of alcohol. All employees who will be serving alcohol shall be TIPS certified and, if requested by the police department, the business owner shall produce proof of certification.

(7)

Standards for special use permits for Use Code 5814: Lunchroom or restaurant (alcoholic beverages)

(8)

Standards for special use permits for Use Code 5817: Expansion of legally nonconforming full service restaurant to allow sale of beer and wine only.

(9)

Standards for special use permits for Use Code 5911: Drive-through as an accessory to a drug store

Refer to section 7.20 of the zoning ordinance.

(Ch. 1117, § 13, 12-18-2023)

12.28. - Development standards for personal, business and professional service.

The zoning board of review, or where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the personal, business and professional service use category of the table of Use regulations unless it finds the applicable standards in Sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

Standards for special use permits for Use Code 608: Bank of financial institution.

Refer to section 7.19 of the zoning ordinance.

(2)

Standards for special use permits for Use Code 616: Mortuary or funeral home.

Sewer required.

(3)

Standards for special use permits for Use Code 619: Caterer.

For industrial zones, refer to sections 12.6 and 12.7 of the zoning ordinance.

(4)

Standards for special use permits for Use Code 6321: Commercial off-street parking lot

A parking lot shall be used solely for the temporary parking of motor vehicles and shall not be used as an off-street loading area.

Only structures for the shelter of attendants or for payment kiosks shall be permitted in a parking lot.

There shall be a ten-foot landscaped buffer along any lot line abutting a street, excluding driveways, which shall include evergreen landscaping.

Parking shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet in height. Evergreen trees or shrub(s) a minimum of six feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

All landscape plans shall be approved by the planning board.

Parking shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the surrounding streets and sidewalks.

Impervious surfaces in high water table limitations overlay districts shall not exceed impervious surface allowances in section 4.5.

(5)

Standards for special use permits for Use Code 6322: Commercial off-street parking structure.

On the ground floor façade along public streets where parking spaces are visible, a decorative fence and landscape or a kneewall is required to screen parking spaces. Fence or kneewall shall be a minimum four in height.

For parking structures with rooftop open-air parking, a five-foot parapet wall is required for screening of parked vehicles.

Where parking structures front on public streets, façade design and screening shall mask the interior circulation ramps and create the illusion of horizontality along the street.

All landscape plans shall be approved by the planning board.

(6)

Standards for special use permits for Use Code 633: General automotive repair, temporary vehicle storage and towing

All repair, service, and sales and/or leasing operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.

Vehicle services establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height.

No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.

No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.

There shall be a ten-foot landscaped buffer along any lot line abutting a street, excluding driveways, which shall include evergreen landscaping.

All landscape plans shall be approved by the planning board.

(7)

Standards for special use permits for Use Code 6331: Automotive body shop, temporary vehicle storage and towing

All repair, service, and sales and/or leasing operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.

Vehicle services establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height.

No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.

No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.

There shall be a ten-foot landscaped buffer along any lot line abutting a street, excluding driveways, which shall include evergreen landscaping.

Parking/storage shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet in height. Evergreen trees or shrub(s) a minimum of six feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

All landscape plans shall be approved by the planning board.

(8)

Standards for special use permits for Use Code 634: Vehicle washing shop (no self-service).

Car wash facilities shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet in height. Evergreen trees or shrub(s) a minimum of six feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

When a car wash facility abuts a residential use or zoning district, there shall be a 20 ft. setback from each such lot line abutting a residential use or zoning district.

When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment not to exceed the decibels as appropriate in the noise ordinance. No more than four vacuums shall be allowed onsite.

Trash receptacles shall be placed near all vacuum stations as applicable and at the entrance to the car wash entrance.

(9)

Standards for special use permits for Use Code 6341: Vehicle washing shop (with self-service).

When a car wash facility abuts a residential use or zoning district, there shall be a 20 ft. setback from each such lot line abutting a residential use or zoning district.

Trash receptacles shall be placed near all vacuum stations as applicable and at the entrance to the car wash entrance.

(10)

Standards for special use permits for Use Code 635: Vehicle, trailer and recreational vehicle rental agency.

For industrial zones, refer to sections 12.6 and 12.7 of the zoning ordinance.

(11)

Standards for special use permits for Use Code 64: Repair shop for small appliances.

For industrial zones, refer to sections 12.6 and 12.7 of the zoning ordinance.

(12)

Standards for special use permits for Use Code 652: Theater, concert hall, auditorium or motion picture theatre.

No more than ten percent of the gross floor area may be used as office.

Alcohol service shall require a special use permit from section 6.1 Use Code 5813 of the zoning ordinance.

Sleeping facilities are prohibited.

Where possible, 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).

(13)

Standards for special use permits for Use Code 653: Bowling alleys, billiard and pool parlors

Alcohol service shall require a special use permit from section 6.1 Use Code 5813 of the zoning ordinance.

(14)

Standards for special use permits for Use Code 659: Exercise center, gymnasium, sauna.

Minimum two acre lot area required.

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 ten feet in height. Evergreen trees or shrub(s) a minimum of six feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

(15)

Standards for special use permits for Use Code 67: Offices for medical, health.

All state regulations for medical and health buildings shall apply.

Sewer required.

(16)

Standards for special use permits for Use Code 676: Medical and dental laboratories.

For industrial zones, refer to sections 12.6 and 12.7 of the zoning ordinance.

All state regulations for medical and health buildings shall apply.

Sewer required.

(Ch. 1117, § 13, 12-18-2023)

12.29. - Development standards for governmental or institutional uses.

The zoning board of review, or where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the governmental or institutional category of the Table of Use regulations unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

Standards for special use permits for Use Code 733: Fire or police station.

Refer to sections 12.6 and 12.7 of the zoning ordinance.

(2)

Standards for special use permits for Use Code 74: Kindergarten, elementary or secondary school, junior college, college, or university

The applicant shall provide proof of state licensing as required.

There shall be a landscaped buffer along any lot line, excluding driveways, which shall include evergreen vegetation.

All landscape plans shall be approved by the planning board.

There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces.

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).

(3)

Standards for special use permits for Use Code 7401: Boarding school private/secondary.

See section 12.21 for special use standards.

(4)

Standards for special use permits for Use Code 751: Trade or professional school.

There shall be a landscaped buffer along any lot line, excluding driveways, which shall include evergreen vegetation.

All landscape plans shall be approved by the planning board.

(5)

Standards for special use permits for Use Code 7613: Library or museum (Reserved.)

(6)

Standards for special use permits for Use Code 764: Churches

See section 12.22 for special use standards.

(7)

Standards for special use permits for Use Code 767: Cemetery (Reserved.)

(8)

Standards for special use permits for Use Code 77: Hospitals. Refer to section 17.3.

(9)

Standards for special use permits for Use Code 78: Social club or nonprofit membership organizations

Alcohol service shall require a special use permit from section 6.1 Use Code 5813, 5814 or 5817 of the zoning ordinance, as applicable.

Hours of operation/quiet hours shall be set by the planning board.

(10)

Standards for special use permits for Use Code 79: Emergency counseling service or drop-in center

Hours of operation/quiet hours shall be set by the planning board.

State license required, as applicable.

(Ch. 1117, § 13, 12-18-2023)

12.30. - Development standards for public outdoor and recreation uses.

(1)

Standards for special use permits for Use Code 809: Other outdoor recreation.

No public outdoor or recreation area shall conduct activities which would cause deleterious effects upon neighboring property or nearby water bodies, including, but not limited to, the following:

Pollution of any waterways or water bodies.

Contamination of neighboring property from any insecticides, fertilizers or similar chemical agents.

Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic blends should be used. Follow manufacturers specifications for directions for application rates and timing.

(2)

Standards for special use permits for Use Code 81: Outdoor public water-based recreation.

No public outdoor or recreation area shall conduct activities which would cause deleterious effects upon neighboring property or nearby water bodies, including, but not limited to, the following:

Pollution of any waterways or water bodies.

Contamination of neighboring property from any insecticides, fertilizers or similar chemical agents.

Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic blends should be used. Follow manufacturers specifications for directions for application rates and timing.

(3)

Standards for special use permits for Use Code 834: Riding academies and riding schools (may include accessory indoor rink) (Reserved.)

(4)

Standards for special use permits for Use Code 8371: Archery range (Reserved.)

(5)

Standards for special use permits for Use Code 8394: Drive-in theater.

Minimum of four acres of lot area not occupied with structure is required.

Hours of operation shall be set by the planning board.

There shall be a ten-foot landscaped buffer along any lot line abutting a street, excluding driveways, which shall include evergreen landscaping.

All landscape plans shall be approved by the planning board.

There shall be no alcohol service allowed.

(6)

Standards for special use permits for Use Code 841: Boat liveries (small boat rentals) (Reserved.)

(7)

Standards for special use permits for Use Code 8411: Marinas.

No public outdoor or recreation area shall conduct activities which would cause deleterious effects upon neighboring property or nearby water bodies, including, but not limited to, the following:

Pollution of any waterways or water bodies.

Contamination of neighboring property from any insecticides, fertilizers or similar chemical agents.

Only slow release/organic fertilizers such as bone meal, bloodmeal, compost or organic blends should be used. Follow manufacturers specifications for directions for application rates and timing.

Marinas shall be subject to development plan review and shall be located adjacent to waters classified by the RI CRMC as suitable for use by pleasure and cruise boats. The size of the marina shall be determined by the carrying capacity of the land for support facilities, the required parking, the capacity for dry storage, and the accessibility of adjacent roads. Docks, ramps, moorings and related marine service structures shall conform to all accepted siting and engineering standards and the pertinent provisions of this ordinance.

No marina shall permit houseboats or vessels that are not constructed in accordance with current accepted standard marine specifications and/or are used solely for landside occupation. All vessels shall be seaworthy.

(8)

Standards for special use permits for Use Code 842: Bathing beaches (Reserved.)

(9)

Standards for special use permits for Use Code 844: Swimming pools (outdoor)

All outdoor public pools shall comply with all applicable state regulations.

All pools shall have a qualified lifeguard on duty during hours of operation

Hours of operation shall be set by the planning board.

There shall be a ten-foot landscaped buffer along any lot line abutting a street, excluding driveways, which shall include evergreen landscaping.

All landscape plans shall be approved by the planning board.

(10)

Standards for special use permits for Use Code 851: Swimming pools (indoor) (Reserved.)

(11)

Standards for special use permits for Use Code 852: Arena or recreation hall (Reserved.)

(12)

Standards for special use permits for Use Code 853: Roller or ice skating rink (Reserved.)

(13)

Standards for special use permits for Use Code 854: Beach club or yacht club (Reserved.)

(14)

Standards for special use permits for Use Code 855: Tennis courts or other indoor court games (Reserved.)

(15)

Standards for special use permits for Use Code 873: Campgrounds (nonprofit).

A minimum of two acres of lot area not occupied with structure is required.

Sewer required.

Tent camps shall be allowed to operate from May 15 ^th to September 15 ^th only.

Quiet hours shall be set by the planning board.

(16)

Standards for special use permits for Use Code 880: Manmade water body (Reserved.)

(Ch. 1117, § 13, 12-18-2023)

12.31. - Development standards for accessory uses.

The zoning board of review, or, where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the accessory uses use category of the Table of Use regulations unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

Standards for special use permits for Use Code 95: Uses customary to and associated with the operation of a special exception use

All accessory uses associated with a special use permit, shall comply with the applicable standards for that special use.

(Ch. 1117, § 13, 12-18-2023)

12.32. - Development standards for Port of Galilee Special District.

The zoning board of review, or, where applicable, the planning board for unified development review, shall not grant a special use permit for uses in the Port of Galilee Use category of the Table of Use regulations (section 4.8.2) unless it finds the applicable standards in sections 4, 7 and 12 are met, and, where applicable, the following standards are met:

(1)

Standards for special use permits for Use Code 1: Marine related uses.

All applicable dimensional, building placement and design, signage, site design and landscaping, environmental inventory overlay district requirements and parking requirements of this ordinance (section 4.8.2) shall be met.

Hours of operation shall be set by the planning board.

(2)

Additional standards for special use permits for Use Code 1(a): Fishing and commercial vessel berthing

Must be compatible with and not interfere with ferry service.

Reserved.

(3)

Additional standards for special use permits for Use Code 1(c): Ferry, including related vehicle and freight transport services.

Must meet the standards in subsection 12.19 of this ordinance.

Must be compatible with and not displace commercial fishing nor charter fishing operations.

Reserved.

(4)

Additional standards for special use permits for Use Code 1(e): Seafood loading and distribution.

Must meet standards for subsection 12.20 in this ordinance for seafood distribution and seafood processing.

Reserved.

(5)

Additional standards for special use permits for Use Code 1(f): Seafood processing, packing and packaging.

Must meet standards for subsection 12.20 in this ordinance for seafood distribution and seafood processing.

Reserved

(6)

Additional standards for special use permits for Use Code 1(g): Fabrication, storage and repair for fishing equipment

Reserved

(7)

Additional standards for special use permits for Use Code 1(h): Boat engine storage and repair

Reserved

(8)

Additional standards for special use permits for Use Code 1(i): Outdoor storage of one or more commercial vehicles up to 12,000 pounds of gross weight

Shall not include the temporary parking of trucks or buses waiting to board the ferry; such temporary parking shall not exceed 24 hours.

Reserved.

(9)

Additional standards for special use permits for Use Code 1(l): Marine research, education and laboratory facility, visitor center.

Shall not displace or disrupt commercial fishing, charter fishing or ferry operations.

Reserved.

(10)

Standards for special use permits for Use Code 2: Hotel, retail and service uses.

Reserved.

(11)

Additional standards for special use permits for Use Code 2(a): Hotel.

Reserved.

(12)

Additional standards for special use permits for Use Code 2(d): Mixed residential/commercial use (apartment with shop below).

Reserved

(13)

Additional standards for special use permits for Use Code 2(e): Restaurant, with or without alcoholic beverages.

Must meet standards for section 12.27.7 of this ordinance.

Hours of operation shall be set by the planning board.

Reserved.

(14)

Additional standards for special use permits for Use Code 2(f): Tavern, bar or cocktail lounge.

Must meet standards for section 12.27.7 of this ordinance.

Hours of operation shall be set by the planning board.

Reserved.

(15)

Additional standards for special use permits for Use Code 2(r): Commercial off-street parking lot.

There shall be no expansion of off-street parking lots into the property commonly known as the Galilee Bird Sanctuary.

Must meet standards for section 12.28.5 of this ordinance.

Reserved.

(16)

Additional standards for special use permits for Use Code 2(s): Parking garage or mixed parking garage/commercial structure, not to exceed 40 feet in height.

A mixed parking garage/commercial structure shall consist of both commercial parking and retail and/or service uses in a single structure.

Must meet standards for section 12.28.6 of this ordinance.

Reserved

(17)

Standards for special use permits for Use Code 3(b): Transportation, utility and public uses—Taxi stand

Can not disrupt ferry operations.

Reserved.

(Ch. 1117, § 13, 12-18-2023)

Narragansett City Zoning Code

SECTION 12

- SPECIAL USE PERMITS

12.1.- Special use permits; application.

(Ch. 1117, § 13, 12-18-2023)

12.2. - Review procedure.

(Ch. 1117, § 13, 12-18-2023)

12.3. - Public hearing and notice.

(Ch. 1117, § 13, 12-18-2023)

12.4. - Applicability.

(1)

Any use or structure designated as a special use permit use in section 6 or elsewhere in this ordinance;

(2)

Any use or structure proposed for construction in an overlay district;

(3)

The use of a substandard lot of record, as provided in section 8 of this ordinance.

(Ch. 840, § 4, 8-4-2003; Ch. 1117, § 13, 12-18-2023)

12.5. - Standards to be met.

The zoning board of review may not grant a special use permit unless it finds evidence to the satisfaction of the following standards that is entered into the record of the proceedings:

(1)

That the special use is specifically authorized by this ordinance, and setting forth the exact subsection of this ordinance containing the authorization;

(2)

(3)

That it will not substantially or permanently injure the appropriate use of surrounding property;

(4)

Off-street parking and loading areas where required, with particular attention to noise, glare or odor effects of the special use permit on adjoining lots;

Trash, storage and delivery areas

Utilities, with reference to locations, availability and compatibility;

Screening and buffering with reference to type, dimensions and character;

Signs, if any, and exterior lighting with reference to glare, traffic safety, and compatibility and harmony with lots in the zoning district;

Required yards and other open space;

General compatibility with lots in the same or abutting zoning districts.

(5)

That the granting of the special use permit will substantially serve the public convenience and welfare;

(6)

That the use will not result in or create conditions inimical to the public health, safety, morals, and general welfare;

(7)

In addition to the above, the zoning board of review shall consider:

Access to air, light, views, and solar access.

Public access to water bodies, rivers and streams.

The conservation of energy and energy efficiency.

(8)

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

Minimizing adverse impact upon town services and facilities;

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

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

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development;

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

Minimizing any adverse environmental impacts; and

Establishing hours of operation of the use.

The zoning board of review may not extend or enlarge a special use permit except by granting a new special use permit.

(Ch. 1117, § 13, 12-18-2023)

12.6. - Industrial development standards.

(1)

Site. An industrial structure or use shall be located only in an I-A zone or I-B zone.

(2)

Reserved.

(3)

Maximum lot coverage. The total coverage by all principal and accessory buildings and structures shall not exceed 26 percent of the total lot area.

(4)

(5)

(6)

Minimum lot width. Each industrial lot shall have a minimum width of 150 feet measured along the lot frontage on a town street which has been accepted for maintenance or on a state highway.

(7)

Off-street parking facilities. Off-street parking shall be provided and maintained as follows:

There shall be at least one car space per employee;

No parking shall be permitted within ten feet of any boundary line or within the required minimum front yard;

Off-street parking spaces and servicing drives shall be located within the boundaries of the lot being developed, and shall comply with the provisions of section 7 of this ordinance.

(8)

(Ch. 990, § 1, 10-21-2013; Ch. 1117, § 13, 12-18-2023; Ch. 1118, § 13, 12-18-2023)

12.7. - Industrial performance standards.

No land shall be used nor structure erected or occupied for industrial use unless the town planning board has certified that the proposed use complies with the following performance standards.

(1)

Reserved.

(2)

Reserved.

(3)

Performance standards. The following standards for the operation of uses in industrial zones shall apply. Measurements shall be made at the nearest boundary of the industrial zone.

Table 1

Maximum Permissible Sound-Pressure Levels

Pre-1960 Octave Bands ¹		Preferred Frequency Octave Bands ²
Octave Band Frequency (Cycles per second)	Decibels	Octave Band Center Frequency (Center per second)	Decibels
0—75	72	31.5	76
75—150	67	63	71
150—300	59	125	65
300—600	52	250	57
600—1,200	46	500	50
1,200—2,400	40	1,000	45
2,400—4,800	34	2,000	39
Above 4,800	32	8,000	32

Notes:

1. Pre-1960 octave band. A standardized series of octave bands prescribed by the American Standards Association in S.24.10-1953, octave band filter set for the analysis of noise and other sounds.

2. Preferred frequency octave bands. A standardized series of octave bands prescribed by the American Standards Association in S.1.6-1960, preferred frequencies for acoustical measurements.

Table 2

Type of Operation or Character of Noise	Correction in Decibels
Daytime operation 7:00 a.m. to 11:00 p.m.	plus 5
Noise source operated less than 20 percent of any one-hour period	plus 5*
Noise source operated less than five percent of any one-hour period	plus 10*
Noise source operated less than one percent of any one-hour period	plus 15*
Noise of impulsive character (hammering, etc.)	minus 5
Noise of periodic character (hum, screech, etc.)	minus 5