The very low density rural residential district is established for areas of the community where a very low density of development is expected or anticipated. This district includes areas with environmental resources such as habitat areas, wetlands and aquifer areas; areas where public water is not available or not anticipated; or areas where a transportation network is undeveloped and unlikely to develop based on environmental constraints such as wetland complexes and rivers and streams. The district is intended to protect the rural character of portions of the community and minimize the costs associated with the expansion of infrastructure.

(Ord. No. 98-7, 5-11-1998)

The low density rural residential district is intended to ensure very low density development to protect sensitive environmental areas, such as groundwater reservoir areas, or where public water is not available and is not anticipated and where the area relies on individual septic disposal systems, or where the transportation network is undeveloped.

(Ord. No. 98-7, 5-11-1998)

The rural residential district is intended for low density residential development in sensitive environmental areas of the town, such as groundwater overlay districts, and areas which rely on individual septic disposal systems for sewerage disposal.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998)

(a)

Purpose and intent. The Pojac Point residential district is that geographical area located within the boundaries of the Pojac Point Fire District as established by the general assembly in Public Laws of 1950, ch. 2506, § 1, with the exception of lot 12 on assessor's plat 172. This residential district is established to protect the rural landscape, conserve natural resources and promote low-density growth because of the absence of public roads within the district.

(b)

General provisions. No building permit shall be issued for the construction of any building on any lot located within the Pojac Point residential district until it has been established to the satisfaction of the building inspector that the lot has the frontage required by table 2A of article IV, chapter 21 of the Code measured along that portion of a private road that:

(1)

Was in actual existence on May 29, 1979, and which provided on such date primary means of access to and egress from three or more existing lots then recorded as such; or

(2)

Has been approved by the planning commission in accordance with section 17-112 of the Code.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 03-03, § 1, 2-10-03; Ord. No. 04-12, § 1, 6-7-2004)

The neighborhood residential district is established to promote moderate density residential growth in areas with natural limitations for development or which have town water service but no public sanitary sewers.

(Ord. No. 95-3, § 1, 5-8-1995)

The village residential district is established to protect and promote the convenience and character of compact village settlements, designed to complement the natural features of the land. The village residential district is also intended for areas that have town water service, that are generally located close to major circulation facilities and commercial and/or industrial uses and that have direct access to town services and facilities.

(Ord. No. 95-3, § 1, 5-8-1995)

(a)

Purpose and intent. A multifamily residential district is intended to promote the orderly development of multifamily dwellings in appropriate locations and to promote suitable placement of buildings and related facilities in relation to the site and surrounding areas. It is further intended to require adequate open space, living space and recreation areas; to avoid overcrowding of land; to encourage good design, avoid overburdening town services and facilities; and to ensure compatibility of multifamily dwellings with the immediate neighborhood and with the natural environment.

(b)

General requirements. General requirements for multifamily districts are as follows:

(1)

A multifamily dwelling project shall be located on a single lot and shall be planned, developed and managed as a unit, with required open spaces, recreation areas, off-street parking and accessory uses designed as a part of the entire project.

(2)

All structures, facilities and accessory uses which are part of a multifamily dwelling project shall be for the exclusive use of residents of the project and the residents' guests.

(3)

No building shall be erected in a multifamily district until a site plan has been approved by the planning commission. All multifamily proposals shall be brought before the planning commission in accordance with the procedures established by the subdivision regulations. The site plan shall be approved by the planning commission and recorded in the office of the town clerk prior to the issuance of any building permit.

(4)

For each multifamily dwelling project, the developer shall be required to provide recreational facilities for the use of the residents. These facilities shall be shown on the site plan and are subject to approval by the planning commission.

(5)

Any change in an approved site plan in a multifamily district must be approved by the planning commission and recorded in the office of the town clerk prior to the issuance of a building permit or a certificate of occupancy.

(c)

Permitted uses. Permitted uses are as follows:

(1)

Townhouses.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

Public or private park, conservation or recreation area.

(5)

Municipal facility.

(6)

Accessory uses, which are as follows:

a.

Laundry facilities.

b.

Storage facilities.

c.

Recreation facilities.

d.

Day care center.

e.

Nursery school.

(d)

Minimum requirements. Minimum requirements are as follows:

(1)

The maximum density for multifamily dwellings shall not exceed one dwelling unit for each 15,000 square feet of land area; provided, however, for those properties served by a public sewer system that are connected to and utilize the sewer treatment plant of the Quonset Business Park (QBP), (the Quonset Point Sewer System), the maximum density for multifamily dwellings containing no more than one dwelling unit for each 2,500 square feet of suitable land for development; provided, however, for those properties served by a public sewer system that are connected to and utilize the Quonset Point Sewer System, the maximum density for the multifamily dwelling containing more than one bedroom shall not exceed one dwelling unit for each 15,000 square feet of land area unless a special use permit is obtained from the zoning board of review. For the purpose of determining suitable land for development for the computation of the maximum number of dwelling units for land served by the Quonset Point Sewer System, flood plains and freshwater wetlands shall be excluded, however, any area within 50 feet of the edge of a bog, marsh, swamp or pond shall be included within such calculation notwithstanding anything to the contrary contained herein. In order to preserve and maintain structures of historic significance, however, the allowable density in the conversion of existing nondwelling use structures entered on or considered eligible for the state or national register of historic places, as determined by the state Historic Preservation Commission, may be calculated upon floor area. Density calculated upon floor area shall not exceed one dwelling unit for each 1,250 square feet of floor area, and shall be based only upon nondwelling use structures in place on the first day of January, 1983. No such additional density shall apply to new construction, and all conversion shall conform with the U.S. Secretary of the Interior's standards for historic rehabilitation.

(2)

District dimensions are as follows:

(3)

There shall be a landscaped buffer strip at least ten feet in width along all side and rear lot lines.

(4)

At least ten percent of the total lot area, exclusive of driveways, parking and loading areas, shall be designated as usable open space for the benefit of the residents of the development. The site plan shall include suitable plans for the use of this open space. Water areas, wetland, area with slopes of more than 15 percent, and easement areas may be used to satisfy the usable open space requirement if permitted by the planning commission, but in no case shall more than 25 percent of such areas be counted as satisfying the minimum open spaces requirement.

(5)

Parking areas shall be conveniently located, adequately lighted and landscaped.

(6)

Driveways shall be designated for safe ingress and egress and shall be adequately lighted.

(7)

No multifamily dwelling shall be more than three stories of livable area with additional allowance for the roof structure, which may house mechanical appurtenances.

(e)

Criteria for planning commission approval. Before approving a site plan in a multifamily district, the planning commission shall determine that:

(1)

Sewage and waste disposal will be adequately handled by either a municipal sewer system or an adequate on-site sewage system;

(2)

Public water is or will be available to and adequate for the proposed development;

(3)

The size and scale of the proposed development is harmonious with the development and proposed development of adjacent and nearby areas and will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light or glare;

(4)

The traffic which will be generated by the proposed development will be adequately provided for and will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area;

(5)

The proposed development will not cause an undue burden on town facilities or services; and

(6)

The recreational facilities to be developed as part of the project are conveniently located and are appropriate for the types of dwelling units which are proposed.

(Rev. Ords. 1974, § 17-2-4; Ord. No. 83-4, § 1, 3-14-1983; Ord. No. 02-7, § 1, 7-8-2002; Ord. No. 11-01, § 1, 1-10-2011)

The planned village district is established to encourage development of harmonious, efficient and environmentally sound neighborhoods by promoting variety in land use, residential density and site design through the grouping or other configuration of buildings and preservation of unique features of the site; it may include compatible residential and recreation uses. It shall be serviced by an approved central sewer facility and public water.

(Rev. Ords. 1974, § 17-3-1; Ord. No. 85-18, 12-9-1985; Ord. No. 93-17, § 1, 10-4-1993; Ord. No. 95-3, § 1, 5-8-1995)

(a)

The minimum parcel size for development proposals in the planned village district shall be ten acres.

(b)

No building shall be erected in a planned village district until a final subdivision plan has been approved by the planning commission and recorded in the land evidence records. All development proposals shall follow the procedures for approval of a subdivision in accordance with article 3.0 of the subdivision and land development regulations. All plans must be in conformance with articles 1.0—4.0 of the subdivision and land development regulations.

(c)

Any change in an approved development plan in a planned village district must be approved by the planning commission and recorded in the office of the town clerk prior to the issuance of a building permit or a certificate of occupancy.

(Rev. Ords. 1974, § 17-3-2; Ord. No. 93-17, § 1, 10-4-1993; Ord. No. 95-3, § 1, 5-8-1995)

Permitted uses in the planned village district shall include the following:

(1)

Single-family dwellings.

(2)

Townhouses.

(3)

Public or private parks, conservation areas or recreation areas.

(4)

Municipal facilities.

(5)

Residential compounds, as defined in section 21-426.

(6)

Accessory uses, which are as follows:

a.

Garages and storage space.

b.

Temporary sales office or temporary storage of building supplies as accessories to real estate subdivisions or developments.

c.

Customary home occupations, such as physicians, engineers, insurance agents, lawyers, real estate brokers, beauty parlors or other professional persons, provided that the person resides in the house and employs no more than two persons.

d.

Not more than two rooms rented or table-board furnished incidental to a private residence use.

e.

Any uses or buildings clearly accessory to authorized uses.

(Rev. Ords. 1974, § 17-3-3; Ord. No. 95-3, § 1, 5-8-1995)

(a)

Residential density. The total number of units allowed in the planned village district shall be calculated on the amount of land suitable for development. Residential density shall be a maximum of four dwelling units per acre of suitable land.

(b)

Minimum lot area and frontage requirements. For a planned village district consisting, all or in part, of separate lots for residential and accessory use purposes, each such lot shall contain at least 8,000 square feet of land, which shall not be deemed to be a nonconforming lot size under section 21-308, and shall have a minimum frontage of at least 50 feet.

(c)

Single-family detached dwellings. Single-family detached dwellings shall meet the following minimum dimensional requirements:

(1)

The minimum front yard shall be ten feet for each single-family dwelling.

(2)

The minimum side yard shall be ten feet for each single-family dwelling.

(3)

The minimum side yard and rear yard for accessory structures shall be seven feet six inches.

(4)

The minimum rear yard shall be 15 feet for each single-family dwelling.

(d)

Townhouses. Criteria for townhouses shall be as follows:

(1)

Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than eight townhouses shall be contiguous.

(2)

Each townhouse unit shall have its own yard, containing not less than 400 square feet, reasonably secluded from view from the streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.

(3)

The minimum yard width shall be 20 feet per unit.

(4)

The minimum distance between any two rows of townhouse buildings, substantially parallel to each other, shall be 60 feet.

(5)

The minimum distance between two abutting ends of townhouse buildings in the same general plane or row shall be 50 feet, provided that such walls shall contain no windows to serve habitable rooms.

(e)

Applicability of section 21-306.Section 21-306 shall not apply to a planned village district.

(f)

Open spaces. Open space criteria and ownership shall be as follows:

(1)

Within a development no less than 25 percent of the total land, exclusive of land set aside for road area and accessory uses, shall be devoted to common open space for recreational or conservation purposes.

(2)

Provisions shall be made to ensure that no more than 20 percent of the open space will be devoted to paved areas and structures devoted to open space uses or uses accessory to permitted uses.

(3)

Use of the open space as permitted in subsection (f)(7) of this section shall be subject to site plan review by the planning commission. All structural improvements shall be a part of the final submission plans approved by the commission, or may be included by amendment at any time prior to the conveyance of the first lot. Following the conveyance of at least 51 percent of the lots, such additional improvements may be permitted by the commission with the written concurrence of at least two-thirds of the homeowners' association membership. No structure on the open space may be located within 50 feet of the residential property abutting the development.

(4)

Strips of common land shall be permitted only as usable access paths between residences, streets, open space, as drainage areas and as buffers.

(5)

Access area to the open space shall be clearly marked with appropriate materials to distinguish commonly owned open space area from private property.

(6)

Open space may be one or more parcels, the size, location, shape and character of which must be suitable for the designated uses.

(7)

Open space may be used for active recreation, passive recreation, conservation, forestry agriculture, natural buffers, open space, and structures accessory to approved uses, including garages and utilities owned and operated by the homeowners' association for its own use including septic systems and package sewage treatment facilities.

(8)

Land which has been environmentally damaged prior to final approval of the development by the planning commission as a result of soil and earth removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not be accepted as common open space unless and until the land is restored to a condition which the planning commission determines to be reasonable and appropriate to effect the purpose of this article. The planning commission may grant final approval for a development subject to such restoration of the common open space, provided an appropriate performance bond is posted.

(9)

Ownership of the common open space shall be in accordance with the following:

a.

Ownership by the individual lot owners by tenants in common. The deed to each lot shall include a proportionate share of the common open space. Each lot owner shall be required to be a member of a homeowners' association, which shall be formed prior to conveyance of the first lot.

b.

All or part of the open space area used as a basis for calculation to determine density, if used for active recreation purposes prior to the effective date of the ordinance from which this subsection derives by lot or unit owners and others, may be owned by a separate entity. In such case, the area shall be impressed with an open space easement as defined in subsection (f)(10) of this section, running to the lot or unit owners, in addition to the open space easement which shall be given to the town.

(10)

Open space shall be protected against building development and environmental damage by conveying to the town an open space easement restricting the area against any future building and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses accessory to permitted uses.

(Rev. Ords. 1974, § 17-3-4; Ord. No. 85-18, 12-9-1985; Ord. No. 93-17, § 1, 10-4-1993; Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 07-02, § 7, 2-5-2007)

Before approving a planned village district proposal, the planning commission shall determine that:

(1)

Sewage and waste disposal will be adequately handled by an approved central sewage facility.

(2)

Public water is or will be available to and adequate for the proposed plan.

(3)

The size and scale of the proposed plan and uses are harmonious with the development and anticipated development of adjacent and nearby areas and will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light, glare or air pollutants.

(4)

The traffic which will be generated by the proposed plan and uses will be adequately provided for and will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area.

(Rev. Ords. 1974, § 17-3-5; Ord. No. 95-3, § 1, 5-8-1995)

A vegetated buffer will be required between new development in a planned village district and existing streets, neighborhoods, vacant land, active farmland, adjacent park or conservation land, or other surrounding uses. The buffer will be designed to provide a visual and/or audio screen, and may be required to provide environmental and public use benefits. Its appearance shall fit with and improve upon the neighborhood context. The required buffer will be in accordance with the following:

(1)

A permanent buffer along the perimeter of the planned village district shall be established and maintained, providing for the preservation of existing trees or other vegetation or for the planting of new vegetation having adequate density, height, and type of vegetation in order to provide an all-season visual and audio screen between the planned village district and adjacent land uses.

(2)

The buffer may be provided in either of the following alternative forms, to be determined by the planning commission:

a.

A separate open space lot or lots;

b.

A permanent easement along the rear and side property lines of the perimeter lots of the planned village district, which are being developed. Said easement shall run in favor of the town and shall be for conservation or open space purposes only. Where such easements are located on privately owned lots, they shall not be counted toward the minimum required open space.

(3)

The width of the required perimeter buffer shall be at least 50 feet.

(4)

In the review and approval of buffer areas, the planning commission, or the zoning board of review where a reduction in buffer width is requested, shall consider the following factors in making a determination:

a.

The nature of adjacent land uses;

b.

The nature of proposed or projected future land uses on adjacent property;

c.

The nature of the ownership of adjacent property (private, public, conservation, etc.);

d.

The physical characteristics of adjacent property (wetlands, slopes, stone walls, etc.);

e.

The zoning of adjacent property;

f.

The land use classification of adjacent property as shown on the town comprehensive plan land use map;

g.

Height of buildings in the Planned Village District and adjacent parcels;

h.

Type of buffer as it relates to whether the buffer is intended to be an extension of existing forested areas or landscaped screening.

(5)

Supplemental plantings and replanting shall consist of a combination of deciduous and evergreen trees, shrubs or a combination thereof, native to the region. All trees planted shall be a minimum of ten feet in height at time of planting and the buffer shall contain a mixture of canopy and understory trees. All shrubs planted shall be a large growing species, shall be a minimum of three feet in height at time of planting and shall be a species which will achieve a height of at least 10 feet at maturity.

(6)

All material shall conform to the guidelines established by the current American Standard for Nursery Stock, published by the American Association of Nurserymen.

(7)

Nonvegetative materials may be used to satisfy the screening requirements where the planning commission determines such materials are acceptable for the areas in which they are to be located. These materials may be used in addition to the use of existing vegetation and/or supplemental plantings, and may consist of walls, fences, earthen berms or any combination thereof.

(8)

A certified landscape plan and other materials that demonstrate that the design of the buffer will achieve the desired effect must be submitted to the planning commission for review and approval.

(9)

Buffer areas may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that no plant material is eliminated; the total width of the buffer is maintained; and all other requirements of this section are met. Buffer areas may not be used for playfields, stables, swimming pools, tennis courts, accessory buildings, septic systems, parking facilities or trash dumpster locations.

(10)

Buffer areas may be crossed by roadways and utilities to allow connections between adjacent parcels or developments.

(11)

Application and construction documents must include a plan for preserving existing vegetation where possible.

(12)

All new plantings must receive two to three inches of mulch at planting and be maintained until they are established. Any losses of plant material within the first two years must be replaced and similarly guaranteed. Long-term maintenance of the buffers shall be the responsibility of the tenants in common. The buffers shall be maintained to accomplish the intended effects promised in the application plans in a safe and effective manner.

(13)

The zoning occupancy permit for the uses in a planned village district shall not be issued until such time as the landscaping requirements and buffer areas are either actually installed in full compliance with the approved plan or, in the event that the season is not appropriate for completing the planting, a performance guarantee of 125 percent of the cost shall be deposited with the town finance department. Such guarantee shall be in a form acceptable to the town and the depositor shall agree in making the deposit that, if performance is not completed within the time specified by the planning commission, the town may complete the requirements and charge the cost against the deposit; otherwise, the deposit shall be returned in full after satisfactory completion of the work.

(Ord. No. 04-23, § 1, 11-8-2004)

(a)

It is the intent of separate business districting to group businesses according to size, land use and intensity of activities in order to anticipate the impact of business development on the circulation system and on the pattern of development in different areas.

(b)

In areas where commercial activities are likely to concentrate, either in a traditional shopping center or individually, it shall be required that these businesses be designed and constructed as a group or cluster in a planned business district.

(c)

Any business use which abuts a residential district shall maintain the same building setback from side or rear lot lines as proscribed in that residential district; however, in no case shall the building setback be less than 30 feet. No off-street parking and loading spaces shall be located within this area.

(d)

Between the period of Thanksgiving through December 26 in any year, the outdoor storage and display for sale of Christmas trees and wreaths shall be a permitted use in any business district.

(Ord. No. 95-3, § 1, 5-8-1995)

(a)

Purpose and intent. The purpose and intent of the neighborhood business district is to encourage the continued growth and vitality of town villages. Development in this district should meet the following objectives:

(1)

Provide areas within and adjacent to residential neighborhoods where groups of businesses may be located to:

a.

Serve the frequent commercial and service needs of residents within convenient traveling distances.

b.

Serve as a transitional zone between more intensive business areas and residential neighborhoods.

c.

Provide a district for business activities which do not generate the traffic, noise, glare or large parking areas associated with large-scale business uses.

(2)

Encourage traditional development design and mixed use development appropriate to village centers.

(3)

Serve the traffic-carrying capacity of the town's road system by concentrating certain uses within village centers, thereby reducing the overall traffic burden.

(4)

Preserve the residential, rural, agricultural and historic characteristics of the community by encouraging new development to its village centers.

(5)

Strengthen the role of the neighborhood as a support for the village retail center and in turn to keep each village center to a scale that services its neighborhood without an undue dependence on automobile-borne customers.

(6)

Provide for a visual center for each village.

(7)

Promote unified physical, visual and spatial characteristics that are compatible with each village's traditional development pattern.

(b)

General requirements. General requirements are as follows:

(1)

On-site parking shall be located to the rear of the principal structure, but not in the required minimum rear or side setback or required buffer area.

(2)

The front yard setback shall be the average of the existing setbacks on the same side of the street as the subject site for a distance of 500 feet on both sides. Principal buildings shall front at this setback or no more than five feet behind it. If the latter, the area between the building and the street line shall be landscaped with appropriate material (e.g., bricks, concrete, stone pavers, but not asphalt) and appropriately planted, signed and lit. Properties in the neighborhood business district shall be exempt from subsection 21-306(a).

(Ord. No. 95-3, § 1, 5-8-1995)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

The purpose of the waterfront business district is to provide a location for maritime-related activities and recreational uses of the waterfront in an attractive environment which supports the historic character of the town and the traditional values associated with a working waterfront. The intent is to provide for water-related business without adversely impacting adjacent residential areas and the public enjoyment of the waterfront by preservation of views, continuance of existing public access areas and creation of new public access areas where appropriate.

(Ord. No. 95-3, § 1, 5-8-1995)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The general business district is created to provide areas for intensive commercial activities that primarily depend upon a great volume of vehicular traffic and serve the daily shopping needs of the community.

(b)

General requirements. General requirements shall be as follows:

(1)

On-site parking shall, unless otherwise permitted as provided in this subsection, be located to the side and/or rear of the principal structure but not in the required minimum side yard or rear yard or required buffer area. On-site parking may be located to the front of the principal structure if the applicant demonstrates that, with use of landscaping and buffering, the applicant can minimize the visual impacts of the parking.

(2)

Properties in the general business district shall be exempt from subsection 21-306(a).

(Ord. No. 95-3, § 1, 5-8-1995)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The heavy business district is established to provide areas for intensive business activities, the merchandise and operations of which generally require outdoor storage and activity.

(b)

General requirements. Properties in the heavy business district shall be exempt from subsection 21-306(a).

(Ord. No. 95-3, § 1, 5-8-1995)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The purpose and intent of the planned business district is to:

(1)

Encourage the master planning of commercial development to ensure compatibility with the purposes, objectives and intent of the comprehensive plan.

(2)

Provide flexibility in the use and design of commercial property.

(3)

Provide development that is appropriate for the site, the surrounding areas and the ability of the town to support such development.

(b)

Master plan review and site plan. General requirements for the master plan review and site plan are as follows:

(1)

Master plan review. Procedures for master plan review are as follows:

a.

Application. The applicant shall submit an application in accordance with the subdivision and development regulations, article IV H, for master plan approval by the planning commission. All required items must be submitted in order for the application to be considered complete prior to scheduling a master plan hearing with the planning commission.

b.

Public hearing. The planning commission shall hold a public hearing on the proposed master plan. Property owners within 200 feet of the site shall be notified by first class mail, return receipt requested, and the hearing advertised in a newspaper of local circulation at least 14 days prior to the date of the hearing. The cost of advertising and notification shall be borne by the applicant. The master plan shall be approved, approved with conditions or denied within 45 days of the close of the public hearing. The planning commission may grant an extension to the time period required for action at the request of the applicant.

c.

Master plan conditions. As a condition of approval, the planning commission may require such changes in the proposed master plan and may impose such conditions and safeguards as it deems necessary to meet the purposes of this section.

d.

Criteria for planning commission decision. The planning commission shall consider master plan approval based on the following criteria:

1.

The approximate location, size and number of business structures.

2.

The mix of business uses.

3.

The compatibility of the proposed development with adjacent land uses.

4.

The proposed use can be adequately served by town and state utilities and services.

5.

The design of the development including location of parking areas, open space, pedestrian and vehicular circulation within and adjacent to the site.

6.

Consistency with the comprehensive plan and the purpose and intent of this district.

e.

Approval period. Master plan approval shall be valid for a period of two years from the date of planning commission approval.

f.

Modifications. Modifications may be approved as follows:

1.

Minor modification of master plan. Amendments to the approved master plan which do not substantially change the concept of the master plan may be approved by the planning director. The developer shall request such amendments in writing, clearly setting forth the reasons for such changes. If the change is approved, the master plan shall be so amended. Appeal from the decision of the planning director may be taken to the planning commission.

2.

Major modification of master plan. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned business development shall require application to and review by the planning commission. A public hearing and notification, in accordance with subsection (b)(1)b of this section, shall be required.

g.

Appeal. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.

(2)

Site plan. Procedures for site plans are as follows:

a.

Site plan review. Following master plan approval, the applicant may file for site plan approval by the director of planning and development.

b.

Project phasing. If the developer anticipates a phased development, a proposed phasing plan and schedule must be submitted to the director for the director's approval at the time of site plan submission. The phasing schedule, upon approval by the director, may be amended from time to time. Amendment to the phasing schedule shall not be considered an amendment to the site plan.

c.

Modifications. Any modification to the approved site plan shall be approved by the director of planning and development.

(3)

Multifamily dwellings. The requirements of section 21-40 of this article shall be applicable to multifamily dwellings in the planned business district.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 02-7, § 2, 7-8-2002)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

The purpose of the institutional/office zoning district is to provide opportunity for the location of governmental, business and professional offices; research facilities; institutional uses; and support services. These types of areas are intended to also serve as a transition from more intense to less intense uses.

(Ord. No. 98-7, 5-11-1998)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The purpose of this zoning district is to encourage small-scale business and residential uses consistent with the historic and pedestrian-scale characteristics that exist and are desired to be retained and which are unique to Wickford Village.

(b)

General provisions.

(1)

In the Wickford Village district any use or structure in excess of 4,000 square feet gross floor area shall require a special use permit, and no structure shall have a footprint exceeding 7,000 square feet.

(2)

Outdoor displays of merchandise or goods are permitted subject to the following requirements:

a.

The total area of such displays shall not exceed five percent of the total floor area of the business establishment;

b.

The outdoor display must be on the same lot as the establishment and behind the front face of the building;

c.

No outdoor displays are permitted in the public right-of-way;

d.

All outdoor displays must be brought inside by the end of each business day, with the exception of plants and landscaping materials;

e.

Outdoor displays shall not obstruct building exits or fire lanes.

(3)

Subsections (2)a. and (2)b. above shall not apply during special village-wide festivals or events during specified times of the year, when designated as such by the town council.

(4)

Any vending machine or other mechanical device for the distribution of goods directly to a consumer without the intervention of any cashier or other employee outside or visible from outside the building is prohibited.

(5)

Properties located within the Wickford Village Design Guidelines Overlay District, as identified in sections 21-362 and 21-363, shall adhere to the provisions contained in section 21-191, entitled, "Wickford Village Design Guidelines Overlay District."

(Ord. No. 02-20, § 2, 11-18-2002; Ord. No. 18-29, § 1, 11-26-2018)

(a)

Purpose and intent. The Post Road district (PR) is established as a mixed use, economic development center. Because of the available infrastructure within the district, development shall be designed to provide a mix of commercial and residential uses at higher densities than what is permitted in most of the other zoning districts in the town. Density bonuses shall be made available to encourage environmentally friendly and pedestrian-oriented site design practices and the incorporation of affordable housing into mixed use environments. Better site design practices and two-story buildings are encouraged in the district to facilitate the development of pedestrian friendly environments, to leverage environmental improvements, to increase property values, to promote commercial development, and to improve the general aesthetic appeal of the area.

(b)

General requirements.

(1)

Ground floor uses. Ground floor uses in the PR district shall be restricted according to the following provisions:

a.

Ground floor uses in any structures located within 400 feet of arterial and collector roads shall be limited to non-residential uses, with the exception of the following:

i.

Ground floor uses within 400 feet of collector or arterial roads may include up to 25 percent of the gross floor area as residential use as long as such housing is restricted to households above the age of 55.

b.

Ground floor uses on local roads or other small private ways internal to developed areas may include any of the uses allowed in the PR district in accordance with the use table (article III).

c.

The distance shall be measured from the nearest point of the residential ground floor use in question to the nearest point of the road right-of-way. The Planning Commission may reduce this restriction to 200 feet where the residential ground floor uses are not visible to pedestrians from Post Road and are part of a large coordinated development proposal with multiple primary buildings sited in a manner that is consistent with the goals of the district.

(2)

Nutrient loading limitations. New development in the PR District that also lies within the groundwater recharge and wellhead protection overlay district shall not discharge nitrogen to groundwater at an average site-wide concentration beyond 5 mg/L. Nitrogen loading calculations shall incorporate those standards listed in Section 21-186(g)(5) of the Zoning Ordinance.

(3)

Stormwater recharge for new development. In new development, loss of annual recharge to groundwater shall be eliminated or minimized through the use of infiltration measures including environmentally sensitive site design, low impact development techniques, stormwater best management practices, and good operation and maintenance. At a minimum, the annual recharge from the post-development site shall approximate the annual recharge from pre-development conditions based on soil type. The applicant shall demonstrate that post-development recharge rates approximate pre-development conditions by following the calculation and design process described below. The NRCS classifies soils into four hydrologic groups, A through D, indicative of the minimum infiltration obtained for a soil after prolonged wetting. Group A soils have the lowest runoff potential and the highest infiltration rates, while group D soils have the highest runoff potential and the lowest infiltration rates. Each of these soils can be expected to infiltrate up to a certain amount of rainfall for any given rain event regardless of the size of the storm. Studies of rainfall data and soil recharge rates illustrate that the four hydrologic soil groups will recharge up to the following amounts for any given rain event:

Therefore, runoff from impervious cover must be recharged in accordance with the soil type that will be covered by that impervious cover. The required recharge volume from impervious surfaces for any given storm (the stormwater volume that must be infiltrated) shall be determined by multiplying these recharge coefficients by the amount of impervious cover that lies above a particular hydrologic soil group. An applicant must demonstrate to the planning commission that the stormwater management practices selected adequately captures, treats and infiltrates the total required recharge resulting from these calculations.

For stormwater management strategies that recharge water through the root zone (within the first 12 inches of soil), it will be assumed that 50 percent of the captured runoff is lost to evapotranspiration. The applicant shall therefore need to compensate for this loss in his/her recharge volume estimates. Where recharge occurs below the root zone, it shall be assumed that all captured runoff will reach the water table.

Sample calculation for stormwater recharge.

In the sample calculations provided below, stormwater recharge facilities on the site must be capable of recharging at least 12,124 gallons of runoff from impervious surfaces for any given storm event.

(4)

Stormwater recharge for redevelopment or constrained sites. The town recognizes the difficulties associated with recharging groundwater on sites with certain unique constraints. These constraints may include previously developed sites with considerable amounts of poor quality fill, sites comprised entirely of hydrologic group C or D soils, or sites with contaminated soils. In these situations, the recharge standards listed under section 21-94(b)(3) above shall be met to the maximum extent practicable. For the purposes of determining compliance with this standard, the planning commission shall require the applicant to demonstrate that:

a.

A complete evaluation was performed of all feasible infiltration measures, including environmentally sensitive site design that minimizes land disturbance and impervious surfaces, low impact development techniques, reduced parking requirements, and structural stormwater best management practices; and

b.

If the post-development recharge does not at least approximate the annual recharge from pre-development conditions, the applicant has demonstrated that he/she is implementing the highest practicable method for infiltrating stormwater.

(5)

Non-conformity. Pre-existing non-conforming land or structures shall be governed by those provisions listed in article XII of the zoning ordinance. In addition to those requirements, the following shall apply:

a.

The relocation or replacement of any building that may be allowed pursuant to article XII shall require compliance with all PR district design guidelines listed in the subdivision and land development regulations.

b.

Where a building is non-conforming by dimension, and any addition, enlargement, expansion or change of use is proposed, such activity shall require conformance with the PR district design guidelines listed in the subdivisions and land development regulations that apply to the construction/renovation activities being performed unless specifically waived by the town.

c.

All pre-existing non-conforming land or structures that are being developed or redeveloped shall include sidewalks, landscaping and lighting, meeting the ordinance requirements.

(c)

Specific requirements.

(1)

Intensity of residential use.

a.

In a mixed use district, four units of residential use shall be allowed for each acre of buildable land.

b.

For projects in which not less than 20 percent of all housing units shall be reserved as affordable as defined in section 21-22, definitions, the planning commission may increase the allowable residential density up to ten total units per buildable acre.

c.

For projects in which not less than 15 percent of all housing units shall be reserved as affordable as defined in section 21-22, definitions, and also utilize transfer of development rights as described in article XXIII of this chapter, the planning commission may increase the allowable residential density to 30 total units per buildable acre.

d.

The average bedroom count per unit for any residential development in the PR district shall not exceed 2.25.

(2)

Intensity of commercial use. The intensity of commercial uses allowed in the PR district is subject to the basic dimensional requirements of each site and any other site constraints that may be present. Increases in the intensity of commercial uses beyond what is customarily permitted by right may be allowed by the Planning Commission through a transfer of development rights as described in Article XVII of this chapter. These increases in commercial use intensity beyond what is customarily allowed shall occur as the result of increases in the allowable height of buildings pursuant to article IV, table 2B standard dimensional regulations for business districts, note 6. Increases in the intensity of uses shall require compliance with all other applicable provisions of the zoning ordinance including, but not limited to, allowable uses, parking requirements, design standards, and signage.

(3)

Buffers. Landscaping shall be required between non-residential uses or mixed use developments and existing residential districts. Buffer zones shall occupy the specified setback area in table 2B of article IV and shall substantially screen the site from view in accordance with the standards listed in section 21-277 of the zoning ordinance. Fences may be used as part of screening but shall not be constructed from materials incongruent with the design goals of the PR district as determined by the department of planning and development or the planning commission.

These requirements shall not apply to non-residential or mixed use development that are interior to any development in the district or that are designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths or other pedestrian amenities.

(4)

Design.

a.

All proposed new construction projects on vacant land in the PR district shall comply with the Post Road district design guidelines and standards in their entirety as listed in the subdivision and land development regulations. The building shall be designed with the main entrance/façade of the building facing Post Road or the appearance of the main entrance/façade facing Post Road.

b.

Applicants are encouraged to adhere to the PR district design guidelines for land development projects on sites where existing buildings and parking are in place. Where existing buildings and site constraints do not allow for the compliance with the PR district design guidelines and standards the planning commission may waive the requirements.

c.

All new construction projects shall make proposals for streetscape requirements including: the installation of sidewalks, landscaping and lighting meeting ordinance and subdivision and land development regulations.

d.

All new signage shall meet the PR district design guidelines as set out in section 14.3.13 of the subdivision and land development regulations.

(5)

For structures being modified or enlarged that are located within the PRD, no increase in net parking or loading spaces shall be allowed in front of the primary structure. In instances where existing parking or loading spaces are to remain in front of the primary structure, all applicable buffering standards shall be met in accordance with this chapter to minimize the impact of the existing parking and loading spaces. For new developments applicants shall meet parking requirements as indicated in section 14.3.2: site design in the PR design guidelines of the subdivision and land development regulations.

(6)

Applicants for development of lots located along Post Road that have frontage on more than one road, shall designate a front which shall be utilized for front setback calculations.

(Ord. No. 08-18, § 2, 7-7-2008; Ord. No. 10-04, § 2, 2-22-2010; Ord. No. 10-06, § 1, 4-26-2010; Ord. No. 11-09, § 1, 5-23-2011; Ord. No. 11-18, § 2, 6-27-2011; Ord. No. 12-13, § 2, 10-22-2012; Ord. No. 16-02, § 1, 1-11-2016; Ord. No. 20-09, § 1, 5-18-2020)

The intent of the compact village development provisions is to create opportunities for land development projects consistent with the CVD ordinance and to create or reinforce the character and function of village centers through compact arrangement of residential and nonresidential uses which are well related to community needs.

(1)

Establishment of CVD District. Applications for a CVD may be submitted to the town planning commission for land within an existing CVD district or as part of a proposed future land use map amendment (if necessary) and a zoning map amendment consistent with the requirements in section 21-95. Where a change to the zoning map is required, applicants shall follow the procedures of section 21-19 of the zoning ordinance. Applicants for a zoning map amendment shall accompany the submittal of application materials to the planning commission with a site plan that meets the requirements of a master plan submittal for major land development projects. A CVD must include both residential and nonresidential uses as allowed in section 21-95(4).

(2)

Eligibility. Locations eligible for CVD shall meet all of the following criteria:

a.

At least one lot within a proposed CVD shall have adequate frontage on and access to an arterial or collector street as defined in section 21-22 of the zoning ordinance.

b.

When establishing a CVD, the entirety of a conforming lot that is zoned as a planned business district, general business district, neighborhood business district or multifamily residential district must be included in any land proposed to be rezoned as a CVD. Any additional lots that are proposed to be included in the CVD may be any other business, industrial or residential district, excluding the Wickford Village Center district and the Post Road District.

c.

For newly proposed CVD districts located in an existing village as identified in the comprehensive plan, the minimum total land area of the district shall be two (2) acres. For newly proposed CVD districts that are not located within an existing village area as identified by the comprehensive plan, the minimum total land area shall be ten (10) acres. For any newly proposed CVD that is less than ten (10) acres, the planning commission shall make a recommendation to the town council at the pre-application stage of review as to whether the proposed CVD is located within a village. The final determination for whether a proposed CVD is located within a village shall then be made by the town council at a regularly scheduled meeting.

d.

After a CVD has been established, land that abuts an existing CVD district and has a business, industrial, multi-family or Village/VR20 designation may be considered for a CVD zone change where the property will be integrated by design into the existing CVD. Where abutting property may be added to an existing CVD, there shall be no minimum area requirement for the additional property.

(3)

Permit procedures. Review of development proposals within an existing or proposed CVD district shall be as follows:

a.

Any application for CVD that requires a change to the zoning map shall be reviewed as a major land development project.

b.

Where a CVD district is already established on the zoning map, but the development proposed as part of the initial zoning map change was not constructed per the conditions of the approved master plan within the required timeframe allowed by state law, new proposals or revisions to the master plan shall require review as a new major land development project.

c.

Any change to restrictions or conditions per the original Zoning Map amendment including, but not limited to, deed restrictions, covenants, maintenance agreements, and limits on commercial square footage, shall require a change to the master plan and a zone change application. Notification to abutters shall be the same as outlined in section 21-19 of the zoning ordinance.

d.

Where a CVD zoning district is already established and the plans reviewed as part of the initial zoning map change are substantially complete, applications for additional development or changes within the district shall be reviewed in accordance with section 21-133 of the zoning ordinance and the requirements of a major land development project in accordance with the town subdivisions and land development regulations.

e.

Where a master plan submittal requires a zoning map amendment and/or a comprehensive plan amendment, the master plan approval is subject to the town council approving the zoning map amendment and the comprehensive plan amendment.

f.

The applicant must demonstrate that the proposed development would have an adequate water supply.

g.

If the CVD is proposed to be built in phases, phasing requirements shall be determined at the discretion of the planning commission.

h.

The planning commission shall consider how the proposed percentage of nonresidential and residential development promotes the development of a walkable village as contemplated by the CVD ordinance. In determining the appropriate amount of residential and nonresidential uses or the ratio between the residential and nonresidential uses, the planning commission shall consider the following, without limitation:

1.

The amount and type of nonresidential use on nearby properties.

2.

The amount of residential use in close proximity to the CVD and the degree to which that residential use is readily connected to the proposed CVD through vehicular, pedestrian or bicycle connections.

3.

The degree to which the proposal may be compatible with historic or otherwise notable structures in or near the proposed CVD.

4.

The degree to which the proposed CVD may represent historic development patterns in the area or otherwise model traditional New England village types.

5.

The capacity for roadways to effectively handle anticipated volumes of traffic.

6.

The capacity for existing or proposed utilities to effectively provide service to the proposed mix of uses.

7.

The carrying capacity of the site, the watershed(s) within which the site lies or the underlying groundwater.

8.

The need for commercial or residential uses in the area.

9.

The current zoning of the proposed CVD district.

10.

The current future land use map designation in the comprehensive plan.

11.

The percentage of proposed protected open space or recreation land.

(4)

Allowable uses. A CVD project must include both a residential use and a nonresidential use. Use allowances within a CVD district shall follow the use allowances specified for the neighborhood business district with the exceptions, additions or alterations provided below.

a.

The following residential uses shall be allowed by right:

1.

Single-family dwellings;

2.

Two-family dwellings;

3.

Multi-family dwellings including townhouses;

4.

Dwelling units above nonresidential use;

5.

Home occupation within a dwelling in accordance with section 21-320 of the zoning ordinance;

6.

Nursing home or convalescent home;

7.

Accessory dwelling units.

b.

Farm markets shall be allowed by right.

c.

The following recreational uses shall be allowed by right:

1.

Golf courses with associated facilities;

2.

Health and fitness facilities.

d.

All additional restrictions on use provided for in the groundwater or other overlay districts shall apply if the parcel is located in said overlay districts.

(5)

Dimensional requirements. The dimensional regulations for the CVD are provided herein:

a.

The proposed lot(s) included in any development plan, regardless of use, must contain on average at least 5,000 square feet of lot area per dwelling unit proposed.

b.

The average number of bedrooms per dwelling unit for all residential units located within the CVD District shall not exceed two.

c.

Subject to the limits of the other sections of the ordinance, the footprint of any individual commercial building shall not exceed 10,000 square feet; provided, however, that one 15,000 square foot commercial building shall be allowed for properties containing more than ten acres of buildable land. TDR may be used to exceed this allowance pursuant and subject to the limitations of Section 21-95(k) inside the Urban Services Boundary. In no instance, shall any building footprint exceed 15,000 square feet.

1.

Historic structures may be exempt from this subsection with the approval of the planning commission provided that the structure supports the historical integrity of the village and the exemption will be consistent with or enhance the goals of developing a CVD district. The burden of proof for the determination of a historic structure shall be placed upon the applicant. The applicant may refer to the definition of a historic site as defined in section 21-22 and/or the North Kingstown, Rhode Island Statewide Historical Preservation Report W-NK-1 published by the Rhode Island Historical Preservation Commission November 1979.

d.

The side and rear setback and the setback from residential use minimums shall apply only to lots abutting the boundary of the CVD district.

(6)

Inclusionary zoning. All housing which is included in the CVD shall have a minimum of ten percent of all units deemed affordable as defined in section 21-22. All of the provisions of article XXII, inclusionary zoning, shall apply except for those provisions that grant additional lot density bonuses for affordable housing units. Total lot density in a CVD shall be determined by sections 21-95(5) and 21-95(10).

(7)

Architectural and lot layout design specifications.Section 21-269, village character design guidelines, of this chapter shall apply as a minimum standard to CVD proposals as a framework for development within the CVD district. Additionally, as part of a major land development review process with the planning commission, the following shall be required.

a.

The design guidelines provided in section 21-269(3) shall be used by the planning commission where applicable. Where design specifications approved by the planning commission for an individual CVD district differ from or are stricter than those provided in section 21-269(3) of the zoning ordinance, the specifications that are specific to a CVD proposal as approved by the planning commission shall prevail.

b.

Where a CVD District is already established, the design specifications approved as part of the initial zoning map change shall apply to any new development or redevelopment proposal within the district. Minor changes or deviations from these specifications require approval by the planning commission. Major changes shall be subject to the specification and notice requirements of section 21-95(3)c.

c.

The applicant shall submit supplementary illustrated design specifications with any proposal to establish a new CVD district. If approved, the additional design documents shall be incorporated into the recorded legal documents for the development. These specifications shall address the following elements specific to the neighborhood context:

1.

Identify any building typologies within the neighborhood or the community as a whole that should inform the selection of architectural styles.

2.

Identify the character of the arterial or collector road that provides access to the CVD district and demonstrate how setbacks, vegetation, screening, signage, new roadside features and pedestrian/bicycle amenities will be used in a manner that is consistent with or enhances that character.

3.

Building envelopes and/or limits of disturbance shall be considered as part of the approval.

4.

Illustrate how the placement of buildings, parking lots and entrance ways will be consistent with or enhance the goal of developing a walkable CVD district. CVD applications must show a clear, contiguous pedestrian and/or non-motorized vehicle circulation network within the development. Elements, approaches or design specifications that may be required by the planning commission to ensure a walkable/bikeable environment include, but are not limited to:

i.

Walkways, sitting areas, bicycle racks, lighting, landscaping and canopy trees along property frontage may be required where public sidewalks are not present or in conjunction with public sidewalks to enhance pedestrian mobility.

ii.

Raised surfaces and/or durable, decorative alternatives to conventional pavement may be required to connect sidewalks or bike lanes across driveways for automobile access points to any site.

iii.

Where pedestrian or bike lanes intersect with designated automobile travel lanes, strategically placed decorative bollards, stones, landscaped islands or low fencing may be required to provide a greater visual divide between these areas.

iv.

Pedestrian connections between buildings shall be provided as safe, broad and easily identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show the space is primarily dedicated to pedestrian traffic through the use of raised or alternative surfaces, signage or raised landscaped islands that may serve as a safe resting area for pedestrians between automobile travel lanes.

v.

Building placement shall be performed in a manner that balances the circulation needs of motorists and pedestrians. Where possible, building placement shall be close enough to property lines to ensure that property setbacks are entirely dedicated to pedestrian and/or bicycle travel.

5.

Demonstrate to the satisfaction of the planning commission that building materials, roof lines, fenestration, façades, entranceways, surface treatments, signs and lighting will be used to meet the goals of the CVD ordinance through the provision of architectural elevations and illustrated examples of these individual features.

d.

The planning commission shall have the ability to require additional design specifications, amenities and development requirements that are compatible with or enhance the surrounding neighborhood.

e.

Coverage of any lot by nonresidential and residential buildings shall be designed so as to create a walkable village.

f.

The overall percentage of nonresidential to residential building coverage shall be set by the planning commission at the master plan level of review and approved by the town council as a condition of the zoning map amendment to the CVD district for the parcel(s) of land. In addition to the factors set forth in section 21-95(3)g., this determination shall take into account the existing traffic patterns, existing zoning and land uses, the comprehensive plan, surrounding zoning and land uses, the fiscal impact of the CVD district on the town and the availability of services and utilities including, but not limited to, water and sewer.

g.

For CVDs located outside of the urban services boundary the impervious coverage for the entirety of the CVD shall not exceed 60 percent, the application shall take into account the impervious coverage in the watershed, and the application shall indicate the potential impacts to the watershed. In all CVDs, stormwater treatments such as pervious pavement, bioswales and other innovative stormwater mitigation methods shall be utilized to minimize the impacts from increased impervious coverage on the site and in the watershed. Individual lots within a CVD need not comply with the impervious lot coverage requirements provided that those requirements are met in the CVD as a whole and the individual lot complies with the approved land development plan.

(8)

Circulation. Vehicular, bicycle and pedestrian traffic shall be interconnected within the CVD District, and shall connect to adjacent lots containing land zoned for business purposes. Connections shall be designed without the use of traffic signals to the extent practicable.

(9)

Wastewater disposal. All parcels located in the CVD shall be tied into a sanitary sewer system if available. Where a sanitary sewer system is not available applicable nutrient loading standards shall be met as stated in subsection (10) below. Community or shared OWTS shall be utilized on site unless not appropriate due to site constraints. In the event the applicant cannot utilize a single community OWTS, the applicant shall use a combination of as few as possible smaller OWTS unless financially and technically unfeasible. In addition, a permanent maintenance agreement for wastewater disposal throughout the entire CVD shall be required as part of the final approval. The burden of proof of these requirements shall be placed upon the applicant. An OWTS leachfield(s) may be allowed in the open space area by the Planning Commission if it furthers the goals and intentions of this ordinance.

(10)

Nutrient loading and density limitations in a CVD.

a.

Nutrient loading and density limitations associated with a CVD shall vary depending on the location of the CVD relative to both the North Kingstown groundwater overlay district (zone 1 and zone 2) and the Rhode Island Statewide Planning Urban Services Boundary (USB) in accordance with the table below and the notes and explanatory provisions that follow. Where the provisions associated with section 21-186(d)(1) are different from those in this subsection, the provisions of this subsection shall govern.

Table Notes:

1.

This bedroom density shall not be interpreted as removing the need for development proposals within the groundwater overlay zones to meet the nitrate loading standard of five mg/L as set forth in chapter 8, article VI, ("Groundwater Reservoirs and Recharge Areas") of the Revised Ordinances according to the requirements of 21-186(f)(5).

2.

Where the pre-existing zoning may require minimum lot sizes greater than two acres, that lot size shall be used to determine bedroom density for that portion of the CVD. For example, if ten buildable acres of a proposed CVD are located in district that requires five acres for a minimum lot size, that portion of the CVD will yield seven bedrooms.

3.

Sample calculation:

For a CVD that contains eight acres of buildable land in RR, six acres of buildable land in VR-20, and two acres of buildable land in NB:

RR: 8 acres/80,000 sf = 4.36

VR-20: 6 acres/20,000 = 13.01

NB: No yield as residential not allowed by-right

Total: 17.37 x 3.5 = 61 bedrooms (rounded)

b.

Where a CVD proposal may include land split by the boundary of the groundwater protection overlay district and/or the USB, the areas outside and inside the overlay zone shall be treated separately with regard to the density limitations as described in section 21-95(10)a.

c.

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

d.

Fractions of bedrooms shall be rounded to the nearest whole number.

e.

Provisions for reporting to the town the concentration of nitrate (NO ₃ ) and total nitrogen (TN) concentration in onsite wastewater treatment systems (OWTS) effluent at least once per year every year shall be a condition of all approvals in a CVD district.

f.

Where a proposed CVD in a groundwater zone 2 overlay district would create average nitrogen concentrations within the district that exceed five mg/L, an applicant may propose to offset the difference between the five mg/L and the predicted concentration by adding dedicated off-site open space into the nutrient loading calculations in accordance with the assumptions for nitrogen loading and natural recharge found in section 21-186. The following shall apply:

1.

Dedicated off-site open space is only eligible for offsetting nutrient loads from a CVD if the open space and the CVD are located within the same aquifer recharge area.

2.

The dedicated off-site open space can only come from a groundwater overlay zone 1 district.

3.

Off-site nitrogen load offsets may only be used for CVDs located in the state designated urban services boundary.

4.

The open space shall be land that is not restricted or protected from development through any easements or restrictions such as but not limited to: open space or conservation easements.

5.

The open space land shall be considered buildable as defined in section 21-22 and not encumbered by significant physical or environmental constraints.

6.

The original nutrient loading analysis in the proposed CVD parcels may not show an average concentration of nitrogen that exceeds seven and a half mg/L. The nutrient loading analysis including the open space offset shall not exceed five mg/L.

(11)

Transfer or purchase of development rights (TDR). Except as set forth in section (5)c., the transfer or purchase of development rights shall be required for any individual commercial building that will exceed a 10,000 square foot ground floor area, but in no circumstances shall the footprint for any individual commercial building exceed 15,000 square feet. In no instance, shall any building footprint exceed 15,000 square feet except historic structures may be exempt from this subsection with the approval of the planning commission provided that it supports the historical integrity of the village and will be consistent with or enhance the goals of developing a CVD district. The burden of proof for the determination of a historic structure shall be placed upon the applicant. The applicant may refer to the definition of historic site and/or the North Kingstown, Rhode Island Statewide Historical Preservation Report W-NK-1 published by the Rhode Island Historical Preservation Commission November 1979. The following shall also apply:

a.

The transfer or purchase of development rights for use within a CVD district shall be allowed only from a sending area located within North Kingstown.

b.

The transfer or purchase of development rights for use within a CVD district shall allow nonresidential structures to expand from a maximum of 10,000 square feet ground floor area to 15,000 square feet ground floor area. This shall be the only application of TDR available to nonresidential uses in a CVD district and no other zoning standards (e.g., maximum height, allowable use, minimum open space, etc.) may be exceeded through TDR.

c.

Any CVD district utilizing the transfer or purchase of development rights must be located within the state designated urban services boundary and meet all applicable nitrogen loading standards of this ordinance.

(12)

Fiscal impact. The applicant shall submit a fiscal impact analysis demonstrating the potential costs to be incurred by the town for the provision of municipal services to the CVD district and the estimated municipal tax revenue to be generated by the CVD district.

(13)

Traffic impact. An applicant for any zoning map change shall submit a traffic analysis that includes impacts to intersections within one-half mile of the CVD district. Where the proposed CVD district would reduce the level of service (LOS), as defined by the Institute of Traffic Engineers (ITE), either by one level or to a level at or below "D ," the applicant shall present an alternatives analysis to illustrate how different traffic control measures within the traffic study area could be used to mitigate impacts and restore LOS to the existing level or to a level "D" or above, as applicable. Use of traffic signals for mitigation is discouraged. Where mitigation measures are not practicable, the planning commission shall consider the impacts in its recommendation for a zoning map change and for approval of the master plan. The duration of low service levels, the number of intersection approaches negatively affected, and the recurrence interval of unacceptable levels shall be considered by the planning commission in its recommendation.

(14)

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

(15)

Property ownership. Parcels in separate ownership may be made part of the same CVD project provided that the owners of all parcels document their commitment to compliance with the land development plan to the satisfaction of the town including, but not limited to, through appropriate deed restrictions as part of the application and approval process.

(16)

Dedicated open space. Where a CVD district of ten acres or more is proposed outside of the Rhode Island Statewide Planning Urban Services Boundary, a minimum of 25 percent of the total land area shall be dedicated as open space/recreation area and shall be designed as a system of available spaces throughout the development. Where a CVD is proposed within the urban services boundary, civic spaces, pocket parks or natural areas shall be required and integrated into the CVD in a manner that provides year round accessible open areas, gathering places and/or recreational opportunities.

(Ord. No. 12-03, § 3, 2-27-2012; Ord. No. 12-13, § 3, 10-22-2012)

(a)

Purpose and intent. The Wickford Junction (WJ) district is established as a mixed use, transit-oriented, economic development center. Because of the available transit infrastructure within and around the district, development shall be designed to provide a mix of commercial and residential uses at higher densities than what is permitted in most of the other zoning districts in the town. Density bonuses shall be made available through transfer of development rights and/or nutrient loading offsets to encourage environmentally friendly and bicycle and pedestrian-oriented site design practices and the incorporation of diverse housing types into mixed use environments. Better site design practices shall be encouraged in the district to facilitate the development of pedestrian friendly environments, to leverage environmental improvements, to increase property values, to promote commercial development, and to improve the general aesthetic appeal of the area.

(b)

General requirements.

(1)

Wastewater disposal. Wastewater disposal shall be centralized to the maximum extent practicable. All parcels located in the Wickford Junction shall be tied into a centralized sewer system if there is ready access to the collection system and the disposal system capacity can accommodate the calculated flow. Where proposed development cannot access a centralized sewer system, a community or shared OWTS shall be utilized on site unless not appropriate due to existing conditions or site constraints. In the event the applicant cannot utilize a single community OWTS, the applicant shall use a combination of as few as possible smaller OWTS unless financially and technically unfeasible. In addition, a permanent maintenance agreement for wastewater disposal throughout the entire Wickford Junction property shall be required as part of the final approval. The burden of proof of these requirements shall be placed upon the applicant. An OWTS leachfield(s) may be allowed in any dedicated open space area by the planning commission if it furthers the goals and intentions of this ordinance.

(2)

Nutrient loading limitations.

a.

Development proposals in the Wickford Junction district that lie within the Groundwater Recharge and Wellhead Protection overlay district shall not discharge nitrogen to groundwater at an average site-wide concentration beyond five mg/L except as may be provided for below. Nitrogen loading calculations shall incorporate those standards listed in subsection 21-186(g)(5) of the zoning ordinance. The concentration of nitrogen in wastewater effluent shall be determined by the wastewater disposal approach in accordance with subsection 21-186(g)(5) regardless of the proposed individual use or mix of uses.

b.

Where a proposed Wickford Junction district development in a Groundwater Zone 2 overlay district would create average site-wide nitrogen concentrations that exceed five mg/L, an applicant may propose to mitigate the load that goes beyond the five mg/L threshold by adding dedicated open space to the nutrient loading calculations. Recharge from the dedicated open space would be added to the nutrient loading calculations in accordance with the assumptions for nitrogen loading and natural recharge found in section 21-186 and must provide enough dilution to return the nitrogen loading to a maximum of five mg/L. In order for any dedicated open space to be used as an offset for nitrogen loading associated with a particular development proposal, the following conditions shall be met:

1.

Dedicated off-site open space may only be used to offset nutrient loads in the Wickford Junction district if the open space and the development proposal are located within the same aquifer recharge area.

2.

The dedicated off-site open space used to offset the nutrient loading from the proposed development must be located in a Zone 1 groundwater protection area.

3.

The open space shall be land that is not already or otherwise restricted or protected from development through any easements or restrictions including, but not limited to, open space or conservation easements.

4.

The open space land shall not be considered unbuildable land as defined in section 21-22 and shall not be encumbered by significant physical or environmental constraints.

5.

The original nutrient loading analysis for the proposed development site may not show a site-wide average concentration of nitrogen that exceeds 7.5 mg/L.

Land used and protected as part of a transfer of development rights transaction for the proposed development may also be used to offset nitrogen loading provided it meets all of the other criteria of subsection 21-96(b)(2). The nutrient loading analysis including the open space offset shall not exceed five mg/L.

(3)

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

(4)

Non-conformity. Pre-existing non-conforming land or structures shall be governed by those provisions listed in article XII of the zoning ordinance. In addition to those requirements, the following shall apply:

a.

The relocation or reconstruction of any building that may be allowed pursuant to article XII shall require compliance with all Post Road district/Wickford Junction district design guidelines listed in the subdivision and land development regulations;

b.

Where a building is non-conforming by dimension, and any addition, enlargement, expansion or change of use is proposed, such activity shall be exempt from the provisions of sections 21-309 and 21-311 where the proposed development activity will result in closer adherence to the purposes and standards associated with the Wickford Junction district and the requirements of the Wickford Junction district design guidelines. In these instances, the development activity shall be reviewed as part of a development plan review application to the planning commission. The planning commission may also review these activities as land development projects in accordance with the review thresholds in section 21-133.

(5)

Commercial use. The intensity of commercial uses allowed in the Wickford Junction district is subject to the basic dimensional requirements of each site and any other site constraints that may be present. Increases in the intensity of commercial uses beyond what is permitted by right may be allowed by the planning commission through a transfer of development rights as described in article XXIII of this ordinance. Increases in commercial use intensity beyond what is allowed by right shall occur as the result of increases in the allowable height of buildings pursuant to article IV, table 2B, standard dimensional regulations for business districts, note 6. Increases in the intensity of uses shall require compliance with all other applicable provisions of the zoning ordinance including, but not limited to, allowable uses, parking requirements, design standards, and signage.

(6)

Buffers. Landscaping shall be required between non-residential uses or mixed use developments and abutting residential districts. Buffer zones shall occupy the entire specified setback area in table 2B of article IV and shall substantially screen the site from view in accordance with the standards listed in section 21-277 of the zoning ordinance. Fences may be used as part of screening but shall not be constructed from materials incongruent with the design goals of the Wickford Junction district as determined by the planning commission. These requirements shall not apply to non-residential or mixed use development that are interior to any development in the district or that are designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths or other pedestrian amenities.

(7)

Design guidelines. All proposed development in the Wickford Junction district shall comply with the Post Road/Wickford Junction district design guidelines and standards listed in the subdivision and land development regulations.

(c)

Specific requirements.

(1)

Residential use.

a.

Residential units are prohibited in ground floor operations for buildings within 200 feet of Ten Rod Road in the Wickford Junction district that lie east of Quaker Lane and northeast of Ten Rod Road.

b.

Residential unit density shall be exempt from the relevant density provisions of subsection 21-186(d)(1) and the number of residential units permitted by-right shall be determined by the size and dimension of the structures permissible within the building envelope provided for in the dimensional regulations table 2B, compliance with the parking requirements contained in sections 21-271 and 21-272 and compliance with the nutrient loading limitations set forth, herein, at subsection 21-96(b)(2).

c.

For projects that apply transfer of development rights as described in article XXIII of this ordinance, the planning commission may increase the allowable residential density to 30 units per buildable acre provided all applicable performance standards within this ordinance are met.

d.

The average bedroom count per unit for any residential development in the Wickford Junction district shall not exceed 2.0 bedrooms per unit.

e.

All housing which is included in the Wickford Junction district shall have a minimum of 15 percent of all units deemed affordable as defined in section 21-22 and shall be maintained as such in accordance with section 21-602, Assurance of affordability. Options for off-site location, fee-in-lieu, and land conveyance as provided for in section 21-601, Basic inclusionary unit requirement, may be used to satisfy this requirement.

f.

Affordable units that will exceed 20 percent of the total housing units in a development shall be required to utilize TDRs for those additional affordable units.

(2)

Multi-modal circulation. Development proposals shall demonstrate circulation oriented design as follows:

a.

Development proposals must have a clear, contiguous pedestrian and non-motorized vehicle circulation network within the development and leading to and from the site.

b.

Sites directly adjacent to public transit stations shall clearly demonstrate that the pedestrian and non-motorized network connects to the public transit station.

c.

Bicycle parking facilities shall be provided along the front or side edge of each primary structure or another reasonable location on site. These may include bicycle racks or dedicated bicycle parking areas that have racks or other structures designed for securing bicycles. One bicycle rack shall be provided at a minimum for each primary structure.

d.

Travel lanes and driveways developed interior to the site shall have a minimum of four feet in width and indicated with striping dedicated bicycle lane(s) distinct from automobile travel lanes. This lane shall provide access to and from the site. The planning commission or the director may allow the use of sharrows at their discretion where traffic control measures such as speed bumps are incorporated into the travel lane.

e.

Pedestrian connections between buildings, landscaped islands, park areas, or other pedestrian resting areas shall be provided as safe, broad and easily identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show the space is primarily dedicated to pedestrian traffic through the use of raised or alternative surfaces, signage or raised landscaped islands that may serve as a safe resting area for pedestrians between automobile travel lanes.

(Ord. No. 13-19, § 2, 12-9-2013; Ord. No. 22-02, § 1, 2-7-2022)

(a)

Findings. The town herein makes the following findings relative to the Quonset Business Park (QBP):

(1)

The QBP is established through unique state legislation for the primary purpose of large-scale economic development.

(2)

The Quonset Development Corporation (QDC), as steward of the QBP, has developed a vision to achieve sustainable economic development through its master land use and development plan (master plan).

(3)

The QDC has developed the Quonset Business Park Development Package to establish review processes and standards for development proposals. These processes and standards are consistent with the vision laid out in the master plan.

(4)

The success of the QBP is an integral part of the town's overall fiscal and economic viability as a provider of tax revenue and jobs.

(5)

The town comprehensive plan provides clear language requiring careful consideration of how these lands are developed and the necessity of first avoiding, then minimizing, then mitigating impacts to the environment, the town's infrastructure, and town residents.

(6)

All development proposals shall be consistent with the provisions of the town comprehensive plan, the performance standards listed below, and the QDC development package as amended.

(7)

The town and QDC shall execute and maintain a memorandum of agreement that ensures amendments to QDC regulatory standards can be reviewed and approved by the town with adequate due process before they are adopted by the QDC board of directors. The town may terminate this memorandum of agreement at any time and for any reason (or no reason at all) by providing 90 days advanced written notice to QDC, in which event the memorandum of agreement shall terminate and the town may amend the zoning ordinance as appropriate.

(8)

The town is represented at QDC by two appointees to the board of directors, and shall be represented by two members of the five-member technical review committee (TRC).

(b)

Purpose and intent. The QBP district is established as a mixed use center for economic activity, which may be supported by residential use and recreational opportunities. Due to the presence of significant infrastructure including access highways, a general aviation and military airport, a wastewater treatment facility, freight rail, a working waterfront, and public water supply, the QBP district is uniquely suited to accommodate a high density mix of uses. These uses will potentially include standard commercial (retail/office), light and heavy industry, open space and recreation, water-dependent use, freight transport, energy generation, and transit-oriented development. It is the intent of this district to facilitate the development of these uses through a unique relationship between the town and QDC. The QBP is a performance-based development district that will focus on facilitating economic development that recognizes, is protective of, and is consistent with the overall community planning objectives of the town.

(c)

Relationship to the local zoning standards and administration. Development proposals in the QBP shall be reviewed under the procedures and standards located in the Quonset Business Park Development Package (September 2005, amended in September 2008, and as subsequently amended consistent with the memorandum of agreement dated December 15, 2010, and as subsequently amended). Development proposals within the QBP shall comply with the performance standards contained within subsection 21-100)(f) of this zoning ordinance. Development proposals within the QBP are not subject to other design standards, processes, or other limitations set by this chapter including the land use table, dimensional regulations, parking requirements, inclusionary zoning, signs, development plan review, and any other provisions that may conflict with those processes and standards provided in the Quonset Business Park Development Package.

(d)

Relationship to comprehensive plan standards. All development proposals shall be consistent with the goals, objectives and actions within the comprehensive plan.

(e)

District boundary. The boundary of the QBP district is depicted on the official map entitled "Quonset Zoning District Official Map" located on file with the town clerk, dated (the day of adoption) and signed by the president of town council. Where any conflicts in zoning district designation may exist between the official map and descriptions provided as part of section 21-363, the designation provided by the Quonset zoning district map shall prevail. Any amendments to this map shall follow the procedures contained in section 21-19 of this chapter.

(f)

Performance standards. Construction activities and resulting land uses in the QBP district shall conform to the following performance standards:

(1)

Residential districts and neighborhoods that abut the QBP shall be protected from the impacts of uses within the QBP through the careful location, design and buffering of non-residential uses on QBP lands.

(2)

Buffers created for the protection of residential districts and neighborhoods shall be designed to maximize visual screening and minimize impacts from noise, glare, pollution, odor and heat transfer through the use of best buffering and mitigation practices which may include berms, structural barriers and non-invasive resilient plant species.

(3)

Selection of allowed uses shall consider potential impacts from noise, heat, glare, air quality, traffic or other standards enumerated in the development regulations on residential areas and shall be performed in a manner that precludes the possibility of any use causing a nuisance to residential areas under regular operations.

(4)

Parking areas shall be designed to avoid more parking spaces than is reasonably required by the use.

(5)

Parking areas shall incorporate landscaping in a manner that improves visual appeal by breaking up long stretches of pavement, utilizing landscaping to treat stormwater where appropriate, and providing shade to reduce the heat island effect.

(6)

Development proposals shall take into account the availability of water supply, the ability to adequately treat and dispose of wastewater, and the ability to provide adequate circulation for daily traffic demands.

(7)

Access to the bay shall be provided in a manner consistent with the QDC public access plan approved by CRMC.

(Ord. No. 11-01, § 2, 1-10-2011)

(a)

Property and buildings to be used for industrial purposes shall be so designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, planting, suitably located points of traffic ingress and egress, and areas for loading and parking. It is the intent of this section to also provide the necessary protection for industry from other neighboring uses and to provide assurances of continued legal operation to industrial uses. The primary vehicle used to achieve these goals will be the establishment and use of performance standards.

(b)

All uses permitted in industrial zones shall conform with performance standards in this section. These shall include uses involving the processing, assembly and fabrication of materials; accessory uses; wholesaling and warehousing; public utilities; research facilities; corporate offices; shipping; and the extraction of natural resources.

(c)

A solid waste management facility shall be a prohibited use in an industrial zone.

(Rev. Ords. 1974, § 17-5-1; Ord. No. 85-5, § 2, 2-11-1985; Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998)

(a)

Purpose and intent. The purpose of the light industrial district is to provide opportunities for industrial uses which are of a less intensive nature than those allowed in the general industrial district. It is also intended to provide for industrial areas in groundwater recharge overlay or wellhead protection overlay districts or areas where sanitary sewers are not available. These types of areas are intended to serve as a transition from more intensive to less intensive uses.

(b)

Performance standards. In the light industrial zone, the standards in this subsection will be applied during the review of land uses proposed for this zone. Such standards are considered to be minimum and in addition to any other performance standards contained within this chapter. Such standards are established to ensure the protection of surrounding land uses and implementation of the comprehensive plan and this chapter. The performance standards are as follows:

(1)

Noise. Noise shall be measured from the nearest property line and shall not exceed, other than background noises produced by nonindustrial sources such as vehicular traffic, the following levels:

a.

At all times .....65 dBA

b.

When abutting a residential district: .....

1.

8:00 a.m. to 10:00 p.m. .....60 dBA

2.

10:00 p.m. to 8:00 a.m. .....50 dBA

(2)

Vibration. Vibration shall be measured from the nearest property line and shall not be discernible to the human sense of feeling other than background vibration produced by nonindustrial sources such as vehicular traffic.

(3)

Odor. Light industrial uses shall not emit noxious, toxic or corrosive fumes or gases in any quantity.

(4)

Fire and explosives. All uses and storage facilities shall be approved by the town fire marshal with regard to fire and explosive hazards.

(5)

Heat or glare. Any heat or glare produced by any operation or use shall not be discernible from any property line. Exterior lighting shall reflect away from all abutting properties and streets.

(6)

Waste or effluent. There shall be no discharge of any kind into the ground other than domestic sewage.

(7)

Conduct of activities. All land use activities in a light industrial zone shall be conducted indoors, except for outside storage permitted by this chapter.

(8)

Buffers. Buffer requirements are set out in subsection 21-112(b).

(Ord. No. 98-7, 5-11-1998)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The purpose of the general industrial district is to provide opportunities for a wide range of industrial activities. The intent is to concentrate industrial activities in areas where minimal infringement upon the character of established residential areas will result and where sanitary sewers and adequate transportation facilities are available or can be made available.

(b)

General requirements. General requirements are as follows:

(1)

Fences; screens. Where a lot in an industrial district adjoins a residential district or faces a residential district and wherever an industrial building or use, including required off-street parking spaces, is within 200 feet of the residential district, there shall be placed and maintained parallel to the common district boundary a wall or fence of solid appearance or a plant screen of not less than six feet in height which shall extend along and for the full length of the common zone boundary. In any required front or principal corner side yard or within 25 feet of the intersection of a driveway centerline and a street, the landscaping provisions of this chapter shall be met.

(2)

Buffer requirements at Quonset Point. Notwithstanding subsection (b)(1) of this section, a vegetated buffer of no less than 25 feet in width shall be required along any lot line wherein an industrial district in the Quonset Point/Davisville Industrial Park adjoins a residential district. Such vegetation shall be no less than six feet in height and shall consist of species designed to provide protection from the visual and noise impact of industrial use.

(Ord. No. 98-7, 5-11-1998; Ord. No. 01-1, § 7, 2-12-2001)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.

(a)

Purpose and intent. The purpose of the waterfront industrial zoning district is to provide opportunity for marine-related and marine-dependent industries which require deepwater facilities.

(b)

Setback from coastline. No building or structure shall be closer than 200 feet to the coast of the shore except for piers, docks, floats and marine railways and other facilities normally requiring a location on or adjacent to the shore.

(Ord. No. 98-7, 5-11-1998)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.