North Smithfield City Zoning Code

Additionally, there are three overlay districts. Groundwater Aquifer, Historic, and Solar Photovoltaic Overlay. Overlay district use regulations shall take precedence over the regulations of the underlying zoning district. All other provisions of the underlying zoning district which are not superseded by these overlay districts shall remain in full force and effect.

Each of the overlay zoning districts established by the provisions of this chapter was created with a specific intent as follows:

Groundwater Aquifer Protection Overlay District (GAP). This overlay district, which is shown on the North Smithfield Groundwater Aquifer Protection Overlay District Map (2012) on file in the office of the Town Clerk, and includes all land in the Town identified as a groundwater reservoir, groundwater recharge area, water supply basins (GAA classification), community wellhead protection areas, and Town-owned nontransient, noncommunity wellhead protection areas (schools), is established to fulfill the purposes of Article XV, Water Supply Protection Overlay District. Said map is hereby declared to be part of this chapter.

Historic District Overlay Zone (HD). This district is established to preserve structures of historic or architectural value as defined in Article IX, Historical District.

Solar Photovoltaic Overlay District. See § 340-3.20, Purpose, of Article VII.

§ 340-3.2 Intent of each zoning district.

[Amended 4-1-2019]

Each of the underlying zoning districts established by the provisions of this chapter are created with specific intent as follows:

Rural Estate Agricultural (REA). This District is established to provide protection to areas where the conservation of water bodies and streams are of significant importance, where development may be threatened by flood, or would increase the danger of flood elsewhere and where limited agricultural pursuits and low-density residential uses are compatible with open space objectives.

Rural Agricultural (RA). This District is established to allow limited, orderly growth in areas where facilities necessary for intensive, urban-type development appear unlikely in the near future. It is designed to permit some conservation objectives, many agricultural pursuits and to allow the orderly transition from agriculture to low-density residential use. Conservation development by design and the placement of structures which may facilitate more efficient rezoning in the future is strongly encouraged within the district.

Residential - Suburban (RS). This District is established to provide areas where medium-low-density residential uses now appear feasible because community facilities such as public water or sewers are likely in the foreseeable future.

Residential - Urban (RU). This District is established to provide for a somewhat broader range of urban housing types and for higher residential densities. It is anticipated that facilities necessary for urban living will service most of these districts within the near future.

Business - Neighborhood (BN). This District is established to provide areas for the retailing of convenience goods and furnishing of some personal services. It is primarily intended to serve the day-to-day needs of persons living nearby, although the secondary function of serving community-wide needs is also permitted.

Business - Highway (BH). This District is established to provide areas for commercial establishments that depend primarily on a great volume of vehicular traffic. Typical uses include those which offer accommodations and services to motorists, specialized retail outlets, and commercial amusement enterprises.

Limited Commercial (LC). This District is established to provide areas for commercial establishments, light industry and office uses. It is intended to serve community-wide needs and accommodate specialized retail and wholesale establishments which require outdoor storage of materials.

Manufacturing (M). This District is established to provide areas suitable for industrial development, research and certain transportation, storage and utility uses. In addition, certain commercial services catering primarily to the needs of industry and its employees are permitted. In order to maximize the potential of this District, incompatible uses which require extensive improvements are not permitted.

Mixed Use - Commercial (MU-1). This District is intended to provide for compact, planned-village mixed use development of a village nature with existing commercial, but not big-box retail, with a mix of small-scale businesses such as restaurants, coffee shops, bookstores, retail shops, and service industries.

Mixed Use - Industrial (MU-2). This District is intended to provide for compact, planned-village mixed use and light industrial development where buildings should be clustered, campus-style, around shared open space amenities, with parking located to the side and rear of structures.

Open Space (OS). This District includes properties owned by the Town, state or federal government presently used for public recreation or conservation purposes. It also includes quasi-public or privately owned land where development rights or conservation easements have been conveyed, or for which there is a reasonable expectation of long-term use for open space conservation or recreation, such as Audubon Society or North Smithfield Land Trust lands. Certain limited residential, recreational, agricultural, and educational uses are permitted.

§ 340-3.3 Interpretation of District Use Regulations Table.

The status of uses which appear in the District Use Regulations Table vary from district to district as indicated by the symbol appearing under the appropriate column heading. The interpretation of symbols shall be as follows:

Y - The use is permitted by right.

S - The use may be permitted as a special use under the provisions of Article VI of this chapter.

Y_T - The use shall be permitted under provisions of this chapter for a limited time as customarily appropriate to the use, not to exceed one year.

N - The use is not permitted

Where any proposed use is not listed in this section or in Article XXXV, Terminology, it shall be the duty of the Building/Zoning Official to determine if the use is substantially similar to any existing use. If the Officer determines that the proposed use is not substantially similar to any existing use, then such use shall be prohibited in all zoning districts. A decision of the Officer, either to classify a proposed use within an existing use contained in the Table below or to prohibit the use, shall be appealable to the Zoning Board as set forth in Article XXII.

Uses permitted by right or by special use must also comply with all other aspects of this chapter, such as the dimensional regulations and on-site parking requirements. Environmental constraints and infrastructure limitation may further restrict a parcel's buildout and use. For example, the minimum lot areas listed in the Table may not be adequate in certain cases to meet state standards for on-site sewage disposal; a larger lot area may be specified by the Department of Environmental Management as part of the approval of an individual septic disposal system.

Uses listed in the District Use Regulations Table may also be governed by the Groundwater Aquifer and Historic Overlay Districts or by the provisions of Article XIV, Special Flood Hazard Areas. Any uses involving materials having a health hazard rating of 2, 3, or 4 or a flammability hazard rating of 1, 2, 3, or 4 as defined by NFPA 325M shall require a special use permit.

Uses permitted by right involving the construction of multiple uses or units will require review approval by the Planning Board as a land development project. The process associated with the review and approval of a land development project is contained in the Town of North Smithfield's Land Development and Subdivision Regulations.[1]

Editor's Note: See also Ch. 212, Land Development.

§ 340-3.4 District Use Regulations Table.

[Amended 4-1-2019]

The District Use Regulations Table is included as an attachment to this chapter.

§ 340-3.5 District dimensional regulations.

[Amended 4-1-2019]

Note: Part 4, Article VI, and § 340-5.20, where applicable, contain certain provisions, modifications, and limitations to the following dimensional regulations.

Residential districts. The district regulations for residential districts is included as Attachment C to this chapter.

Nonresidential districts. The district regulations for nonresidential districts is included as Attachment C to this chapter.

Land unsuitable for development. "Land unsuitable for development" means land which has severe or very severe limitations for development. The following regulations shall apply to proposed future residential lots in 1) a conservation development and 2) a conventional development. Nonresidential lots and lots created for the purpose of development prior to the effective date of these amendments shall not be subject to the provisions of this subsection.

Land unsuitable for development includes the following areas:

Freshwater wetlands, including that area of land ("perimeter wetland") within 50 feet of the edge of any bog, marsh, swamp, or pond, as defined in the rules and regulations governing the administration and enforcement of the Fresh Water Wetlands Act, adopted pursuant to R.I.G.L. § 2-1-20.1, as amended.

Water bodies.

Areas within a 100-year flood zone, as defined by FEMA.

Land within the right-of-way of any existing or proposed public or private street.

Land within any publicly or privately held easement on which aboveground or below-ground utilities, including but not limited to electrical transmission lines >69 kV, are constructed.

Cemeteries.

Lots in a conservation development. When calculating the number of building lots or dwelling units in any conservation development, lots intended for single-family dwellings that are shown on a Conventional Yield Plan as provided in Section 4-1(H) of the Land Development and Subdivision Regulations (The Basic Maximum Number of Dwelling Units), must contain the minimum contiguous developable lot area exclusive of land unsuitable for development as follows:

Zoning District	Minimum Contiguous Developable Lot Area (square feet)
RU-20	20,000
RS-40	40,000
RA-65	65,000
REA-120	120,000

Lots in a conventional development or subdivision. Lots in any conventional subdivision, in any residential zoning district, shall contain at least the minimum contiguous developable lot area required by § 340-3.5C(2) as land suitable for development (exclusive of land unsuitable for development).

§ 340-3.6 Application procedures for special use permits.

Except in the case of shopping centers and multifamily dwellings, apartments, which are covered in §§ 340-3.14 and 340-3.15, respectively, an applicant for a special use permit shall pay the necessary fee at the time he presents all required exhibits, plans, and other required data to the Building/Zoning Official. The Building/Zoning Official shall review the application, pointing out any possible conflicts. If the application is in compliance, the Building/Zoning Official shall issue duplicate applications for a certificate of zoning compliance. The Building/Zoning Official shall return one copy of the completed application for a certificate of zoning compliance to the applicant along with all exhibits, plans, and other required data.

Should the Building/Zoning Official determine that a special use permit is required, the Building/Zoning Official shall then deny the applicant building permits or the certificate of zoning compliance and refer the applicant to the Board. The Building/Zoning Official shall file the duplicate application for the certificate of zoning compliance as a public record.

§ 340-3.7 Application requirements.

The application for a special use permit, variances and appeals shall be accompanied by the following:

A letter, including the names and addresses of property owners of record (applicants), specifically indicating the portion of this chapter under which the special use permit, variance and/or appeal is sought and stating the grounds on which it is requested. A list of property owners within 200 feet of the property in question shall accompany the letter.

A radius plan of the site and of the surrounding area within 200 feet of the perimeter of the site drawn at a scale of one inch to 50 feet showing a North arrow; designating existing streets, easements, monuments, stone walls, wooded areas, drainage features and contours; railroad and utility rights-of-way; the location of any subdivided lands; and the location of any parks, other public open spaces or uses, residences, and other permanent structures. Sites encompassing large areas may use a radius map to a smaller scale than one inch to 50 feet provided the specific area for which the special use or variance is being requested is at a scale of one inch to 50 feet.

All plans submitted shall be stamped by a registered or licensed land surveyor or civil engineer with similar information showing the proposed development of the site.

The Board and the Building/Zoning Official may require any additional information they deem necessary.

§ 340-3.8 Standards for designated special use permits.

To accomplish the general purposes of this chapter, certain of the uses requiring a special use permit under the provisions of this chapter need further consideration because they are somewhat unique, highly specialized, or often present difficult zoning administration or enforcement problems. The effects of such uses on the surrounding environment often cannot be foreseen until a specific site has been proposed. It is also characteristic that such uses often require large land areas. The following supplemental regulations and standards have been designed in order to achieve more compatibility between such uses and neighboring development. The Board may also impose additional requirements in the public interest to cover circumstances unique to the selected site.

§ 340-3.9 Accessory uses.

The location, size and intensity of accessory uses which require special use permits shall be restricted and determined in relation to the effects of such uses upon the environment, including effect upon traffic. In no such case shall such an accessory use predate the installation and operation of the principle use. When the principle use ceases to operate, the accessory use shall immediately cease.

§ 340-3.10 Drive-in theaters, summer theaters, and amphitheaters.

The site shall contain at least five acres.

The site shall have direct access to a public street.

All structures shall be set back at least 100 feet from any street or boundary line. Viewing areas and seating areas shall be set back at least 50 feet from any street or boundary line.

All parking areas and accessways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.

Off-street parking spaces shall be provided in accordance with the provisions of this chapter.

The following accessory uses may be permitted as incidental to and limited to patrons of the principle use:

Amusement park, kiddy land (noncommercial).

Refreshment stands or booth.

For any drive-in theater:

The theater screen shall be shielded in such a manner that the projected image cannot be observed from highways with state route designations within 2,500 feet.

Off-street space for automobiles or patrons awaiting admission to the theater shall be equal to 20% of the capacity of the viewing area. All entrances and exits shall be designed to provide one-way traffic patterns.

§ 340-3.11 Fairgrounds or exposition grounds.

A site shall contain at least 20 acres and shall have direct access to a public street.

All structures shall be set back at least 50 feet from a lot line.

Adequate vacant area must be available on the site to provide parking space sufficient to handle all anticipated crowds.

Accessory uses consistent with the use of the grounds shall be permitted to the extent that they do not constitute a general retail sales outlet.

§ 340-3.12 Utility structures.

Public and private utility structures not specifically permitted as a matter of right in the various zoning districts, pertaining to water, sewage, gas, telephone, and electric utilities, and police, fire, radio, and television stations, including broadcast antennas may be permitted as a special use.

Fencing and screening. If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.

Waterworks and sewerage treatment plants. Application for waterworks or sewerage treatment plants shall be accompanied by a report and a recommendation from the appropriate governing agencies. Such recommendation as to design and construction type of treatment, source of water, standards for the quality of effluent shall be recorded in the minutes of the Board.

§ 340-3.13 Extraction of earth products.

As a condition precedent to the issuance of a license pursuant to Chapter 156, Earth Removal, § 156-5, of this Code, Zoning Board of Review approval of a special use permit for earth removal must be obtained. Earth removal shall mean the extraction, quarrying or removal of any soil, loam, sand, gravel, clay, shale, or other earth material from deposits of any tract of land on which it is found. Excluding, however, earth removal:

Less than 10 cubic yards of material in the aggregate in any year from any lot;

In grading land for construction of a roadway;

For a subdivision in accordance with a plat plan or plans approved in accordance with an ordinance of the Town, or any duly authorized board of authority thereof, or for the construction of a building for which a building permit has been issued; provided, however, that the removal of such material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance does not exceed that actually displaced by the portion of such buildings, structures, streets, driveways, sidewalks, or paths or other appurtenances below finished grade.

Except as otherwise provided herein, as a condition precedent to granting of a special use permit pursuant to this subsection, the applicant for such special use permit shall submit to the Zoning Board of Review for their approval thereof:

Site plan. A site plan at a scale of not less than 100 feet to the inch and with contours of not more than five feet, prepared by a registered engineer, land surveyor or landscape architect and setting forth:

Lot lines, ownership, abutters, adjacent public streets, watercourses, existing contours at intervals of not more than five feet and location plan at a scale of not less than 400 feet to the inch;

Proper provision for vehicular traffic, service roads, control of entrances and exits to highways;

The relation of temporary and future buildings and operations machinery to the removal areas; delineation of removal areas and depths with estimates of cubic yards of material to be removed; fencing; method of removal; distance of excavation to street and lot lines.

Restoration plan.

A restoration plan prepared by a registered engineer, land surveyor or landscape architect at the same scale required for the site plan in Subsection B(1) above and setting forth:

The existing contours of the tract of land with a contour interval not exceeding five feet, based upon classifications of preliminary samples of the material to be removed;

The final contours of the tract of land with a contour level not exceeding five feet upon completion of earth removal operations; and

The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided, however, if suitable fertile ground cover existed at the beginning of earth removal, enough of said ground cover to be held in reserve and reapplied for a minimum thickness of three inches.

The said land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is, therefore, required that:

Any land restoration plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as necessary as the existing physical character of the removal area changes;

The land restoration plan or any part thereof which reasonably applied to an area shall be put into effect within one year of cessation of normal earth removal operation and completed by the timetable of the restoration plan.

The decision of the Building/Zoning Official shall be final in determining when a restoration plan shall be put into effect, either on the entire site or any portion thereof.

Operating conditions.

Hours. Earth removal operations shall be limited to the hours between 7:00 a.m. and 6:00 p.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except a legal holiday) and earth removal on Sunday and on any legal holiday or for the hours prior to 7:00 a.m. or after 6:00 p.m. may be authorized by the Building/Zoning Official for emergency purposes only.

Initiation or lateral expansion. The initiation or lateral expansion of earth removal is hereby prohibited:

Within 200 feet of a public road;

Within 200 feet of neighboring lot lines.

Fencing. Fencing shall be required of those portions of the boundary of the tract of land upon which earth removal is being conducted adjacent to zoned residential property, such fencing to be six feet in height and effective to control access to the area in which such earth removal is being conducted. When an excavation will have a depth of more than 15 feet with a slope in excess of one to two, a fence at least six feet high shall be erected to limit access to this area.

Reduction of dust; recording instruments.

Calcium chloride or oil shall be applied to reduce dust and mud on all nonhard surfaced roads to be used for vehicular ingress or egress to the tract of land on which earth removal is to be conducted.

Where deemed appropriate by the Board, the installation, maintenance, and operation by the applicant of continuous recording instruments is required to measure the effectiveness of all equipment used for drilling, digging and hauling, to control or lessen noise, vibration, smoke, water pollution, odors, fly ash, dust, fumes, vapors, gases, and other forms of air pollution, toxic gases, heat, glare and fire or other safety hazards, and the Board also may require that such recording instruments be tested at reasonable intervals under the direction of the Building/Zoning Official to determine their accuracy.

When the Director of Health determines specific dates, on a yearly basis, relative to seasonal changes in highest groundwater table elevation, such dates may be used by the Building/Zoning Official. When groundwater determinations are made outside the wet season and percolation tests are required, such percolation tests shall follow the percolation test procedure as set forth in the RIDOH regulations (R-23-SD 14.00-pl a.b.c.d.e.f. and SD 14.02). Where "proposed subsurface seepage system" is used in RIDOH regulations, "excavation of earth material" shall be substituted.

Drainage; groundwater table elevation; permanent water bodies.

Drainage shall be provided to prevent the permanent collection and stagnation of surface waters or underground waters, and to prevent the flooding and erosion of surrounding property and the pollution of ponds and streams.

Earth removal shall not encroach closer than four feet to the groundwater table. Groundwater table elevation determinations shall be made on all land from which earth products will be removed. Procedures for groundwater table elevation determinations shall be made in the same manner as required by the Department of Health in the "Rules and Regulations Establishing Minimum Standards Relating to Location, Design Construction and Maintenance of Individual Sewage Disposal Systems" (R23-1-SD15.00-01 and 02). Where "subsurface seepage system" is used in the D.O.H. regulations, "excavation of earth removal" shall be substituted. Where "director" or "agent of the director" is used in the D.O.H. regulations, "Building/Zoning Official" shall be substituted.

Permanent water bodies shall not be created as a result of earth removal activities. The Building/Zoning Official or his appointed designee shall witness all percolation and groundwater determinations and shall certify to the accuracy of technical data recorded. Any changes in such D.O.H. regulations relative to groundwater level determination and percolation tests from time to time shall be considered part of this section.

Off-street parking; posting of signs; access roads; truck routes.

Off-street parking shall be provided and utilized by all related vehicles.

Any access to excavated areas or areas in the process of excavation shall be adequately posted with "keep out - danger" signs.

Access roads shall be constructed with a curve so as to help screen the operation from public view.

All trucking routes and methods shall be subject to the approval of the Chief of Police, and such routes cleaned, repaired and/or resurfaced by the earth removal operator where such is required by the Town Council.

Explosives. The use of explosives shall be in accordance with the regulations for storage or handling of explosives as set forth by the State of Rhode Island.

Certificate of compliance. A certification by a registered engineer, landscape architect or registered land surveyor that completion of earth removal operations complies with the restoration plan.

Noncompliance. If the plan set forth in Subsection B(2) above is not complied with, the Town is authorized and empowered to undertake and complete such plan and the owner of said tract of land shall reimburse the Town and the Town shall have a lien on said tract of land for such expenses.

Bond. A bond surety required per acre of said tract of land to insure compliance with the restoration plan and reasonable additional amounts as required by the Zoning Board or Town Council to insure repair to Town roads for damage by any hauling operations.

§ 340-3.14 Shopping centers.

The purpose of this section is to encourage the effective and timely development of land for commercial purposes in accordance with the objectives and policies of the Comprehensive Plan, to assure suitable design in order to protect the property values and the residential environment of adjacent neighborhoods, and to minimize traffic congestion on the public streets (see Article XXV, Site Plan Review).

Procedure. Prior to submitting an application for a shopping center to the Board, development plans shall be submitted to the Planning Board for site plan review. Subsequent to receiving site plan approval, the applicant shall submit approved site plans and supporting documentation to the Board. The Board shall hold a public hearing in accordance with Article XX and shall grant or deny the special use permit. Strict adherence to the conditions set by the Planning Board and the Board are necessary for issuance of certificates of zoning compliance and building permits. Such building permits must be requested within one year of the date of Board approval. The Board may extend its approval for one year periods after public hearings for good cause shown.

Development standards.

Permitted uses. Any nonresidential use permitted in the BN or BH Zone is permitted as a principal use of land in a shopping center.

Site area. A shopping center shall be located on a parcel of land having an area of at least 10 acres.

Maximum lot coverage. The total ground area occupied by all principal buildings, together with all accessory buildings, shall not exceed 25% of the total area of the parcel of land.

Height restriction. No principal building shall exceed 30 feet in height; no accessory building or other structure shall exceed 20 feet in height. Sign heights shall be regulated by § 340-4.26 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Building setback line. Each land parcel shall have a building setback from all street lines of at least 80 feet. A strip 20 feet deep along the street line shall be maintained as a continuous landscape buffer strip except for accessways. The remaining area may be used for parking.

Side and rear yards. The parcel of land shall have side and rear yards of at least 50 feet in width. A strip 20 feet in width or depth along side and rear lot lines shall be maintained as a landscaped buffer strip. The remainder of the area may be used for parking.

Special buffer requirement adjacent to residential areas. Along any boundary line adjacent to a residential area, a buffer yard shall be at least 100 feet in depth, measured from the property line to a parking area.

Access and traffic control.

Access barrier. A shopping center shall be physically separated from each adjoining street by a curb or other suitable barrier against unchannelled motor vehicle ingress and egress. Such barrier shall be located at the edge of, or within, a twenty-foot deep strip along the property line. Except for the accessways permitted by Subsection B(8)(b)[2] below, the barrier shall be continuous for the entire length of the property line.

Accessways. A shopping center shall have not more than one accessway for ingress and one accessway for egress on any one street unless unusual circumstances demonstrate the need for additional access points. Each accessway shall comply with the following requirements:

The width of any accessway leading to a public street shall not exceed 25 feet at its intersection with the property line. Curb returns shall have a minimum radius of 30 feet.

At its intersection with the property line, no part of any accessway shall be nearer than 100 feet to the intersection of any two street right-of-way lines, nor shall any part be nearer than 50 feet to any side or rear property line.

The location and number of accessways shall be so arranged that they will reduce traffic hazards as much as possible.

Off-street parking areas. All off-street parking spaces and servicing drives shall be located within the boundaries of the property being developed as a shopping center. Off-street parking spaces shall be provided at the rate of at least three square feet of parking area to one square foot of gross floor area. Individual parking stalls shall be a minimum of 180 square feet. Spaces provided behind the stores or shops shall not be considered usable by the public and shall not be considered in calculating the minimum space required; provided, however, that if the shopping center is so designed that all of the shops and stores face upon a central mall and all sections of the parking area are provided with adequate connecting internal drives, the location of parking areas may completely surround such shops and stores.

Off-street loading. Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of 26 feet wide and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers. The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading and unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked.

Lighting. All parking areas and accessways shall be flood lighted at night during business hours. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or residential properties.

(12)

Waste pens. Each building shall be provided with an enclosed and covered waste pen of sufficient size to accommodate all trash and waste stored on the premises.

(13)

Trash burners and incinerators. There shall be no trash burner or incinerator or any burning of trash on the premises.

Application requirements. In addition to the general application requirements, the applicant shall furnish the following information and exhibits concerning his proposed development:

Ownership. All land in the proposed shopping center shall be in either single ownership or in unified control and shall contain no public streets or alleys. A shopping center site shall not lie on two sides of a public street or alley.

Financial statement. An applicant's current financial statement.

Existing conditions. A suitable sketch showing:

Boundary line of the proposed shopping center and the total acreage encompassed thereby.

The size and location of existing sewers, water mains, culverts, manholes and other underground facilities within the tract.

Generalized contour lines.

Location, widths and names of all existing or prior platted streets, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, and municipal boundary lines, within 500 feet of the tract.

Proposed conditions. Preliminary sketches showing the following:

Location, general layout and dimensions of principle and accessory buildings;

Architectural sketches of the proposed buildings;

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

Traffic circulation within the confines of the shopping center;

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

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

Location and dimensions of pedestrian entrances, exits, walks, and walkways;

Drainage and sanitary systems.

Preliminary site plan submission. A preliminary site plan for the development of such property shall be presented to the Planning Board for review. The preliminary site plan, which may be shown on separate sheets, shall show the following, together with the appropriate dimensions:

Proposed name of shopping center;

Names and addresses of applicants and designer who made the plan;

Location of legal description;

Boundary line of proposed shopping center indicated by solid line, and the total acreage encompassed thereby;

Location, width, and names of all existing or prior platted streets, railroad and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, and municipal boundary lines, within 500 feet of the tract;

North arrow;

Scale of plan, one inch to 50 feet;

Plan completion date;

Contours of two foot intervals;

(j)

Existing and proposed sewers, water mains, culverts, and other underground facilities and utilities within the tract, indicating pipe sizes, grades, manholes, and location;

(k)

The stages, if any, to be followed in the construction of the shopping center;

(l)

Location and general exterior dimensions of principal and accessory buildings;

(m)

Preliminary architectural drawings for all buildings;

(n)

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

(o)

A traffic flow map showing circulation patterns within the confines of the shopping center;

(p)

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

(q)

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

(r)

Location, and dimensions of pedestrian entrances, exits, and walks;

(s)

Drainage and sanitary system;

(t)

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

(u)

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

(v)

Location, size, height and orientation of all signs other than flat signs on building facades;

(w)

If it is proposed to restrict signs or to establish an association of merchants by means of lease provisions or covenants, the text of such provisions.

Action on the preliminary site plan. Not more than 60 days after receipt of the preliminary site plan, the Planning Board shall determine whether the proposed shopping center would comply with all the requirements of this chapter and if so, shall approve the preliminary plan and the final plan may be filed, or:

Notify the applicant in writing how the plan must be amended to comply with the requirements of this chapter. The applicant may, within 30 days thereafter or within such further period as may be agreed to by the Planning Board, submit an amended preliminary plan containing the required changes. If an amended plan is not filed within the prescribed period, the original preliminary plan shall be considered disapproved. If an amended preliminary plan is filed within the prescribed period, the Planning Board shall approve or disapprove the plan with 30 days after the date of the filing, or within such further period as may be agreed to by the applicant; or

Notify the Zoning Board and the applicant in writing that the plan does not comply with the requirements of this chapter, and is not susceptible to amendment. The applicant may then apply to the Board for a review of the Planning Board decision.

Final site plan submission. Within one year after approval of the preliminary site plan, the applicant shall submit to the Planning Board a final site plan of either 1) the entire shopping center or 2) the first stage of such center that is to be constructed. Such plan shall include appropriate dimensions, shall contain all information required by this chapter for a preliminary plan, shall contain final architectural drawings for all buildings included in the final site plan, and shall contain any additional information required by the Planning Board.

Stage construction. If the development of the shopping center is to be carried out in progressive stages, each stage shall be so planned that the requirements and intent of this chapter shall be fully complied with at the completion of each stage. No final plan for the initial stage of development of any shopping center shall be approved unless such stage comprises of total ground floor area of at least 25,000 square feet and at least three of the designated principle uses.

Action on the final site plan; compliance with preliminary site plan. No more than 30 days after receipt of a final site plan for a shopping center or for any stage thereof, the Planning Board shall determine whether such final plan is in compliance with the preliminary plan as approved. If the final plan is determined to be in compliance, and if all applicable requirements of this subsection are also complied with, the Planning Board shall recommend approval of the final plan to the Zoning Board. The Zoning Board may then direct the Building/Zoning Official to issue the necessary permits. In all other instances the Planning Board shall recommend disapproval of the final plan and shall so notify the applicant in writing. The applicant may then apply to the Board for a review of the Planning Board decision. If the final plan is disapproved because of noncompliance with the preliminary plan, the final plan may thereafter be submitted to the Planning Board as an amended preliminary plan. The procedure for consideration of an amended preliminary plan shall be the same as that for an original preliminary plan.

Change of final site plan. If the applicant wishes to make an amendment to an approved final plan, a written request shall be submitted to the Planning Board. If, in the opinion of the Planning Board, a requested change is sufficiently substantial, the Planning Board shall require the submission of an amended final plan. The procedure for the consideration of such written request or of such amended final preliminary plan shall be the same as that for the consideration of a final plan.

§ 340-3.15 Multifamily dwellings; apartments.

The purpose of these regulations is to allow, in residential areas, the development of multifamily dwellings and apartments which may utilize the natural amenities of the site to a greater extent; provide more varied housing types which are harmonious with neighboring residential uses; and will not overwhelm existing and planned community facilities and services. No multifamily structure(s) and apartment(s) shall be erected except in conformance with standards herein.

Development standards.

Building design and location. Where more than one principal structure is erected on a lot, it shall be set back a minimum of 25 feet from interior ways, 15 feet from parking areas, and 20 feet from other principal structures.

Attached dwellings (row houses, townhouses, etc.). No contiguous row of attached dwellings shall number less than three dwelling units, nor more than eight units, and minimum width of individual units shall not be less than 20 feet.

Apartments. No portion of the upper half of the lowest habitable floor shall be set below ground level. No principal structure may be less than 60 feet in length; nor be of such a configuration that it would extend beyond a 150-foot square.

Water. Municipal water shall be available at the site in sufficient quantity.

Sewer. Municipal sewers shall be required. The Town shall reserve the option to require higher standards than those of the Rhode Island Department of Health and may exercise same in unsewered areas if competent engineering data indicates this to be advisable.

Parking. All parking shall be at the side or rear of the structure for which it is intended and all parking spaces shall be paved. No parking shall be allowed within 25 feet of any lot line. No row of parking spaces shall exceed 100 feet without a landscape separation of at least 10 feet in width. There shall be a separation of at least 10 feet between rows.

Interior streets. All interior streets shall be paved a minimum of 25 feet in width and be free of obstructions and parking spaces. Right-of-way widths of collector streets shall have a minimum fifty-foot width; thirty-six-foot minimum for all others.

Road and parking area construction. All areas, whether for public or private use which are paved for vehicular purposes, shall be constructed in accordance with Town subdivision regulations.

Access and egress. On any one street there shall not be more than one opening for access or egress at 500-foot intervals.

Open space dedication. Open space dedication to the public, if required, shall not exceed 5% of the site area.

Natural site amenities. Developers shall preserve the maximum amount of natural site amenities required by the Town, such as wooded areas, streams, and overlooks. The Town may require as a precondition for building permits, restoration of natural areas indiscriminately cleared prior to submission of the preliminary plat.

Application requirements. Application requirements shall be substantially as required for shopping centers in § 340-3.14B.

Procedure. Procedure for acquisition of building permits for multifamily dwellings and apartments shall be essentially those required for shopping centers in § 340-3.14C.

§ 340-3.16 Home occupations.

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit, provided that:

No person other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 150 square feet of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding three square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

No home occupation shall be conducted in any accessory building except as a special use permit.

There shall be no sales in connection with such home occupation.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Does not include barber, beautician or hairdresser.

§ 340-3.17 Accessory dwelling units.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

An accessory dwelling unit providing independent living facilities for the sole use of one or more members of the family of the owner occupant of the principal residence. Provided further, however, that the applicant for a permit to construct an accessory dwelling must sign an agreement restricting occupancy of such dwelling unit to family members and indemnifying the Town of North Smithfield from any cost to said Town incurred in enforcing the terms of said agreement. An affidavit shall be filed with the Building/Zoning Official's office and shall be updated yearly by January 31. The signed agreement shall be recorded in the land evidence records of the Town at the expense of the applicant. The agreement shall run with the land so as to be applicable to and binding upon subsequent owners and shall be enforceable against the applicant, his heirs, devises, successors and assigns.

Development standards:

Dwelling must be attached to the principal residence, and must be accessible through the same means of ingress and egress as the principal residence but, need not have a separate means of ingress and egress.

Dwelling unit shall not exceed 700 square feet.

Dwelling unit shall not have more than one bedroom.

Only one accessory dwelling unit may be allowed in any single-family detached dwelling. No accessory dwelling unit may be allowed in a two-family or multifamily dwelling.

Any utilities for the principal residence and the accessory unit will be common to both (i.e., electrical, sewerage, heating etc.).

The owner shall provide proof that the individual sewerage disposal system is adequate to support an additional bedroom.

Sale. Upon the transfer of the property the new owner(s) shall have 60 days to sign an affidavit with the Building/Zoning Official's office and then comply annually as aforementioned.

Amnesty period.

Owners of existing nonconforming accessory dwelling units are not subject to the conditions of this Section § 340-3.8, provided that all the appropriate inspections of the unit have been made by the Building/Zoning Official by March 1, 1998, and provided that the owner can provide proof that the individual sewerage disposal system is adequate to support an additional bedroom.

Owners of nonconforming units discovered after March 1, 1998, will be in violation of this chapter and subject to penalties as set forth in § 340-5.33, Violations and penalties.

§ 340-3.18 Wireless communications facilities (WCFs).

Purpose. The purpose of this section is to regulate the placement of wireless communications facilities, limited to monopoles (towers), and related equipment and structures, telephone and cable television equipment and related equipment and the addition of communication equipment to existing structures. For the purpose of this section, lattice towers and guyed towers are not permitted. The regulations serve to establish a procedure for application of special use permits, establish development standards and location requirements and to encourage the co-location of equipment onto existing structures. The goals of this section are to:

Address the public safety concerns associated with the siting of wireless communications facilities;

To preserve the character, appearance, property values, natural resources and historic sites of the Town;

Minimize the number of new facilities by encouraging co-location and use of friendly sites;

Limit the height of telecommunication facilities;

Encourage the siting of new facilities on Town-owned properties which meet the criteria listed in Subsection E(2)(a), Specific permitted uses, when co-location is not possible and in areas where friendly sites are not suitable; and

Enhance the ability of carriers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

Applicability.

New towers and facilities. The requirements set forth in this section shall govern the location of all new telecommunication facilities and related equipment that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

Amateur radio antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for antennas.

General guidelines and requirements.

Submittals. The following submittals shall be provided as part of the application for site plan review and special use permit:

A report provided by a professional radio frequency engineer describing the general design and capacity of the proposed installation, including:

A description of the tower and the technical, economic and other reasons for the tower design.

Describe the capacity of the tower including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity.

Demonstrate that the tower and site comply with this section.

A site plan prepared by a Rhode Island licensed professional engineer at a scale of 1:40 which will show the following:

Facility location, dimensions and tower height.

Accessory building(s) for switching equipment.

Topography (two-foot contour interval).

Fencing, landscaping and screening.

Access and parking.

[6]

Lighting.

[7]

Areas to be cleared of vegetation and trees.

[8]

Site boundaries.

[9]

Description of adjacent uses.

Between the date of advertisement of the public meeting date, and the scheduled public meeting date, a balloon may be required to be deployed at the height of the proposed tower. All cost associated with balloon deployment will be borne by applicant.

Applicants proposing to erect wireless communication towers, accessory facilities and structures on land or structures shall provide evidence of contractual authorization from the owner(s) to conduct wireless communications services on the property. Applicants other than licensed carriers shall provide evidence that a licensed carrier will locate on the proposed facility once erected.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. In a Manufacturing (M) Zone, telecommunication facilities shall be allowed as a principal use or as an accessory use should there already be a principal use. In all zoning districts other than Manufacturing (M), only one principal use is allowed on a lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. Towers and base facilities may not take away required parking spaces of an existing building.

Cell grid map. Each applicant shall submit a map depicting the proposed cell grid, the coverage ring and site search ring for all existing, proposed wireless telecommunication facilities for North Smithfield, and for an area within 10 miles of the border of North Smithfield. A map indicating the location of all friendly sites in North Smithfield (i.e., existing telecommunication towers, water towers, steeples, smoke stacks, electric transmission towers, radio and fire towers).

Evaluation of friendly sites. Each applicant shall submit an evaluation of friendly sites within the search area or within one mile of the proposed site, whichever is greater. Specific information about location, height and design capacity of each site. Proof that owners of friendly sites within the search area have been contacted and that permission was sought to install a device on those structures, and that permission was denied, or that such locations do not satisfy requirements to provide the service needed. Failure to present evidence of a good faith effort on the part of the applicant to utilize existing facilities shall be grounds for denial of the application.

Co-location.

Each applicant shall demonstrate to the reasonable satisfaction of the Planning Board and Zoning Board that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower can accommodate the applicant's proposed antenna may consist of any of the following:

Proof that owners of existing towers or structures within search area of the proposed tower location or within one mile, whichever is greater have been contacted and that permission was sought to install a device on those structures, and that permission was denied. (Note: "structures" include water tanks, steeples, smokestacks, buildings, fire towers, utility towers etc.)

No existing tower or structures are located within the search area of the proposed tower location or within one mile, whichever is greater.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

Every telecommunication facility approved under this section shall be subject to the condition that the facility owner must allow co-location upon the structure by wireless communication carriers upon commercially reasonable terms and conditions and without unreasonable delay, if such co-location is technically feasible. It is expressly provided that any requirement imposed by a facility owner which requires the payment of rent in excess of industry standards or which allows the co-location only if the requesting party provides comparable space on one of its structures to the owner shall be deemed to be commercially unreasonable.

Site justification statement. Every application for special use permit shall be accompanied by a description of the narrowing process that eliminated other potential sites. The applicant shall also provide a written statement from a radio frequency engineer justifying the height of the proposed facility.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the State Building Code, as amended from time to time. If, upon inspection, the Building/Zoning Official concludes that a tower fails to comply with such Code and standards and constitutes a danger to persons or property, then the Building/Zoning Official shall proceed in accordance with R.I.G.L. Title 23, Chapter 27.3, entitled "State Building Code."

ANSI standards. Upon completion of construction, the applicant shall submit an annual report to the Town Building/Zoning Official which provides quantified electromagnetic field (EMF) measurements to current federal and American National Standards Institute (ANSI) standards or subsequent standards. If the project does not meet federal and ANSI standards, the permit may be modified or revoked.

Federal requirements. Demonstrate that the tower complies with all applicable standards of the federal and state governments. A copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) to provide a written statement that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations and a copy of the response from each agency shall be included. If such response is not received within 60 days, the application will be considered incomplete. The applicant shall send a subsequently received agency statement, if any, to the Planning Board.

Carrier notification. All applicants shall send certified mail announcements to all other licensed carriers located in Rhode Island, declaring their sharing capabilities and siting needs. Except in cases where mechanical, structural or regulatory factors prevent them from sharing, applicants cannot be denied or deny space on a tower.

Abutter notification. Abutters within 1/4 mile of the facility base shall receive notice by certified mail, return receipt requested, a minimum of 21 days in advance of the hearing for special use permit. The applicant shall compile and send notice to abutters and provide the Building/Zoning Official with a detailed list of notifications sent and acknowledgments of receipt. A list of the completed mailings as outlined above, must be returned to the Building/Zoning Official no less than seven days in advance of the hearing date. All cost associated with the abutter notification shall be borne by the applicant.

Procedures.

A preapplication conference with the Planning Department is required before site plan review. The conference will serve to familiarize the applicant with the Town's regulations. The Planning Department shall approve the site plan prior to submittal to the Planning Board for site plan review.

Six copies of the application (site plans and all required submittals) shall be submitted to the Planning Department for review. A meeting before the Planning Board for site plan review shall be scheduled within 60 days of certification that an application is complete.

Nine copies of the application for special use permit shall be submitted to the Zoning Board of Review. A meeting shall be scheduled with the Zoning Board of Review in accordance with § 340-5.19, Special use permits; conditions governing applications; procedures.

Building permits are required for all telecommunication towers, antennas and equipment shelters.

Permitted uses.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such uses are subject to the requirements of Subsection C for site plan review.

Specific permitted uses:

Telecommunication facilities including the placement of monopoles and additional buildings or other supporting equipment used in connection with said facility, in a Manufacturing (M) Zoning District; provided, however, that the height of the proposed facility is less than 125 feet, that such facility is set back from any residential property line a minimum distance equal to 500 feet or three times the height of the facility, whichever is greater; set back from any public right-of-way, any commercial or manufacturing structure or use equal to a distance 1 1/2 times the height of the facility; and the proposed site provides the opportunity to minimize the adverse visual effects of telecommunication facilities.

Telecommunication facilities including the placement of monopoles less than 125 feet and additional buildings or other supporting equipment used in connection with said facility on land occupied by existing Blackstone Valley Electric and Narragansett Electric (or its successor) transmission towers; provided, however, that such facility is set back from any residential property line a minimum distance equal to 500 feet or three times the height of the facility, whichever is greater; set back from any public right-of-way, any commercial or manufacturing structure or use equal to a distance 1 1/2 times the height of the facility; and the proposed site provides the opportunity to minimize the adverse visual effects of telecommunication facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is 30 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure.

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet in height of said existing tower.

Direct broadcast satellite antenna one meter or less in diameter, or home satellite dish of not more than one meter in diameter or measured diagonally.

Special use permits:

General. The following conditions shall require the application for a special use permits:

If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection E of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by Rhode Island licensed professional engineer.

Any extension, addition of cells or construction of new or replacement towers or transmitters shall be subject to site plan review and amendment to the special permit, following the same procedure as for an original grant of a special use permit.

Factors considered in granting special use permits. The Zoning Board shall consider the following factors in determining whether to issue a special use permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if they find that the goals of this section are better served thereby.

Height of the proposed tower;

Proximity of the tower to lot boundaries;

Nature of uses on adjacent and nearby properties;

The opportunity for natural screening of telecommunication facilities through a combination of reduced facility height due to site elevation, lot depth, natural vegetation, or topography;

Design of the tower, with particular references to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers for co-location and other structures as discussed in Subsection C(3) and (4) of this article. The applicant shall submit a co-location statement as well as an evaluation of friendly sites as called for in Subsection C(3).

Design standards. The following design standards shall apply to all towers and antennas.

Setbacks and separation:

Towers must be set back from any residential structure or lot line a minimum distance of 500 feet or three times the height of the tower, whichever is greater.

Towers must be set back a distance equal to 1 1/2 the height of the tower from the lot line of any adjoining commercial or manufacturing structure or use.

Towers shall not be located within 1,000 feet of a school facility.

Accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

Landscaping and screening. The applicant must demonstrate that the tower or antennas are located within a given site so as to minimize the visual impact. Existing on-site vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for the landscaped screening requirement. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material accepted by the Town Planner. Screening shall occupy 10% of the minimum established setback requirement, but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than 10 feet in width. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

Traffic ways. Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site by a roadway which respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Zoning Board of Appeals and the Fire Chief to assure emergency access at all times. Consideration shall be given to design which minimizes erosion, construction on unstable soils and steep slopes.

Fencing. Communication towers shall be enclosed by a fence with one-inch wire mesh no less than eight feet in height or more than 10 feet in height from finished grade. Access shall be through a locked gate.

Lighting. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of North Smithfield.

Signs. No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communication Commission (FCC) or by the Town. All signs shall conform with the sign requirements of Article XIII of this chapter.

Equipment shelters. Equipment shelters shall be limited to one per provider, but shall not exceed 10 shelters per tower. If more than one use, the equipment shelters shall be connected by a common wall. Each shelter shall not exceed 275 square feet in size and 10 feet in height, and shall be of the same design and color as each other.

Color. The color of the paint or finish is to be determined by the Planning Board.

Designed to maximize uses. The tower shall be designed to accommodate the maximum number of uses technologically practical.

Removal of abandoned telecommunication facilities. All unused telecommunication facilities and structures which have not been used for one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building/Zoning Official. The applicant shall post a bond which shall be reevaluated every two years, to cover the cost of removal and restoration of the site if appropriate. If such antenna or tower is not removed within 90 days, the Town may take the necessary action to remove the facility at the owner's expense.

Exemptions. The following types of wireless communications towers are exempt from this § 340-3.18:

Amateur radio towers used in accordance with terms of any amateur radio service license issued by the Federal Communications Commission, provided that:

The tower is not used or licensed for any commercial purpose.

CROSS-POLARIZED OR DUAL-POLARIZED ANTENNA

Towers and antennas erected on land or structures owned by the Town of North Smithfield for public safety and other telecommunication purposes.

Definitions: As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural grade of a site to the highest point of structure.

ANTENNA

The surface from which wireless radio signals are sent and received by a personal wireless service facility.

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carriers.

A low mount that has three panels flush mounted or attached very close to the shaft.

ELEVATION

The measurements of height above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.

FALL ZONE

The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FRIENDLY SITES

Existing sites with potential for use as antenna platforms.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A tower that is tied to the ground or other surface by diagonal cables.

The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

Roof-mounted. Mounted on the roof of the building.

Side-mounted. Mounted on the side of the building.

Ground-mounted. Mounted on the ground.

OMNIDIRECTIONAL OR WHIP ANTENNA

Structure-mounted. Mounted on a structure other than a building.

A thin rod that beams and receives a signal in all directions.

PANEL ANTENNA

A flat surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE

The three types of services regulated by this section.

RADIO FREQUENCY (RF) ENGINEER

An engineer specialized in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

The emissions from personal wireless service facilities. [Note: It is RFR, not all EMF, that is regulated by the FCC Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation (FCC Guidelines).]

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespassing.

SEPARATION

The distance between one carrier's array of antennas and other carrier's array.

[Amended 3-16-1998]

§ 340-3.19 Medical marijuana.

It is the intent of this section to regulate and provide zoning standards for the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See R.I.G.L. § 21-28.6-1 et seq.)

Patient cultivation. Patient cultivation shall be permitted in all residential, and in instances of legal nonconformance, commercial, manufacturing and industrial, zoning districts in the Town of North Smithfield. Patient cultivation shall not be allowed unless each of the following criteria has been met:

Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.

The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to R.I.G.L. § 23-28.1-1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.

The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building/Zoning Official shall approve the application for permits pursuant to R.I.G.L. § 23-27.3-100.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building/Zoning Official and are not subject to review by any party other than the cardholder.

In addition to the requirements above, the patient cardholder shall demonstrate to the Building/Zoning Official that the following requirements have been met:

That the area used for growing is secured by locked doors;

That the area used for growing has two means of egress;

That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;

That the area used for growing shall have proper ventilation to mitigate the risk of mold;

That the area used for growing shall have carbon filters installed to reduce odors;

That smoke alarms/detectors are installed in accordance with the State Fire Code[1] and/or to the satisfaction of the Fire Department;

Editor's Note: See R.I.G.L. § 23-28.1-1 et seq.

Zoning certificates, Fire Department inspection and/or review, or building/trade permits are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical capacity, mechanical or plumbing services in their place of primary residence in a residential zoning district.

Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana
Patient cardholder	12 plants	12 plants

Licensed cultivator. Licensed cultivators shall be allowed in the Business-Neighborhood District, Limited Commercial District and Manufacturing District by special use permit. Accordingly, a Zoning Board of Review determination is required which shall consider an advisory opinion from the Town's Planning Board. The following minimum information shall be depicted on site plans:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Building size in addition to zoning building envelope information. Class size shall be in accordance with Section 1.5, Licensed Cultivator Application and Licensing Provisions, of the Rhode Island Department of Business Regulation, Chapter 80 Marijuana, Subchapter 05 Medical Marijuana, effective January 1, 2017, as amended (hereafter referred to as "DBR Regulations").

Landowner and company owner if different.

Proposed loading, unloading, and parking areas.

Hours of operation.

Lighting and security plan in accordance with DBR Regulations 1.5(F)(2)(a) and (c).

Alarm system must link to municipal law enforcement in accordance with DBR Regulation 1.5(F)(3)(c).

Emergency notification and reports must be submitted to municipal law enforcement in accordance with DBR Regulation 1.5(7)(a)(b).

Interior floor plan depicting all electrical, plumbing and HVAC equipment that enables the Town to regulate operation requirements, manufacturing and extraction, sanitation and workplace safety conditions, odor control, pesticide use, and marijuana product and by-product disposal in accordance with the following DBR Regulations 1.5(I)(4)(6)(7)(8) and (9), respectively.

Scaled site plan containing a radius map to ensure facilities are not less than 1,000 feet from public or private school property lines in accordance with DBR Regulation 1.5(D)(4).

Signage plan.

Marijuana extraction. The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

Enforcement.

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with Part 5 and penalties according to § 340-5.33.

All unpermitted preexisting cultivation shall be required to comply with this chapter.

Notices of violation shall be rectified within 90 days.

GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

All uses permitted under this chapter shall fully comply with all licensing requirements of the Town of North Smithfield and laws of the State of Rhode Island.

§ 340-3.20 Purpose.

The purpose of this article is to regulate solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhood in which they are located and provide adequate financial assurance for the costs of decommissioning and removal.

Further, by way of geographic location of solar photovoltaic systems, it shall be the intention of this article to incentivize solar power production away from forested areas, and towards existing developed sites. Accessory use of ground-mounted solar arrays (i.e., net metering behind the meter) shall be encouraged for developed properties by allowing such uses by right in BH, BN, LC, and M Zone Districts.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 340-3.21 Applicability.

This article applies to all solar photovoltaic systems constructed or substantially modified after the effective date of this chapter.

§ 340-3.22 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACCESSORY USE

For the purpose of this article, accessory use shall imply net metering, behind the meter, electrical energy generated for the purpose of self-supplying electrical energy to an existing land use.

APPLICANT

An owner or authorized agent of the owner submitting an application. An authorized agent is someone authorized in writing by the owner.

ENGINEER

A registered Rhode Island professional engineer.

A solar photovoltaic system that has its electricity generating solar panels mounted on racks or frames that are attached to ground based mounting supports.

NONPARTICIPATING LANDOWNER

The height of a solar photovoltaic system measured from predevelopment grade to the highest point of any portion of the system.

HISTORIC SITE

Any site, structure, district or archaeological site which is included on a local, state, or National Register of Historic Places or which is established by qualified testimony as being of historic significance.

Any landowner holding title in fee, other than a participating landowner, whose land is located in the Town of North Smithfield or in an adjoining municipality adjacent to the proposed solar photovoltaic site.

OCCUPIED BUILDING

Any residence, school, hospital, house of worship and any other building regularly occupied by or used by one or more persons on a regular basis. Buildings ordinarily used for storage, such as garages, sheds, and the like, are not occupied buildings even though they may be entered for brief periods on a daily basis.

OWNER-OPERATOR

The owner-operator is the legal entity that owns the solar photovoltaic system and its accessories and is responsible for the operation of the solar photovoltaic system.

PARTICIPATING LANDOWNER

One or more persons that hold title in fee to the property on which a solar photovoltaic system is to be constructed and operated.

ROOF-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

A solar photovoltaic system that has its electricity generating solar panels mounted on the rooftop of a residential or commercial building.

SETBACK LINE OR LINES

A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

SOLAR PHOTOVOLTAIC SYSTEM

A power system designed to supply usable solar power by means of photovoltaics. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling and other electrical accessories. Solar photovoltaic systems convert light directly into electricity and shouldn't be confused with other technologies, such as concentrated solar power or solar thermal, used for heating and cooling.

§ 340-3.23 Requirements for accessory use solar photovoltaic systems.

Residential zone districts. All ground-mounted accessory use solar photovoltaic systems within REA, RA, RS, and RU Zone Districts shall meet or exceed the following applicable requirements in Subsection B(1) through (9), in addition to typical special use permit requirements in § 340-5.19.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Nonresidential zone districts. All rooftop or ground-mounted accessory use solar photovoltaic systems within the BH, BN, LC, and M Zone Districts shall be allowed by right for existing, developed commercial or industrial sites. In the BH, LC or M Zone, depending on the acreage limitation shown in Subsection I(10) of the District Use Regulations Table (Attachment 2), this may include commercial, nonaccessory use (for-profit) solar photovoltaic systems. In such instances, building permit applications shall meet or exceed the following applicable requirements and shall be addressed in the application:

No accessory use solar photovoltaic system may be constructed or substantially modified without first obtaining a building permit.

Setbacks and building coverage. Setbacks and building coverage shall conform to the setbacks and building coverage as specified for the zone in which the accessory ground-mounted solar system is installed. The area for the solar system shall be treated as part of the total lot building coverage.

Fencing. A security fence shall be installed and maintained surrounding all components of accessory ground-mounted solar systems. The fence shall be not less than six feet and not more than 10 feet high.

Signs. Clearly visible warning signs concerning voltage shall be placed along the security fence. The signs shall identify the owner and have a twenty-four-hour phone contact for emergencies. These signs shall be exempt from the requirements of Article XIII, Sign Regulations.

Accessory use solar photovoltaic systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

Roof-mounted systems; roof setback. For maintenance and fire prevention safety the solar panels and mounts shall be set back from the edge of the roof and the top of the ridgeline a minimum of 18 inches.

Systems within developed BH, LC, or M Zone District areas shall include design provisions for safe lighting in the case of parking lots, snow removal, utility connections and parking space requirements. Compliance with zoning parking requirements shall be maintained in the event support structures compromise existing parking spaces.

No installation or operation of an accessory use solar photovoltaic system shall result in any form of trespass at any time. Solar reflection onto a neighboring property from the ground level up to 35 feet (or any existing building that is above 35 feet) or noise generation above ambient beyond a lot line on which a solar photovoltaic system is located or increased shading upon a neighboring property shall be considered a trespass.

Solar reflection. Accessory use solar photovoltaic systems shall be designed and operated to eliminate solar reflection from the ground level up to 35 feet (or on any existing building that is above 35 feet) upon all neighboring properties.

Noise generation. Accessory use solar photovoltaic systems shall not generate noise above ambient beyond a lot line on which a solar photovoltaic system is installed.

If, after completion and operation of the roof-mounted solar photovoltaic system, solar reflection or noise or shading produced by the solar photovoltaic system is found to exist upon neighboring properties, the Building/Zoning Official shall shut down the solar photovoltaic system and have it covered, if necessary, to prevent reflection. Testing shall be at applicant's, participating landowner's or owner-operator's expense.

Nothing contained herein shall have the effect of waiving or limiting the Building/Zoning Official's authority to enforce codes with respect to examination of the system, including plans, computations, specifications, and field inspections.

§ 340-3.24 Requirements for all nonaccessory ground-mounted solar photovoltaic systems.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory use ground-mounted solar photovoltaic systems shall meet or exceed the following requirements and shall be addressed in the application:

No solar photovoltaic system may be constructed or substantially modified without first obtaining a special use permit. No solar photovoltaic system shall be permitted within 250 feet of an historic site or historic structure.

In order to be eligible for a solar photovoltaic system, the parcel in question must be at minimum six acres in size; the parcel must be vacant. Furthermore, the proposed solar array (inside fenced area) must not exceed 30% of the gross lot area or exceed six acres, whichever is less.

Provided dimensional lot area and frontage requirements can be met, a lot may be subdivided to create a vacant parcel to support a solar system, provided all appurtenance structures and connections are located entirely within the vacant property.

Setbacks.

Consistent with Subsection G, Visual buffer and setback, all solar arrays must be set back a minimum of 100 feet from property lines.

Water bodies and wetlands. Setbacks must comply with state environmental regulations.

No installation or operation of a solar photovoltaic system shall result in any form of trespass at any time.

Solar reflection. Solar photovoltaic systems shall be designed and operated to eliminate solar reflection from the ground level up to 35 feet (or on any existing building that is above 35 feet) upon all neighboring properties.

Noise generation. Solar photovoltaic systems shall not generate noise above ambient beyond a lot line on which a solar photovoltaic system is installed. Specifically, there shall be a 0 dB increase over the ambient levels at the applicant's property boundary lines. The ambient sound shall be determined with preapplication acoustical testing of said sound levels at the property boundary lines, said testing to account for day and evening levels. This standard shall apply to all solar photovoltaic systems in the aggregate that are proposed to be located at the site. After installation, testing shall be performed to confirm compliance by measuring sound levels at the property lines with the solar photovoltaic system in operation and with the solar photovoltaic system shut down to confirm no increase in ambient noise. Testing shall be at applicant's/participating landowners/owner-operator's expense.

The applicant has the burden of showing that the solar photovoltaic system will not have a significant adverse impact on neighboring property. A failure to meet this burden of proof shall result in denial of the solar photovoltaic system application. If after completion and operation of the solar photovoltaic system, solar reflection or noise produced by the solar photovoltaic system is found to exist upon neighboring properties, the Building/Zoning Official shall order a shutdown of the solar photovoltaic system and have it covered, if necessary, to prevent reflection. Testing shall be at applicant's, participating landowner's or owner-operator's expense.

Wildlife, fauna access and migratory patterns to remain unaffected. A solar photovoltaic system and its required fencing shall not have an unreasonable adverse effect on fauna's natural access for feeding, nesting, breeding, transit and migratory patterns. A solar photovoltaic system and its required fencing shall not have an unreasonable adverse effect on rare, threatened or endangered wildlife habitat, rare, threatened or endangered plants and rare and exemplary plant communities. In making its determination under this subsection, the Zoning Board of Review shall consider pertinent application materials and the written comments and/or recommendations, if any, of the North Smithfield Conservation Commission, Planning Board, Rhode Island Department of Environmental Management, and other environmental groups or organizations the Board deems, in its discretion, credible on such matters.

Visual buffer and setback. All components of the solar photovoltaic system shall be set back from the property line a minimum of 100 feet. Within the 100-foot minimum setback, a permanent all-season green buffer shall be planted. The green buffer shall be composed of evergreen vegetation. The green buffer shall completely obscure the solar photovoltaic system and fencing from all neighboring properties. The green buffer shall be planted with mature plants/trees such that the buffer is complete upon proposed start-up of the solar photovoltaic system. The permission to operate (certificate of occupancy) shall not be issued until the green buffer is complete.

The green buffer shall be maintained to provide continuous year-round visual obstruction of the solar photovoltaic system. The green buffer shall be trimmed or/or replanted to keep it from infringing on neighboring properties and from providing a way over the security fencing.

Fencing. A security fence shall be installed and maintained surrounding all components of the solar photovoltaic system. The fence shall be no less than six feet and no more than 10 feet tall. The fence shall be inside the visual buffer and setback.

Maximum height. The maximum height of any component or appurtenance structure of the ground-mounted solar photovoltaic system shall be 15 feet.

Utility connections, electrical components. Utility connections for the solar photovoltaic system shall be installed underground on the subject property. Electrical transformers for utility interconnections may be above ground if required by the utility provider. All electrical components of the solar photovoltaic system shall conform to all relevant and applicable local, state and national codes, laws and regulations.

Appurtenant structures. Appurtenant structures, such as equipment shelters, transformers, and substations shall be within the security fencing. All appurtenant structures shall be shielded from view by the green buffer. Storage buildings shall not be permitted on the solar photovoltaic system site.

Environmental sensitivity. In addition to any requirements of Article XXV, Site Plan Review, to the maximum extent practicable, all ground-mounted solar voltaic installations shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize alterations of and negative impacts to natural features, historic and cultural resources, and scenic areas. Any grading or site preparation must, to the extent possible, conform to the natural topography of the area. Excavation of material including gravel, sand and rock is strictly prohibited unless it is necessary to properly locate the solar photovoltaic installation, and such excavation shall only be that which is minimally necessary. The applicant shall conduct and pay for a site analysis conducted prior to the conceptual site planning process.

Other considerations. In deciding whether to grant a special use permit and height variance for a solar photovoltaic system, the Zoning Board of Review may consider relevant matters not expressly mentioned in this section, including the adverse impacts on scenic vistas and interference with electromagnetic communications, such as telephone, radio, and television. The Board may impose special conditions reasonably necessary to remove or alleviate any potential adverse impacts that it determines.

Maintenance. Solar photovoltaic systems shall be maintained in good condition. Such maintenance shall include painting, structural repairs, integrity of security measures, maintenance of green buffer and maintenance of drainage and runoff systems. Solar photovoltaic systems shall be inspected for structural integrity, security measures and maintenance of drainage and runoff systems by an engineer at least once each year. The inspection report shall be submitted annually to the Building/Zoning Office on the anniversary of the issuance of the building permit.

On-site inspections and construction control.

An engineer shall certify to the Building/Zoning Official that he/she has observed and inspected the following work and it complies to the construction documents. Upon acceptance of the certification the Building/Zoning Official shall record a confirmation of completion. Such records shall certify that the work has been performed in a manner consistent with the approved plans and specifications for the following phases of construction as a minimum:

Soil condition and analysis.

Drainage and runoff systems.

Footings.

Structural integrity of mounting systems.

Fire prevention, detection and alarm systems.

Electrical systems.

Mechanical systems.

Field reports, test data and related documentation.

Photos.

Nothing contained within construction control shall have the effect of waiving or limiting the Building/Zoning Official's authority to enforce codes with respect to examination of the contract documents, including plans, computations and specifications, and field inspections.

Liability insurance. The applicant shall maintain a current general liability policy during the construction phase of the solar photovoltaic system that covers bodily injury and property damage with minimum limits of $2,000,000 per incident/per occurrence. The applicant shall provide the Zoning Board of Review with a valid certificate of insurance listing the Town of North Smithfield as additionally insured.

§ 340-3.25 Nonaccessory ground-mounted solar photovoltaic system procedure and submission requirements.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory ground-mounted solar photovoltaic systems shall follow the procedure and submission requirements herein:

Site plan review. The application for solar photovoltaic systems shall be reviewed by the Planning Board under the site plan review regulations, as a minor land development, however, with a public hearing and in accordance with R.I.G.L. § 45-24-49. The Planning Board shall then submit its opinions to the Zoning Board of Review for further action on the application. Such opinions shall be advisory to the Zoning Board of Review. The Building/Zoning Official and the Town Planner shall not have the authority to exempt the application from site plan review under § 340-6.2B or any requirements of Article XXV, Site Plan Review.

The following information shall be provided to the Planning Board and Zoning Board of Review as part of an application for a special use permit to install a solar photovoltaic system:

A completed application form including:

Identification of the participating land owner(s), the person(s) or entity(s) that will be operating, owning and constructing the solar photovoltaic system, their full names, addresses and contact information.

The proposed site address, plat and lot numbers, zone and owners of the proposed solar photovoltaic system site and any contiguous parcels owned by the participating landowners.

The current use of the land site, owners and addresses of owners of the parcels that abut the proposed site or abut parcels of participating landowners that are contiguous with the proposed site. A viewshed analysis and map must be provided.

A plan, signed and stamped by an engineer, drawn to scale, showing where the solar photovoltaic systems will be located on the lot.

In addition to the information required under §§ 340-3.24 and 340-3.25B(1), the following information shall be provided with an application for a solar photovoltaic system:

All drawings submitted shall be signed and stamped by an Rhode Island licensed engineer. At least one original copy of each drawing shall be provided at each review.

Description. A description of the proposed solar photovoltaic system that includes the aggregate generating capacity of all proposed solar photovoltaic systems, manufacturer's specifications for solar panels, mounting systems, inverters, transformers and other noise generating equipment (including but not limited to the make, model, capacity, sound emission levels) and a description of the associated facilities.

Site plan. Plan shall show the proposed location of each solar photovoltaic system and associated facilities.

Electrical design. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components and electrical interconnection methods, with all current state electrical code-compliant disconnects and overcurrent devices.

Written evidence that the provider of the electrical service to the property has approved connection of an electric generation facility to the electricity grid, if such connection is proposed.

Complete description of emergency and normal shutdown procedures.

Soil analysis confirming that the soil conditions are suitable for the designed mounting system signed and stamped by an engineer.

Environmental factors. The environmental impact of the proposed solar photovoltaic system shall be analyzed by a professional environmental company. The impact analysis shall be performed and paid for by the applicant. The analysis shall be specific to the site in terms of at risk species of concern and their habitats. The following shall be addressed:

Constraints imposed by environmental and archeological regulations.

The presence of animal species of concern and/or critical habitat for these species.

The impact on accessways for fauna transit and access to feeding/nesting/watering areas.

Presence of plant communities of concern.

Presence of critical areas of species congregation, such as maternity roosts, hibernation sites, staging areas, winter ranges, nesting sites, and migration stopovers.

The potential impact of habitat fragmentation.

For projects requesting dimensional relief for size, a one-to-one tree replacement of only those existing, native trees that are to be compromised which are of twenty-inch diameter or greater. Said trees may be replaced by newly-planted trees of three-inch diameter caliper at breast height anywhere in Town.

An operation and maintenance plan, describing the general procedures for operational maintenance of the solar photovoltaic system or maintenance of access roads and stormwater controls. If applicable, the plan shall also describe the provisions for remote monitoring in the proposed maintenance and inspection schedule.

UTILITY-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

Decommissioning plan. As a condition of approval, the landowner shall grant a municipal lien for all costs necessary to remove the entire solar array including all appurtenance structures along with costs related to landscaping to preexisting conditions. As a condition of approval, the landowner shall also be named as the responsible party, along with the developer, for the removal and restoration of the property.

§ 340-3.26 Improvement guarantees for ground-mounted solar photovoltaic systems.

Definition and purpose. As used in this article, the following terms shall have the meanings indicated:

IMPROVEMENT GUARANTEE

Is a security instrument or cash accepted by the Town to ensure that all public improvements are properly protected.

PUBLIC IMPROVEMENT

Includes any installations, alterations, maintenance and repair of utilities and of Town infrastructure including public roads and rights-of-way that must be utilized to access the site. This term includes all requirements of the transportation plan.

General procedures. Prior to issuing a certificate of occupancy for the solar photovoltaic system, the Town shall inspect public improvements used to access the construction site and require the applicant to repair any improvements as requested by the Town. The Town reserves the right to require an improvement guarantee as defined by R.I.G.L. § 45-23-32 and the Town's Land Development and Subdivision Regulations which derive authority from R.I.G.L. § 45-23-46.

§ 340-3.27 Security cash bond; decommissioning unused or abandoned ground-mounted systems.

Prior to the issuance of a permit under this chapter, the applicant shall deposit in the form of cash with the municipality the full estimated cost of dismantling and removal of the solar photovoltaic system, including the cost necessary to return the property to its pre-siting condition, which the municipality shall place in an interest-bearing escrow account. A solar photovoltaic system that is not generating electricity for six consecutive months shall be deemed discontinued. In the event the solar photovoltaic system has not generated electricity for a period of six months, the Building/Zoning Official shall notify the owner-operator of the solar photovoltaic system that the solar photovoltaic system has been deemed abandoned. The solar photovoltaic system shall be removed from the property by the applicant/owner-operator within 120 days of receipt of notice from the Building/Zoning Official unless an appeal has been filed. If, however, the solar photovoltaic system is not removed within this time period, the municipality shall withhold the escrowed funds. These funds shall be used to pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation. If funds remain after the necessary expenditures, the municipality shall reimburse the applicant, owner, successor, or assigned. If additional funds are required, the Town reserves its right to pursue funds through a recorded municipal lien against the landowner's property, as required as a condition of approval, in § 340-3.25C(10).

Decommissioning shall be overseen and certified by the Town's peer review engineer before funds are released, at the applicant's and/or owner's cost and expense.

The Town's peer review engineer shall determine a cost per megawatt for each application that is inclusive of consumer price index trends established by the Federal Bureau of Labor Statistics in effort to predict construction cost escalation to support said decommissioning in future years. The cost of this peer review shall be borne by the applicant.

At least 30 days before a solar photovoltaic system is scheduled to be decommissioned, the owner-operator shall notify the Building/Zoning Official by certified mail of the proposed date of discontinued operations in plans for removal. The owner-operator is responsible for securing any necessary state and local permits prior to the dismantling of a solar photovoltaic system.

§ 340-3.28 Enforcement.

Violations of this section shall be enforced by the Building/Zoning Official.

§ 340-3.29 Conflict with other provisions; severability.

If there is a conflict between the provisions of this article and any other state or local ordinance, the more stringent provision shall apply. If there is a conflict between a provision of this article and that of another provision of this chapter or subdivision ordinance, the provision of this article shall apply.

The invalidity of any part of this article shall not invalidate any other part of this chapter provision.

§ 340-3.30 Solar Photovoltaic Overlay District.

Purpose. The purpose of this section is to create an overlay district in which a large-scale solar photovoltaic system may be installed by right and governed in a coordinated manner with the Town's existing regulations and Comprehensive Plan, including the implementation of special land use controls, proper rural planning, development tools and the implementation and administration of the Town Code. Based on the Comprehensive Plan Land Use element, the areas and large tracts of rural land designated within this Overlay District may be better preserved with a lesser impact on the community as a whole or immediate surrounding neighborhoods if permitted to be utilized for renewable energy rather than be left to private development or redevelopment. It is recognized that renewable energy is encouraged and deemed desirable within the Town, provided that appropriate standards for installation and design are incorporated and applied. For these reasons, the Town has determined it appropriate to created certain overlay districts to permit, govern and monitor the installation and design of large-scale solar photovoltaic systems.

Definition. For the purpose of this section, large-scale solar photovoltaic systems shall consist of the following.

For the purpose of selling energy and energy credits to an electric utility company, a municipality, or any other third-party consumers of energy, which area size exceeds six acres and 30% of the gross lot area.

Overlay District. The Solar Photovoltaic Overlay District (SPOD) is hereby established and constructed as an overlay district. Expansion of the Overlay District, whether by administrative, minor or major subdivision, shall be considered an amendment to this chapter and subject to review by the Town Council and Planning Board in accordance with R.I.G.L. § 45-24-51. Within the areas identified herein and construed and considered as part of this Overlay District, large-scale solar photovoltaic systems shall be permitted as a use by right. This Overlay District shall be limited to the following area as shown on Map 1, Large-Scale Solar Overlay Zone.[1] The area is generally bound by three electrical utility rights-of-way to the east, west and north, and bounded southerly by Iron Mine Hill Road. Said Zone shall be set back 100 feet from utility rights-of-way and maintain a 500 feet setback from Iron Mine Hill Road.

If any portion of a lot overlaps into the Overlay Zone, only that portion within the Overlay Zone is eligible for solar array.

Notwithstanding any other dimensional provision to the contrary, a setback of 100 feet shall apply and be measured from the Overlay Zone line as depicted on Map 1.

The following maps and lots, either in part or entirety, fall within the Overlay Zone:

012-132	012-136-B	017-175
013-107-A	017-130	016-097
012-137	016-005	016-006
012-156-A	013-052	013-051
012-270	013-012	013-010-A
012-306	012-326

Editor's Note: Map 1 is currently on file in the Town offices.

Schedule. A large-scale solar photovoltaic system development approved pursuant to this chapter shall expire unless construction is started within 12 months and completed within 36 months of final plan approval unless a longer period and/or phased period for development is agreed to by the Town Council and the applicant.

Development incentives to the Town. All requests for development of large-scale solar photovoltaic systems should be designed to foster and promote compatibility with the general character of the Town and be consistent with the Comprehensive Plan. The development shall ensure that a primary concern will be buffering for the surrounding residential land uses; proposed development should not materially increase the light impact on the nearby neighborhoods; the proposed development should not materially increase noise impact on the nearby neighborhoods; and the development should be of the most benefit to the Town in terms of tax revenue and preservation of rural areas. In doing so, the proposed development shall provide the Town with an incentive proposal, above the minimum rates established by R.I.G.L. § 44-5-3, that will contribute to the Town financially and/or enhance the services the Town provides as well as negate any expenses or costs the Town incurs because of the installation and development of a large-scale solar photovoltaic system.

Request for approval from the Town Council for a tax agreement (e.g., PILOT and any other impact fees and development incentives etc.), shall be included as part of the preliminary plan application, pursuant to R.I.G.L. §§ 45-23-41 and 45-23-50.1, if applicable.

Designs and general standards of applicability. For purposes of the Solar Photovoltaic Overlay District (SPOD), the design and general standards of this §§ 340-3.24, 340-3.25 and 340-3.26 shall be applicable to any large-scale solar photovoltaic system developed and installed in the SPOD Overlay District, as provided for herein. Within the SPOD all regulations of the underlying district shall continue to be in full force and effect, except where the regulations herein supersede such underlying requirements or provide alternatives to such requirements.

Development review. For purposes of the Solar Photovoltaic Overlay District (SPOD), any proposed large-scale solar photovoltaic system shall be reviewed by the Town of North Smithfield Planning Board as a major land development, as provided for in R.I.G.L. § 45-23-39 and the Town's subdivision regulations, with the understanding that the proposed project has already been deemed to be consistent with the Town of North Smithfield Comprehensive Plan, and a permitted use by the enactment of this chapter; thereby, not requiring a special use permit from the Town of North Smithfield Zoning Board of Review, as set forth in § 340-3.25D. For purpose of the SPOD, the first sentence of § 340-3.24A shall not apply. Section 340-3.24C shall not apply. Section 340-3.24E(2) shall not apply, except in areas in which the large-scale solar photovoltaic system abuts residential property, in those instances preapplication acoustical testing shall not apply, rather ambient sound testing shall be conducted after all site preparation and before installation of the solar array panels. Section 340-3.24D(1) and the first sentence of § 340-3.24G shall not be applicable to internal property lines of a utility-scale ground-mounted solar photovoltaic system that includes multiple properties. For purpose of the SPOD, § 340-3.27, decommissioning shall require approval by the Town Council as part of the preliminary plan application to the Planning Board. Surety shall be in the form of either a combination of bond, cash, and/or property liens, to ensure adequate financial protection exists to support dismantling of an abandoned system. The Planning Board may provide a waiver of the requirements of Article VII, as requested.

Conflict of laws. If there is a conflict between the provisions of this section and any other local ordinance, the provisions of this section shall apply. In the event there is a conflict between a provision of this section and that of any other provision of the Town's Subdivision Regulations and/or this chapter, the provisions of this section shall apply.

Effective date. This chapter shall take effect upon passage.

§ 340-3.31 Purpose.

The Mixed Use District (MU) is hereby established in order to:

Provide an area for economic development in the Town that allows for efficient development of businesses that serve the residents of the District and adjacent neighborhoods while reducing the reliance upon the automobile, particularly within the District.

Provide guidance and a framework for redevelopment and new growth that is sustainable, conserves land and natural resources and that employs best practices in environmental protection.

Encourage the orientation of buildings to activate the street edge and encourage traditional architecture and historical village settlement patterns that are well integrated into the existing community.

Provide innovative shared and off-site parking allowances and make pedestrian mobility a focal point for parking lot design.

Avoid the creation of large-scale shopping centers, and avoid the creation of new business or industrial parks having little or no relation to the surrounding community, and mitigate the impacts of existing business or industrial parks.

Provide a safe atmosphere for pedestrian and bicycle uses and a logical connection of destinations within and adjacent to the District.

Provide appropriate site and building design standards to create a varied but coherent streetscape.

Provide for compatible uses and development densities, including limited residential, commercial, professional service, light industrial/research, and institutional, as well as recreation and open space.

Encourage mixed-income residential development with a variety of unit types at densities appropriate for the District and the Town and that is consistent with North Smithfield's currently approved Affordable Housing Plan.[1]

Editor's Note: See also Ch. 108, Affordable Housing.

§ 340-3.32 Subdistricts.

In addition to the general requirements for development in the MU District established in this article, there are two Subdistricts. Each Subdistrict shall have the same basic requirements, including procedures for design review and approval. However, permitted uses and dimensional requirements of each Subdistrict shall vary based on the overall size of the Subdistrict and the surrounding neighborhood and environment. Development within each Subdistrict of the MU shall comply with all standards for both the overall District and the Subdistrict. The following Subdistricts are hereby created:

MU-1. It is intended to provide for compact, planned mixed use development of a village nature with existing commercial, but not big-box retail, with a mix of small-scale businesses such as restaurants, coffee shops, bookstores, retail shops, and service industries. Buildings along the street should be two to three stories in height, with retail on the ground floor and professional offices, studios or residential units on the upper floors. Shared parking lots on the interior of each block should provide parking for surrounding businesses, which should have entrances on both sides of the building for the convenience of customers.

MU-2. This Subdistrict is intended to provide for compact, planned mixed use light industrial/office/accommodation type development where buildings are preferred to be clustered, campus-style, around shared open space amenities, with most parking preferred to the side and rear of structures. Innovative design may include public squares and new buildings should be lined up around and connected with sidewalks and landscaped areas. In addition, this Subdistrict may be applied to adjacent undeveloped and forested areas that are currently open space but have the potential to be developed as secondary phases of growth from the abutting industrial sites.

§ 340-3.33 Applicability.

Except as otherwise noted, these provisions shall apply to all proposed development in the MU District. All subdivisions and land development projects within the MU, unless granted preliminary plan approval prior to the date of the adoption of this chapter, shall comply with the provisions of this chapter.

§ 340-3.34 Procedure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The following type of proposals shall be subject to the requirements of development plan review, as set forth in Article XXV of this chapter:

Projects consistent with the MU Zoning District in which the size of a lot or lots being developed/redeveloped is 1.5 acres or less and in which a proposed building or buildings are 5,000 GSF or less. Such projects may be reviewed by the Planning Board using the development plan review procedure in Article XXV of this chapter.

Proposals requiring major land development plan review.

The following type of proposals shall be subject to the requirements of a major land development site plan review, as set forth in Article 3 of the North Smithfield Land Development and Subdivision Regulations. Such proposals shall be reviewed and approved by the Planning Board.

Any new use, change in use, or expansion that contains more than 5,000 GSF of floor area.

Any new use, change in use, or expansion being proposed on a lot greater than 1.5 acres.

Any use approved under this article as part of a land development project before the adoption of this chapter when seeking approval for an expansion that would increase its building footprint by more than 5,000 GSF.

However, the Planning Board may grant a waiver to this requirement and allow such projects to be reviewed and approved by the streamlined site plan review process for such expansions or changes in use if an applicant can establish that strict compliance to the major land development review process is not necessary to achieve the goals and purpose of this chapter and that:

Development activity as part of the expansion or change of use enhances pedestrian circulation on the site or within the district;

Where applicable, expansion or change of use increases the economic or housing diversity within the district;

Expansion or change of use is consistent with goals to activate the street edge or promote shared parking.

Otherwise, no building permit shall be granted for construction of any structure until final approval has been granted for a land development project by the Planning Board and recorded in the land evidence records as provided in the Land Development and Subdivision Regulations ("Regulations").

Projects independently developed in accordance with an approved master plan shall be encouraged. Therefore, where master plan approval has been granted for a phased project, preliminary plan approval and final plan approval may be granted at the discretion of the Planning Board, for an individual phase or phases, and construction may commence on that phase or phases independent of other phases.

§ 340-3.35 Application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All major land development plan applications within the MU District must be planned conceptually in advance in order to assure the coordination of development; even if being proposed as multiple individual projects in phases.

Master plan. A master plan of all property within the district that is owned, optioned, under agreement, or in any way controlled by the applicant, or any affiliated entity of the applicant, shall be submitted as part of the review process. The master plan shall conform to the requirements established in the Regulations, and shall detail all existing lots, proposed future lots, proposed uses, the proposed layout of streets, driveways, parking areas, landscaping, in infrastructure, environmental features, phases, and any other item the Planning Board deems necessary to review the entire property as a whole.

Resource preservation plan. A resource preservation plan shall be submitted as part of the master plan application, setting forth any valuable natural, cultural or historic resources on-site, and describing the plans for preserving such resources or mitigating negative impact upon them. Any other resources identified during the site visit shall also be addressed in this plan and measures to improve upon existing conditions should be identified.

Design standards. All development in the Mixed Use District shall comply with the design standards in § 340-3.39 below and the site and design standards in § 340-6.8 of this chapter with regard to building, landscaping, layout and design requirements. Single- and two-family homes existing on the date of adoption of this article are exempt from this requirement.

Site visit. The Planning Board shall conduct a site visit with the applicant, open to the public as a public meeting, but not a public hearing, prior to the first public information meeting or public hearing being held. This requirement is in addition to any site visits that may take place as part of the preapplication stage. The Planning Board shall have access to the site with the applicant to investigate any additional concerns that may arise during the review.

Traffic impact study and mitigation elements. For any proposed use that will generate 50 or more added (new) vehicle trips per hour during the adjacent roadway's peak hour or the development's peak hour according to the latest edition of the ITE Trip Generation Handbook, or would require parking or provides parking for more than 20 vehicles, a traffic impact study shall be submitted as part of development plan review or the master plan application. Such study shall be conducted by a licensed professional engineer experienced in traffic circulation and smart growth strategies and standards such as shared parking concepts. The choice of such engineer shall be subject to prior approval by the Town Planner. If negative traffic impacts are revealed, the Planning Board may deny the application if they deem such impacts significant, or may apply conditions to mitigate the impacts, including without limitation, such standard practices as off-site roadway and signalization improvements.

Approval period. Master plan approval shall be valid for a period of two years from the date of Planning Board approval or such longer period as established in the written approval based on proposed phasing of the development project.

§ 340-3.36 Criteria for approval.

The Planning Board shall approve, approve with conditions, or deny the application based on the following criteria:

Provides for a mix of uses, including residential and commercial development, and recreation and open space in accordance with §§ 340-3.37 and 340-6.38.

Compliance with the design standards in Article XXV of this chapter.

Provides for safe vehicular access.

Creates a pedestrian-friendly environment.

Provides appropriate connections (pedestrian and/or vehicular) to adjacent development and municipal facilities.

Provides useful open space.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Is consistent with the Affordable Housing Plan.[1]

Editor's Note: See also Ch. 108, Affordable Housing.

Is consistent with the Comprehensive Plan and the purpose and intent of this District.

§ 340-3.37 Permitted uses in MU-1 and MU-2 Districts.

Mixed use. More than one permitted use shall be allowed on the same lot and/or within the same building. Permitted uses are established in § 340-3.4, District Use Regulations Table. The provisions of this article shall take precedence over those of other articles that purport to regulate certain specific uses that are otherwise permitted in the MU Districts.

Noxious uses. No use shall be permitted which is found to generate unreasonably high traffic volumes, be environmentally unsound or visually objectionable, or is not in character with the desired village character of the district.

Mix of uses. Mixing residential, office and retail uses is encouraged in the MU Districts. No specific percentages of use categories will be required under this chapter. However, in order to achieve the purposes of this chapter, residential uses will not be permitted on the first or ground floor, except in cases to reasonably achieve handicapped access.

Residential. Mixed residential/commercial uses are permitted, although residential use is not allowed on any ground floor space facing a street. New single-family or two-family dwellings are not permitted. Single- and two-family homes existing as of the date of adoption of this chapter shall be considered conforming uses and may continue to exist and may be expanded or altered subject to the dimensional regulations applicable in the RU-20 Zoning District without the need to obtain relief from the Zoning Board of Review.

Commercial. Allowed uses shall be consistent with the desired purposes of the District such as village centers, which are compact communities that offer basic consumer services and activities for nearby residents. Uses may draw shoppers and employees from the surrounding area, but may not be primary regional shopping centers.

Industrial. Light industrial uses are permitted as set forth in the District Use Regulations Table. Large-scale, heavy industries, including those that produce noxious noise or fumes, or generate intense traffic, are not permitted. Notwithstanding the inherent pedestrian-unfriendly nature of industrial uses, industrial uses shall embrace a village design concept, in keeping with the design guidelines.

Open space.

Ownership. The required open space shall be a separate and distinct lot(s) to which ownership shall be vested in a legally viable entity, which shall be responsible for the use and maintenance of the open space. Ownership of required open space shall be conveyed to one of the following:

The Town (if it is accepted for park, open space, agricultural, or municipal use),

A nonprofit organization, the principal purpose of which is the conservation of open space,

A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants, or

Land in agricultural use at the date of adoption of this chapter may remain in private agricultural use, provided that a conservation easement to preserve such agricultural use shall be conveyed to one of the entities set forth in Subsection C(4)(a)[1] and [2] above.

Use. Open space may be used for one or more of the following purposes:

Agricultural use, including farming or growing crops.

Conservation and passive recreation areas.

Pedestrian-friendly parks, plazas, Town green, village commons, etc, designed to include such features as benches, tables, playground equipment, sidewalks, lighting and landscaping.

Active outdoor recreation to fulfill the needs for such facilities created by the residential development.

Buffer areas between development within the MU Districts and between the MU Districts and adjacent property.

§ 340-3.38 Density and dimensional standards.

Density shall be regulated by net density as well as by the dimensional standards set forth herein. The provisions of § 340-3.5, District dimensional regulations, shall not apply to new uses in the MU District. Single- and two-family homes lawfully existing on the date of adoption of this chapter shall be regulated by the dimensional standards of the RU-20 Zoning District. Density shall be based on the total acreage of land within the area proposed in a master plan.

Minimum lot area. There shall be no minimum lot area. However, no lot shall be made through the subdivision that is not developable unless it is set aside as conservation land. Development within a land development project may be subdivided into lots of any size provided that all other requirements of this article are met, or development may take place on one single lot, or any combination thereof. Condominium ownership may be used in addition to or in place of individual lots.

Residential density limits. Residential density shall be determined by the number of total dwelling units, and the bedroom configuration of such units, within the overall project area, including land dedicated for open space. Rooming units shall include hotel, motel and other transient residential use units, as well as residential care and assisted living facility units. Residential density shall not exceed the following:

Standard	MU-1	MU-2
Dwelling units	2,000 square feet of land area per unit/1,000 square feet per bedroom	N/A
Rooming units	1,000 square feet of land area per bedroom	1,000 square feet of land area per bedroom
Maximum number of dwelling units in any 1 building	25	N/A

Note: Any room other than a kitchen, a bathroom, and one living room and one dining room per unit shall be deemed to be a bedroom, whether or not such room has a door installed.

Recreational and general density limits. In any MU District, for any recreational use (such as a motion-picture theatre or driving range) that is not explicitly restricted to use by only the residents of the project, or any other use not classified herein, allowable density shall be determined by the Planning Board, based primarily on the traffic impact of such use. The Planning Board shall consider such factors as the number of vehicle trips per day set forth in the most recent edition of the ITE Trip Generation Guidelines, the concentration of such trips in peak hour periods, and the coordination of traffic impacts with other existing and proposed uses in the MU districts.

The maximum footprint per building shall be as set forth as follows: no single use (defined as within the same building or within 20 feet of another such use) within any MU Zone shall exceed the following limits of Gross Floor Area (GFA):

Use	Maximum GFA (square feet)
Restaurant	10,000
Theatres	20,000
Retail	15,000
Light industrial and office uses	150,000

§ 340-3.39 Design standards for MU-1 District.

The following standards shall apply to new development in the MU-1 District:

The maximum height of any building in the MU-1 Zone shall be 50 feet.

The minimum front yard setback from public or private road (right-of-way/property line) shall be three feet. The maximum setback shall be 15 feet.

Subject to the buffer zone requirement in Subsection A(2) above, the minimum side or rear yard setback shall be zero feet in the MU-1 Zone and 20 feet in the MU-2 Zone.

Site design. In order to create the desired village-style development pattern in the MU-1 District, village-like groupings of small-scale buildings, rather than a large individual structure or box-like buildings set back on a large expanse of paved parking is encouraged. New buildings shall not be large, bulky masses, but shall be scaled down into groupings of smaller attached or detached structures.

Building design.

Orientation. The principal building shall be oriented on the lot parallel with the front setback line to establish and preserve a consistent building line, with primary entrances oriented toward the street. Where appropriate, a building may be oriented around a courtyard or respond in design to a prominent feature, such as a corner location.

Materials.

A building's front facade shall be faced with materials used in traditional New England architecture, such as brick, granite, wood clapboard and shingles and traditional detailing such as substantial corner boards, window trim, etc.

The main elements of the architectural treatment of the building's front facade, including the materials used, shall be continued around all sides of the building that are visible from a street or a pedestrian plaza.

All buildings must be constructed of masonry materials and/or architectural quality steel panels. EFS wall systems are prohibited.

Vertical design. Buildings shall have a vertical orientation, to be achieved in one of the following ways: 1) the building has a greater height than width, or 2) the facades and roof lines of the building are designed to reduce massing and bulk so that it appears as a group of smaller masses with a vertical orientation. Wherever possible, the height of the first floor of a commercial building should be taller than the upper floors and expressed through facade treatments that convey the functional diversity within the building.

Maximum building height will be 50 feet. This maximum building height does not include roof mounted heating, ventilation and air-conditioning equipment or telecommunication equipment. All equipment that exceeds the 50 feet limitation and/or can be seen from the street or an abutter must be visually hidden using roof mounted architectural screens.

Massing. Buildings more than 45 feet in width along the street frontage shall be divided into increments not more than 45 feet wide through articulation of the facade, such as variations in building setbacks, roof lines or materials; window bays; and multiple entrances.

Rooflines. Roofs shall be pitched with a minimum slope of 6:12 and a maximum slope of 9:12. The Planning Board may permit a flat roof, provided that the flat roof structure is capped by an articulated parapet design that acts as a structural expression of the building facade and its materials, visible from all sides of the building, or the flat roof structure is a green roof system with green roof plants suited for the local climate. A roof shall, at a minimum, have articulated parapets concealing flat roofs and rooftop equipment (such as HVAC units) which are visible from adjoining streets or properties.

Windows and transparency.

For commercial or mixed use buildings, at least 40% of any ground floor facade that is visible from, fronting on, and located within 60 feet of an arterial street shall be comprised of windows with clear glass allowing views into the interior. Display windows may be used to meet up to one-half of this requirement.

In a commercial or mixed use building, at least 15% of a side or rear facade facing a public right-of-way, parking area, or open space shall be transparent.

Reflective glass, glass tinted more than 40%, and highly reflective surfaces shall not be used on building fronts.

Windows on the upper floors of the street facade shall be at least four feet tall and 2.5 feet wide, and shall have a ratio of height to width between 1.5:1 and 2:1.

Location of garage doors. Garage doors or loading docks are prohibited in the front facade of any building facing the street. No detached garage shall be located closer to the front lot line than the front of the principal building or structure on the lot.

In the MU Districts, for any new construction:

A minimum of 10% of the land area (other than the building footprint) must remain landscaped or natural, designed by a landscape professional.

Parking. Generally, parking shall be regulated by off-street parking and loading requirements of §§ 340-4.19 and 340-4.20. In the MU-1 Zone, to facilitate the desired village-style development, shared parking and on-street parking may be permitted. Shared parking arrangements may be permitted by the Planning Board for different uses which have different hours, days, and/or seasons of peak parking demand. On-street parking may be permitted by the Planning Board for any development within the District. In permitting on-street parking, the Board may require roadway construction standards, including pavement width, which may be reasonably necessary to accommodate on-street parking. If permitted, the number of on-street spaces may be added to the number of off-street spaces for the purpose of calculating minimum parking requirements. The Board may impose conditions required in order to guarantee that on-street parking spaces remain available for parking in the future.

Circulation. The design of proposed access, street layouts, and impacts on adjacent public roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Board for any application for development within any MU District. Common driveways and shared access that serves more than one property are encouraged. Roads within the MU Districts shall be constructed to the standards for roads established by the Article 5-7 "Standards for the Construction of Public Improvements" in the Regulations. An application may be denied by the Board if the proposal is demonstrated to create a hazardous condition when the traffic to be generated together with existing traffic conditions will adversely impact the safety and/or mobility of the general public.

Site coverage. No more than 60% of the surface area of any lot shall be improved with structures and a minimum of 10% shall be grassed or landscaped. A structure shall include all buildings, outbuildings, or structures or other improvements having a self-supported roof and/or sidewalks.

Access. To the extent possible, all new uses as part of a master plan shall be provided with vehicular access to an internal network of streets which shall intersect with arterial roads at locations approved by the Planning Board. Subject to the approval of the Board, new uses may also have vehicular access from an existing local road. The number of curb cuts to access the master plan area shall be minimized.

Pedestrian circulation. As part of its review of development within the District, the Planning Board shall require that adequate, safe and attractive pedestrian and/or bicycle circulation be provided. A sidewalk network shall be provided throughout the District that interconnects all dwelling units with other dwelling units, nonresidential uses, common open spaces, and with major activity centers adjacent to the District. The Board may require construction of on-site or off-site sidewalks, footpaths or bicycle paths. In particular, pedestrian access shall be provided in residential and retail commercial areas, but pedestrian access for light industrial and institutional development shall be required only if the Planning Board finds that such access is reasonable and necessary for reasons of public safety. Access to off-site areas is required, particularly to permit pedestrian and/or bicycle access to the existing retail areas on arterial roads.

Lighting. External light must be directed downwards and be designed to eliminate illumination of adjoining parcels. Wall-pack mounted lighting is prohibited.

Signs. Signs shall be governed by Article XIII, with the following additional requirements:

Signage plan. The Planning Board shall require the submission of a comprehensive signage plan for all uses, individual buildings or complex of buildings and uses as part of its review. The signage plan shall include conceptual drawings and supporting information describing the proposed signage for all major buildings and uses, including entrance signs, directional signs, etc. The Board may approve, approve with conditions or deny such plan as required to achieve consistency with the purposes of this chapter and the development plan review guidelines.

Setback. Signs for any individual buildings and/or uses shall be located and integrated into the building design or traditionally styled hanging signs, and not be located within any required setback, except for permanent signs at major entrances to the development. The Planning Board shall limit the number of such major entrance signs to roads or driveways which provide access to major complexes of uses and buildings within the District, and not to individual uses or buildings. No such major entrance sign shall be permitted for individual uses or buildings. If a multibuilding development is large enough to warrant a sign, it should be a very low, very horizontal sign integrated into the landscape.

No self illuminating signs (signs to be either gold leaf or individually cut letters). Gooseneck-style lighting is preferred.

§ 340-3.40 Design standards for MU-2 District.

The following development standards shall apply to new development in the MU-2 District:

Maximum height. The maximum height of any building in the MU-2 Zone shall be 75 feet.

Setback. The minimum front yard setback from public or private road (right-of-way/property line) shall be 50 feet and minimum side and rear setback shall be 40 feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Exceptions to setback. The following improvements or parts of improvements are specifically excluded from the setback requirements set forth in Subsection B:

Steps and walkways;

Access or service roads;

Fences, subject to the requirements set forth in Subsection S;

Landscaping and irrigation systems;

Planters;

Lighting fixtures;

Underground utilities and sewers; and

Parking areas.

Site coverage. No more than 40% of the surface area of any lot shall be improved with structures. A structure shall include all buildings, outbuildings, or structures or other improvements having a self-supported roof and/or sidewalks.

Site disturbance. The area of site disturbance shall be limited to the extent feasible for the purpose of minimizing damage to tree growth. Disturbance of tree growth should be limited to areas for proposed roadways, parking, building footprint and drainage areas/basins.

Landscaping. The area of each lot between any street and any minimum setback line shall be landscaped with a combination of trees, shrubs and other ground cover. All portions of a lot not fronting a street and not used for parking, storage, or buildings shall be landscaped in a complementary and similar manner. No less than 20% of the surface area of any lot shall be devoted to landscaping in keeping with indigenous plant materials. Plantings and grassed areas should be designed to minimize the need for irrigation and to maximize the capacity to withstand drought.

Ground cover. No mulch shall be used unless it is in a bed. Mulch shall not be used as a design element. No gravel or crushed stone shall be used as a ground cover.

Irrigation systems. The use of underground irrigation systems is encouraged. Such irrigation systems should utilize advanced electronic controls to efficiently manage water usage based on environmental conditions such as rainfall, humidity and wind. The collection of stormwater runoff from roofs for landscape irrigation purposes is strongly encouraged.

Berms. Use of contoured earth berms are required to buffer parking lots and loading areas that are above-grade of the roadway. Parking lots and loading areas that are below-grade of the roadway must be buffered using large deciduous trees.

Meadow grass. Use of meadow grass between a building and roadway is prohibited except for areas of severe slope. In areas of severe slope, natural soil erosion and vegetation establishment technologies are highly preferred as alternatives to riprap boulders.

Curbs. Use of asphalt berm is prohibited. Cape Cod asphalt berm, concrete or granite curbing shall be required. If Cape Cod berm is used, it must be installed prior to the final course of pavement. Entrance drives must use either concrete or granite curb.

Sidewalks. All newly constructed streets in an MU-2 Zone shall include a minimum four-foot-wide sidewalk on at least one side of the street. All sidewalks shall include a two-foot minimum tree lawn between the curb and the sidewalk and include deciduous trees planted at 15 feet minimum intervals.

Parking. Generally, parking shall be regulated by the provisions of §§ 340-4.19 and 340-4.20 (off-street parking and loading requirements). Off-street parking adequate to accommodate the parking needs of the owner or occupant and employees and visitors thereof shall be provided by the owner or occupant of each lot. The intent of this provision is to prohibit any on-street parking in the MU-2 Zone. If parking requirements change as the result of a change in the use of a lot or in the number of persons employed by the owner or occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards:

In cases where definition between parking areas are required, heavy timber guard rails are encouraged and tire bumpers are discouraged. Dedicated parking adjacent to the building shall be provided for hybrid and/or electric vehicles, motorcycles and bicycles.

Lighting of parking lots shall be with fixtures where light is directed down (cutoff fixtures). Use of energy efficient light fixtures as an alternative to HID lights is strongly preferred. Building-mounted wall lights (wall packs) are prohibited.

The perimeter of parking areas shall be landscaped with solid green evergreen plant material so as to screen said areas from view from adjacent streets. Such screening shall extend at least 48 inches above the high point of the finished pavement in said parking area.

If a parking lot contains 15 or more parking spaces, not less than 6% of the interior of such parking lot shall be landscaped. The use of landscaped earth berms to accomplish such landscaping is encouraged. Strips between parking bays shall also be landscaped with deciduous trees and ground cover.

Storage and loading areas. The location of any outside storage, maintenance, and loading areas must be constructed, maintained and used in accordance with the following conditions:

Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles, shall be permitted only if:

The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises;

The area devoted to outside storage does not exceed 5% of the gross floor area of the principle structure on the site;

The area is screened; and

The area is located upon the rear portions of a lot.

Provisions shall be made on each site for any necessary vehicle loading, and no on-street vehicle loading shall be permitted.

CERTIFICATES OF APPROPRIATENESS

Loading dock areas shall be set back, recessed, or screened so as not to be visible from neighboring property or streets, and in no event shall a loading dock be closer than 75 feet from a property line fronting upon the street.

Refuse collection area. All outdoor refuse collection areas shall be enclosed and solidly screened so as not to be visible from neighboring property or streets. No refuse collection area will be permitted between a street and a building.

Exterior building material. Use of masonry brick for all exterior walls visible from the street(s) is strongly encouraged. All masonry block used must be either scored or accent block. Metal panels on exterior walls are allowed, however, on rear walls and expansion walls. Full metal panel walls are not allowed. Wood on building exterior is prohibited. Exterior insulation and finish systems (EIFS) such as Dryvit or Synergy or other EIFS systems shall not be used as the basic building siding material but may be used as accents or soffits under roof overhangs or as the ceiling of canopies only if such EIFS systems are at least six feet above the finished grade.

Signage. Signs in the MU-2 Zone shall generally be governed by Article XI with the following additional requirements. No sign shall be allowed other than business park identification signs, information and vehicular control signs, signs identifying the building or the business of the owner or occupant of a lot, signs offering the lot for sale or lease, and temporary development signs. Prohibited signs include billboards, roof signs, A-frame and portable signs, light bulb strings, pennant strings, banners, streamers, spinners, and devices similar in nature, and all moving, flashing, rotating or blinking signs and flags, other than flags of the United States, State of Rhode Island, flag of the owner or occupant, or the countries in which the occupant does business. Wall signs shall not exceed an aggregate of one square foot per linear foot of front wall length, not to exceed 60 square feet. One freestanding sign structure per business identifying the principal use shall be permitted provided that the total area is not greater than 43 square feet.

Exterior utilities. Placement of all exterior utilities (poles, air-conditioning units, transformers) must be located in a manner not to conflict with the main landscape features and must be concealed from view by landscaping or masonry screens.

Fencing. No security fencing is allowed on front or side of a building. Fencing may be used for security purposes in back of the building and only if buffered from the street.

LEED certification. All new construction projects are encouraged to be designed in a manner to achieve at least base core and shell LEED (Leadership in Energy and Environmental Design) certification or other recognized rating system. Applying for LEED certification is not required.

Renewable energy. Use of renewal energy sources such as solar hot water, solar electricity and geothermal heating and air-conditioning systems are strongly encouraged.

HVAC equipment and controls. HVAC designers are strongly encouraged to include comparative enthalpy economizer, demand controlled ventilation, condensing boiler/furnaces, advanced technology burners, ENERGY STAR^® rated appliances, premium efficient motors, and electronically commutated magnet (ECM) motors in their designs. Utility energy efficiency incentive programs shall be used as a guideline during the design process.

§ 340-3.41 Authority.

This article is adopted in accordance with R.I.G.L. Title 45, Chapter 24.1, as amended, which:

Declares the preservation of structures of historic or architectural value to be a public purpose;

Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city or Town;

Provides for definitions of terms used in historical area zoning; and

Establishes a uniform procedure regarding historical area zoning.

§ 340-3.42 Legislative intent.

The regulations in this article have been adopted to preserve districts and specific buildings of the Town which reflect elements of its cultural, social, economic, political and architectural history. This article is designed to stabilize and improve property values in such historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and specific buildings for the education, pleasure and welfare of the residents of the Town.

§ 340-3.43 Definitions.

The following terms shall have the following respective meanings:

ALTERATION

An act that changes one or more of the exterior architectural feature or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance.

APPURTENANCES

Features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.

A certificate issued by the Town Historic District Commission established under this article indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purpose of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the Commission has determined to be historically or architecturally significant.

CONSTRUCTION

The act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes, and retaining walls.

DEMOLITION

An act or process that destroys a structure or its appurtenances in part or in whole.

HISTORIC DISTRICT

A specific division of the Town as designated by ordinance of the Town pursuant to this article. A historic district may include one or more structures.

REMOVAL

A change meant to remedy damage or deterioration of a structure or its appurtenances.

REPAIR

A change meant to remedy damage or deterioration of a structure or its appurtenances.

STRUCTURE

Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

§ 340-3.44 Designation of Historic Districts.

For the purposes of this article, the boundaries of Historic Districts are established as shown on a map entitled "Historic District Map," which is filed in the office of the Town Clerk. Such Map is hereby incorporated as part of this article.

It is the intent of this article that historic property owned by the Town within the boundaries of designated Historic Districts as shown on the "Historic District Map" shall not be exempt from the provisions of this article.

§ 340-3.45 Historic District Commission.

Establishment. There is hereby established a Historic District Commission to carry out the purpose of this article.

Membership and appointment:

The Commission shall consist of seven qualified members, residents of the Town, to be appointed by the Town Council President with the consent of the Council. Members shall be appointed for three year terms, except that the initial appointments of two members shall be for one year, two members for two years, and three members for three years. Members shall be eligible for reappointment.

Members of the Commission shall have a demonstrated interest in historic preservation. Duly organized and existing preservation societies may present to the Town Council President lists of qualified citizens to be considered for appointment.

The Town Council President shall have the right to name an auxiliary member to the Commission in addition to the regular members, which auxiliary member shall sit as an active member, upon the request of the Chairman of the Commission when and if a regular member of the Commission is unable to serve at any meeting of the Commission.

In the event of a vacancy on the Commission, the Town Council President shall promptly make an interim appointment, with the consent of the Council, for the remainder of the unexpired term. Vacancies on the Commission shall be filled within 45 days.

Members of the Commission shall serve without compensation.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Organization of the Commission.

The Commission shall organize annually and, by election, shall select from its membership a Chairman, Vice Chairman and a Secretary.

The Commission shall:

Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article; and

Adopt and publish Standards of Review which shall be in harmony with the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 67.1, as amended, within 12 months following the adoption of this article to inform Historic District residents, property owners, and the general public of those criteria by which the Commission shall determine whether to issue a certificate of appropriateness. The Commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments.

Conduct of business:

The Chairman shall preside over all Commission meetings and shall have the right to vote.

The Vice Chairman shall, in the case of absence or disability of the Chairman, perform the duties of the Chairman.

All meetings of the Commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the Commission reaches its decision.

The Secretary shall keep a record of all resolutions, proceedings, findings of fact, decisions and actions and such record shall be on file for public view at the office of the Town Clerk.

Notice of the Commission meetings shall appear in a newspaper of general circulation in the Town seven days prior to such meetings.

Five members shall constitute a quorum and the concurring vote of a majority, but not less than four of the members present shall be necessary for either approval or rejection of any plans before the Commission for review and for establishing or amending Commission rules.

Powers and procedures.

Certificate of appropriateness required:

Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances, within any designated Historic District, the owner must apply for and receive a certificate of appropriateness from the Commission approving such construction, alteration, repair, removal or demolition.

In applying for a certificate of appropriateness, a property owner must comply with the application procedures as established by the Commission pursuant to R.I.G.L. Title 45 Chapter 24.1, as amended, and the provisions of this article.

A certificate of appropriateness is necessary only if a building permit is required for such construction, alteration, repair, removal or demolition. The Building/Zoning Official may not issue a permit until the Commission has granted a certificate of appropriateness.

Application for certificate of appropriateness.

Application for certificates of appropriateness shall be filed with the Commission at the office of the Building/Zoning Official, who shall determine if such application is complete and who shall forward complete applications, together with all maps, plans, and other data to the Commission. Incomplete applications shall be returned to the applicant within seven days of receipt by the Building/Zoning Official.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The Commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition including but not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the Commission and set forth in the Commission's rules and regulations adopted pursuant to this article.

In reviewing the applications and plans, the Commission shall give consideration to:

The historic and architectural significance of the structure and its appurtenances;

The way in which the structure and its appurtenances contribute to the historical and architectural significance of the District;

The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans; and

The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

All decisions of the Commission shall be in writing. The Commission shall articulate and explain the reasons and bases of each decision on a record, and the Commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the Commission has determined to be historically or architecturally significant. The Commission shall send a copy of the decision to the applicant.

The following are special considerations regarding valuable historic resources and demolition:

In the case of an application for construction, repair, or alteration, removal, or demolition affecting the exterior appearance of a structure or its appurtenances which the Commission deems so valuable to the Town, state or nation that the loss thereof will be a great loss to the Town, state or nation, the Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.

Unless the Commission is satisfied that the intention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure to any purchaser willing to preserve such structure, the Commission shall file with the Building/Zoning Official its rejection of such application.

Unless the Commission votes to issue a certificate of appropriateness for such construction, alteration, and repair, removal and demolition, the Commission shall file with the Building/Zoning Official its rejection of such application.

In the absence of change in such structure arising from casualty, no new applications for the same or similar work shall be filed within one year after such rejection.

In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Commission may file with the Building/Zoning Official its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the proceeding paragraph are in existence, or if:

[a]

Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

[b]

Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure;

[c]

The preservation of such structure would not be in the best interest of the majority of the community;

[d]

When considering an application to demolish or remove a structure of historic or architectural value, the Commission shall assist the owner in identifying and evaluating alternative to demolition, including sale of the structure on its present site. In addition to any other criteria, the Commission also shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure and whether the owner has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

§ 340-3.46 Failure of Commission to act.

The failure of the Commission to act within 45 days from the date of a completed application filed with it shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the Commission. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information that can be obtained within the aforesaid period of 45 days, then and in said event, the Commission shall have a period of up to 90 days within which to act upon such application.

§ 340-3.47 Advisory role.

In order to assist the Town, its agencies, boards, commissions, staff, Administrator, and Council on matters of historic preservation, the Commission may provide its expertise and advise as appropriate.

§ 340-3.48 Educational role.

In order to assist the citizens of the Town, especially the owners of historical properties on matters of historic preservation, the Commission may provide its expertise by undertaking educational programs to promote the Historic Districts contained within the Town.

§ 340-3.49 Exceptions.

Nothing in this article shall be construed to prevent routine maintenance or repair of any structure within a Historic District, provided that such maintenance or repair does not result in any change of design, type of material, or appearance of the structure or appurtenance, nor shall anything in this article be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the Building/Zoning Official prior to the passage of this article.

§ 340-3.50 Equitable actions.

Where there is a violation of any of the provisions of this article or of any action taken thereunder, the Building/Zoning Official, through the Town Solicitor, shall institute an appropriate action to prevent, enjoin, abate or remove such violation.

§ 340-3.51 Preservation of endangered structures.

The Town Council, in consultation with the Historic District Commission, may identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of such structure or its appurtenances. The Council shall publish standards for maintenance of properties within Historic Districts. Upon the petition of the Historic District Commission that a historic structure is so deteriorated that its preservation is endangered, the Council may establish a reasonable time not less than 30 days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the Council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the Council's orders, the Council may cause the required repairs to be made at the expense of the Town and cause a lien to be placed against the property for repayment.

§ 340-3.52 Appeals.

Any person aggrieved by a decision of the Historic District Commission shall have the right to appeal such decision to the Zoning Board of Review. When hearing appeals from the Commission decisions, the Zoning Board of Review shall not substitute its own judgment for that of the Commission, but must consider the issue upon the findings and the record of the Commission. The Zoning Board of Review shall not reverse a Commission decision except on a finding of prejudicial or procedural error, clear error or lack of support by the weight of the evidence in the record. The Zoning Board of Review shall put all decisions on appeal in writing. The Zoning Board of Review shall articulate and explain the reasons and basis of each decision on the record, and the Zoning Board of Review shall send a copy of the decision to the applicant and to the Historic District Commission. Any person aggrieved by a decision of the Zoning Board of Review on a matter appealed under this article may apply to the Superior Court of Rhode Island.

§ 340-3.53 Enforcement; violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The Building/Zoning Official may bring an action against any property owner who fails to comply with the requirements of this article. Such actions shall be brought in the Superior Court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this article.

Every person who shall have any historical building, or portion of a historical building, demolished without the requisite permits as required by R.I.G.L. Title 45, Chapter 24.1, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500 and/or imprisonment of up to one year.

North Smithfield City Zoning Code

PART 3

District Use Regulations

§ 340-3.1 Establishment of districts.

[Amended 4-1-2018; 5-21-2018]

For the purpose of this chapter, the Town of North Smithfield is hereby divided into the following 11 zoning districts:

District	Symbol	Description
Residential	REA	Rural Estate Agricultural
Residential	RA	Rural Agricultural
Residential	RS	Residential - Suburban
Residential	RU	Residential - Urban
Business	BN	Business - Neighborhood
Business	BH	Business - Highway
Business	LC	Limited Commercial
Mixed Use	MU-1	Mixed Use - Commercial
Mixed Use	MU-2	Mixed Use - Industrial
Manufacturing	M	Manufacturing
Open Space	OS	Open Space

Overlay districts.

Each of the overlay zoning districts established by the provisions of this chapter was created with a specific intent as follows:

Historic District Overlay Zone (HD). This district is established to preserve structures of historic or architectural value as defined in Article IX, Historical District.

Solar Photovoltaic Overlay District. See § 340-3.20, Purpose, of Article VII.

§ 340-3.2 Intent of each zoning district.

[Amended 4-1-2019]

Each of the underlying zoning districts established by the provisions of this chapter are created with specific intent as follows:

§ 340-3.3 Interpretation of District Use Regulations Table.

Y - The use is permitted by right.

S - The use may be permitted as a special use under the provisions of Article VI of this chapter.

Y_T - The use shall be permitted under provisions of this chapter for a limited time as customarily appropriate to the use, not to exceed one year.

N - The use is not permitted

Editor's Note: See also Ch. 212, Land Development.

§ 340-3.4 District Use Regulations Table.

[Amended 4-1-2019]

The District Use Regulations Table is included as an attachment to this chapter.

§ 340-3.5 District dimensional regulations.

[Amended 4-1-2019]

Note: Part 4, Article VI, and § 340-5.20, where applicable, contain certain provisions, modifications, and limitations to the following dimensional regulations.

Residential districts. The district regulations for residential districts is included as Attachment C to this chapter.

Nonresidential districts. The district regulations for nonresidential districts is included as Attachment C to this chapter.

Land unsuitable for development includes the following areas:

Water bodies.

Areas within a 100-year flood zone, as defined by FEMA.

Land within the right-of-way of any existing or proposed public or private street.

Land within any publicly or privately held easement on which aboveground or below-ground utilities, including but not limited to electrical transmission lines >69 kV, are constructed.

Cemeteries.

Zoning District	Minimum Contiguous Developable Lot Area (square feet)
RU-20	20,000
RS-40	40,000
RA-65	65,000
REA-120	120,000

§ 340-3.6 Application procedures for special use permits.

§ 340-3.7 Application requirements.

The application for a special use permit, variances and appeals shall be accompanied by the following:

All plans submitted shall be stamped by a registered or licensed land surveyor or civil engineer with similar information showing the proposed development of the site.

The Board and the Building/Zoning Official may require any additional information they deem necessary.

§ 340-3.8 Standards for designated special use permits.

§ 340-3.9 Accessory uses.

§ 340-3.10 Drive-in theaters, summer theaters, and amphitheaters.

The site shall contain at least five acres.

The site shall have direct access to a public street.

All structures shall be set back at least 100 feet from any street or boundary line. Viewing areas and seating areas shall be set back at least 50 feet from any street or boundary line.

All parking areas and accessways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.

Off-street parking spaces shall be provided in accordance with the provisions of this chapter.

The following accessory uses may be permitted as incidental to and limited to patrons of the principle use:

Amusement park, kiddy land (noncommercial).

Refreshment stands or booth.

For any drive-in theater:

The theater screen shall be shielded in such a manner that the projected image cannot be observed from highways with state route designations within 2,500 feet.

§ 340-3.11 Fairgrounds or exposition grounds.

A site shall contain at least 20 acres and shall have direct access to a public street.

All structures shall be set back at least 50 feet from a lot line.

Adequate vacant area must be available on the site to provide parking space sufficient to handle all anticipated crowds.

Accessory uses consistent with the use of the grounds shall be permitted to the extent that they do not constitute a general retail sales outlet.

§ 340-3.12 Utility structures.

§ 340-3.13 Extraction of earth products.

Less than 10 cubic yards of material in the aggregate in any year from any lot;

In grading land for construction of a roadway;

Lot lines, ownership, abutters, adjacent public streets, watercourses, existing contours at intervals of not more than five feet and location plan at a scale of not less than 400 feet to the inch;

Proper provision for vehicular traffic, service roads, control of entrances and exits to highways;

Restoration plan.

A restoration plan prepared by a registered engineer, land surveyor or landscape architect at the same scale required for the site plan in Subsection B(1) above and setting forth:

The existing contours of the tract of land with a contour interval not exceeding five feet, based upon classifications of preliminary samples of the material to be removed;

The final contours of the tract of land with a contour level not exceeding five feet upon completion of earth removal operations; and

The said land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is, therefore, required that:

The decision of the Building/Zoning Official shall be final in determining when a restoration plan shall be put into effect, either on the entire site or any portion thereof.

Operating conditions.

Initiation or lateral expansion. The initiation or lateral expansion of earth removal is hereby prohibited:

Within 200 feet of a public road;

Within 200 feet of neighboring lot lines.

Reduction of dust; recording instruments.

Drainage; groundwater table elevation; permanent water bodies.

Off-street parking; posting of signs; access roads; truck routes.

Off-street parking shall be provided and utilized by all related vehicles.

Any access to excavated areas or areas in the process of excavation shall be adequately posted with "keep out - danger" signs.

Access roads shall be constructed with a curve so as to help screen the operation from public view.

Explosives. The use of explosives shall be in accordance with the regulations for storage or handling of explosives as set forth by the State of Rhode Island.

Certificate of compliance. A certification by a registered engineer, landscape architect or registered land surveyor that completion of earth removal operations complies with the restoration plan.

§ 340-3.14 Shopping centers.

Development standards.

Permitted uses. Any nonresidential use permitted in the BN or BH Zone is permitted as a principal use of land in a shopping center.

Site area. A shopping center shall be located on a parcel of land having an area of at least 10 acres.

Maximum lot coverage. The total ground area occupied by all principal buildings, together with all accessory buildings, shall not exceed 25% of the total area of the parcel of land.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Access and traffic control.

The width of any accessway leading to a public street shall not exceed 25 feet at its intersection with the property line. Curb returns shall have a minimum radius of 30 feet.

The location and number of accessways shall be so arranged that they will reduce traffic hazards as much as possible.

Waste pens. Each building shall be provided with an enclosed and covered waste pen of sufficient size to accommodate all trash and waste stored on the premises.

(13)

Trash burners and incinerators. There shall be no trash burner or incinerator or any burning of trash on the premises.

Application requirements. In addition to the general application requirements, the applicant shall furnish the following information and exhibits concerning his proposed development:

Financial statement. An applicant's current financial statement.

Existing conditions. A suitable sketch showing:

Boundary line of the proposed shopping center and the total acreage encompassed thereby.

The size and location of existing sewers, water mains, culverts, manholes and other underground facilities within the tract.

Generalized contour lines.

Proposed conditions. Preliminary sketches showing the following:

Location, general layout and dimensions of principle and accessory buildings;

Architectural sketches of the proposed buildings;

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

Traffic circulation within the confines of the shopping center;

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

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

Location and dimensions of pedestrian entrances, exits, walks, and walkways;

Drainage and sanitary systems.

Proposed name of shopping center;

Names and addresses of applicants and designer who made the plan;

Location of legal description;

Boundary line of proposed shopping center indicated by solid line, and the total acreage encompassed thereby;

North arrow;

Scale of plan, one inch to 50 feet;

Plan completion date;

Contours of two foot intervals;

(j)

Existing and proposed sewers, water mains, culverts, and other underground facilities and utilities within the tract, indicating pipe sizes, grades, manholes, and location;

(k)

The stages, if any, to be followed in the construction of the shopping center;

(l)

Location and general exterior dimensions of principal and accessory buildings;

(m)

Preliminary architectural drawings for all buildings;

(n)

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

(o)

A traffic flow map showing circulation patterns within the confines of the shopping center;

(p)

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

(q)

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

(r)

Location, and dimensions of pedestrian entrances, exits, and walks;

(s)

Drainage and sanitary system;

(t)

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

(u)

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

(v)

Location, size, height and orientation of all signs other than flat signs on building facades;

(w)

If it is proposed to restrict signs or to establish an association of merchants by means of lease provisions or covenants, the text of such provisions.

§ 340-3.15 Multifamily dwellings; apartments.

Development standards.

Water. Municipal water shall be available at the site in sufficient quantity.

Road and parking area construction. All areas, whether for public or private use which are paved for vehicular purposes, shall be constructed in accordance with Town subdivision regulations.

Access and egress. On any one street there shall not be more than one opening for access or egress at 500-foot intervals.

Open space dedication. Open space dedication to the public, if required, shall not exceed 5% of the site area.

Application requirements. Application requirements shall be substantially as required for shopping centers in § 340-3.14B.

Procedure. Procedure for acquisition of building permits for multifamily dwellings and apartments shall be essentially those required for shopping centers in § 340-3.14C.

§ 340-3.16 Home occupations.

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit, provided that:

No person other than members of the family residing on the premises shall be engaged in such occupation.

No home occupation shall be conducted in any accessory building except as a special use permit.

There shall be no sales in connection with such home occupation.

Does not include barber, beautician or hairdresser.

§ 340-3.17 Accessory dwelling units.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Development standards:

Dwelling unit shall not exceed 700 square feet.

Dwelling unit shall not have more than one bedroom.

Only one accessory dwelling unit may be allowed in any single-family detached dwelling. No accessory dwelling unit may be allowed in a two-family or multifamily dwelling.

Any utilities for the principal residence and the accessory unit will be common to both (i.e., electrical, sewerage, heating etc.).

The owner shall provide proof that the individual sewerage disposal system is adequate to support an additional bedroom.

Sale. Upon the transfer of the property the new owner(s) shall have 60 days to sign an affidavit with the Building/Zoning Official's office and then comply annually as aforementioned.

Amnesty period.

Owners of nonconforming units discovered after March 1, 1998, will be in violation of this chapter and subject to penalties as set forth in § 340-5.33, Violations and penalties.

§ 340-3.18 Wireless communications facilities (WCFs).

Address the public safety concerns associated with the siting of wireless communications facilities;

To preserve the character, appearance, property values, natural resources and historic sites of the Town;

Minimize the number of new facilities by encouraging co-location and use of friendly sites;

Limit the height of telecommunication facilities;

Enhance the ability of carriers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

Applicability.

General guidelines and requirements.

Submittals. The following submittals shall be provided as part of the application for site plan review and special use permit:

A report provided by a professional radio frequency engineer describing the general design and capacity of the proposed installation, including:

A description of the tower and the technical, economic and other reasons for the tower design.

Describe the capacity of the tower including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity.

Demonstrate that the tower and site comply with this section.

A site plan prepared by a Rhode Island licensed professional engineer at a scale of 1:40 which will show the following:

Facility location, dimensions and tower height.

Accessory building(s) for switching equipment.

Topography (two-foot contour interval).

Fencing, landscaping and screening.

Access and parking.

[6]

Lighting.

[7]

Areas to be cleared of vegetation and trees.

[8]

Site boundaries.

[9]

Description of adjacent uses.

Co-location.

No existing tower or structures are located within the search area of the proposed tower location or within one mile, whichever is greater.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

Procedures.

Building permits are required for all telecommunication towers, antennas and equipment shelters.

Permitted uses.

Specific permitted uses:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet in height of said existing tower.

Direct broadcast satellite antenna one meter or less in diameter, or home satellite dish of not more than one meter in diameter or measured diagonally.

Special use permits:

General. The following conditions shall require the application for a special use permits:

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by Rhode Island licensed professional engineer.

Height of the proposed tower;

Proximity of the tower to lot boundaries;

Nature of uses on adjacent and nearby properties;

The opportunity for natural screening of telecommunication facilities through a combination of reduced facility height due to site elevation, lot depth, natural vegetation, or topography;

Design of the tower, with particular references to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Design standards. The following design standards shall apply to all towers and antennas.

Setbacks and separation:

Towers must be set back from any residential structure or lot line a minimum distance of 500 feet or three times the height of the tower, whichever is greater.

Towers must be set back a distance equal to 1 1/2 the height of the tower from the lot line of any adjoining commercial or manufacturing structure or use.

Towers shall not be located within 1,000 feet of a school facility.

Accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

Lighting. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of North Smithfield.

Color. The color of the paint or finish is to be determined by the Planning Board.

Designed to maximize uses. The tower shall be designed to accommodate the maximum number of uses technologically practical.

Exemptions. The following types of wireless communications towers are exempt from this § 340-3.18:

Amateur radio towers used in accordance with terms of any amateur radio service license issued by the Federal Communications Commission, provided that:

The tower is not used or licensed for any commercial purpose.

CROSS-POLARIZED OR DUAL-POLARIZED ANTENNA

Towers and antennas erected on land or structures owned by the Town of North Smithfield for public safety and other telecommunication purposes.

Definitions: As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural grade of a site to the highest point of structure.

ANTENNA

The surface from which wireless radio signals are sent and received by a personal wireless service facility.

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carriers.

A low mount that has three panels flush mounted or attached very close to the shaft.

ELEVATION

The measurements of height above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.

FALL ZONE

FRIENDLY SITES

Existing sites with potential for use as antenna platforms.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A tower that is tied to the ground or other surface by diagonal cables.

The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

Roof-mounted. Mounted on the roof of the building.

Side-mounted. Mounted on the side of the building.

Ground-mounted. Mounted on the ground.

OMNIDIRECTIONAL OR WHIP ANTENNA

Structure-mounted. Mounted on a structure other than a building.

A thin rod that beams and receives a signal in all directions.

PANEL ANTENNA

A flat surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE

The three types of services regulated by this section.

RADIO FREQUENCY (RF) ENGINEER

An engineer specialized in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespassing.

SEPARATION

The distance between one carrier's array of antennas and other carrier's array.

[Amended 3-16-1998]

§ 340-3.19 Medical marijuana.

In addition to the requirements above, the patient cardholder shall demonstrate to the Building/Zoning Official that the following requirements have been met:

That the area used for growing is secured by locked doors;

That the area used for growing has two means of egress;

That the area used for growing shall have proper ventilation to mitigate the risk of mold;

That the area used for growing shall have carbon filters installed to reduce odors;

That smoke alarms/detectors are installed in accordance with the State Fire Code[1] and/or to the satisfaction of the Fire Department;

Editor's Note: See R.I.G.L. § 23-28.1-1 et seq.

Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana
Patient cardholder	12 plants	12 plants

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Landowner and company owner if different.

Proposed loading, unloading, and parking areas.

Hours of operation.

Lighting and security plan in accordance with DBR Regulations 1.5(F)(2)(a) and (c).

Alarm system must link to municipal law enforcement in accordance with DBR Regulation 1.5(F)(3)(c).

Emergency notification and reports must be submitted to municipal law enforcement in accordance with DBR Regulation 1.5(7)(a)(b).

Scaled site plan containing a radius map to ensure facilities are not less than 1,000 feet from public or private school property lines in accordance with DBR Regulation 1.5(D)(4).

Signage plan.

Marijuana extraction. The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

Enforcement.

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with Part 5 and penalties according to § 340-5.33.

All unpermitted preexisting cultivation shall be required to comply with this chapter.

Notices of violation shall be rectified within 90 days.

GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

All uses permitted under this chapter shall fully comply with all licensing requirements of the Town of North Smithfield and laws of the State of Rhode Island.

§ 340-3.20 Purpose.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 340-3.21 Applicability.

This article applies to all solar photovoltaic systems constructed or substantially modified after the effective date of this chapter.

§ 340-3.22 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACCESSORY USE

For the purpose of this article, accessory use shall imply net metering, behind the meter, electrical energy generated for the purpose of self-supplying electrical energy to an existing land use.

APPLICANT

An owner or authorized agent of the owner submitting an application. An authorized agent is someone authorized in writing by the owner.

ENGINEER

A registered Rhode Island professional engineer.

A solar photovoltaic system that has its electricity generating solar panels mounted on racks or frames that are attached to ground based mounting supports.

NONPARTICIPATING LANDOWNER

The height of a solar photovoltaic system measured from predevelopment grade to the highest point of any portion of the system.

HISTORIC SITE

OCCUPIED BUILDING

OWNER-OPERATOR

The owner-operator is the legal entity that owns the solar photovoltaic system and its accessories and is responsible for the operation of the solar photovoltaic system.

PARTICIPATING LANDOWNER

One or more persons that hold title in fee to the property on which a solar photovoltaic system is to be constructed and operated.

ROOF-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

A solar photovoltaic system that has its electricity generating solar panels mounted on the rooftop of a residential or commercial building.

SETBACK LINE OR LINES

SOLAR PHOTOVOLTAIC SYSTEM

§ 340-3.23 Requirements for accessory use solar photovoltaic systems.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

No accessory use solar photovoltaic system may be constructed or substantially modified without first obtaining a building permit.

Accessory use solar photovoltaic systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

Noise generation. Accessory use solar photovoltaic systems shall not generate noise above ambient beyond a lot line on which a solar photovoltaic system is installed.

§ 340-3.24 Requirements for all nonaccessory ground-mounted solar photovoltaic systems.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory use ground-mounted solar photovoltaic systems shall meet or exceed the following requirements and shall be addressed in the application:

Setbacks.

Consistent with Subsection G, Visual buffer and setback, all solar arrays must be set back a minimum of 100 feet from property lines.

Water bodies and wetlands. Setbacks must comply with state environmental regulations.

No installation or operation of a solar photovoltaic system shall result in any form of trespass at any time.

Maximum height. The maximum height of any component or appurtenance structure of the ground-mounted solar photovoltaic system shall be 15 feet.

On-site inspections and construction control.

Soil condition and analysis.

Drainage and runoff systems.

Footings.

Structural integrity of mounting systems.

Fire prevention, detection and alarm systems.

Electrical systems.

Mechanical systems.

Field reports, test data and related documentation.

Photos.

§ 340-3.25 Nonaccessory ground-mounted solar photovoltaic system procedure and submission requirements.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory ground-mounted solar photovoltaic systems shall follow the procedure and submission requirements herein:

The following information shall be provided to the Planning Board and Zoning Board of Review as part of an application for a special use permit to install a solar photovoltaic system:

A completed application form including:

The proposed site address, plat and lot numbers, zone and owners of the proposed solar photovoltaic system site and any contiguous parcels owned by the participating landowners.

A plan, signed and stamped by an engineer, drawn to scale, showing where the solar photovoltaic systems will be located on the lot.

In addition to the information required under §§ 340-3.24 and 340-3.25B(1), the following information shall be provided with an application for a solar photovoltaic system:

All drawings submitted shall be signed and stamped by an Rhode Island licensed engineer. At least one original copy of each drawing shall be provided at each review.

Site plan. Plan shall show the proposed location of each solar photovoltaic system and associated facilities.

Written evidence that the provider of the electrical service to the property has approved connection of an electric generation facility to the electricity grid, if such connection is proposed.

Complete description of emergency and normal shutdown procedures.

Soil analysis confirming that the soil conditions are suitable for the designed mounting system signed and stamped by an engineer.

Constraints imposed by environmental and archeological regulations.

The presence of animal species of concern and/or critical habitat for these species.

The impact on accessways for fauna transit and access to feeding/nesting/watering areas.

Presence of plant communities of concern.

Presence of critical areas of species congregation, such as maternity roosts, hibernation sites, staging areas, winter ranges, nesting sites, and migration stopovers.

The potential impact of habitat fragmentation.

UTILITY-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

§ 340-3.26 Improvement guarantees for ground-mounted solar photovoltaic systems.

Definition and purpose. As used in this article, the following terms shall have the meanings indicated:

IMPROVEMENT GUARANTEE

Is a security instrument or cash accepted by the Town to ensure that all public improvements are properly protected.

PUBLIC IMPROVEMENT

§ 340-3.27 Security cash bond; decommissioning unused or abandoned ground-mounted systems.

Decommissioning shall be overseen and certified by the Town's peer review engineer before funds are released, at the applicant's and/or owner's cost and expense.

§ 340-3.28 Enforcement.

Violations of this section shall be enforced by the Building/Zoning Official.

§ 340-3.29 Conflict with other provisions; severability.

The invalidity of any part of this article shall not invalidate any other part of this chapter provision.

§ 340-3.30 Solar Photovoltaic Overlay District.

Definition. For the purpose of this section, large-scale solar photovoltaic systems shall consist of the following.

If any portion of a lot overlaps into the Overlay Zone, only that portion within the Overlay Zone is eligible for solar array.

Notwithstanding any other dimensional provision to the contrary, a setback of 100 feet shall apply and be measured from the Overlay Zone line as depicted on Map 1.

The following maps and lots, either in part or entirety, fall within the Overlay Zone:

012-132	012-136-B	017-175
013-107-A	017-130	016-097
012-137	016-005	016-006
012-156-A	013-052	013-051
012-270	013-012	013-010-A
012-306	012-326

Editor's Note: Map 1 is currently on file in the Town offices.

Effective date. This chapter shall take effect upon passage.

§ 340-3.31 Purpose.

The Mixed Use District (MU) is hereby established in order to:

Provide guidance and a framework for redevelopment and new growth that is sustainable, conserves land and natural resources and that employs best practices in environmental protection.

Provide innovative shared and off-site parking allowances and make pedestrian mobility a focal point for parking lot design.

Provide a safe atmosphere for pedestrian and bicycle uses and a logical connection of destinations within and adjacent to the District.

Provide appropriate site and building design standards to create a varied but coherent streetscape.

Editor's Note: See also Ch. 108, Affordable Housing.

§ 340-3.32 Subdistricts.

§ 340-3.33 Applicability.

§ 340-3.34 Procedure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The following type of proposals shall be subject to the requirements of development plan review, as set forth in Article XXV of this chapter:

Proposals requiring major land development plan review.

Any new use, change in use, or expansion that contains more than 5,000 GSF of floor area.

Any new use, change in use, or expansion being proposed on a lot greater than 1.5 acres.

Development activity as part of the expansion or change of use enhances pedestrian circulation on the site or within the district;

Where applicable, expansion or change of use increases the economic or housing diversity within the district;

Expansion or change of use is consistent with goals to activate the street edge or promote shared parking.

§ 340-3.35 Application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 340-3.36 Criteria for approval.

The Planning Board shall approve, approve with conditions, or deny the application based on the following criteria:

Provides for a mix of uses, including residential and commercial development, and recreation and open space in accordance with §§ 340-3.37 and 340-6.38.

Compliance with the design standards in Article XXV of this chapter.

Provides for safe vehicular access.

Creates a pedestrian-friendly environment.

Provides appropriate connections (pedestrian and/or vehicular) to adjacent development and municipal facilities.

Provides useful open space.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Is consistent with the Affordable Housing Plan.[1]

Editor's Note: See also Ch. 108, Affordable Housing.

Is consistent with the Comprehensive Plan and the purpose and intent of this District.

§ 340-3.37 Permitted uses in MU-1 and MU-2 Districts.

Open space.

The Town (if it is accepted for park, open space, agricultural, or municipal use),

A nonprofit organization, the principal purpose of which is the conservation of open space,

A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants, or

Use. Open space may be used for one or more of the following purposes:

Agricultural use, including farming or growing crops.

Conservation and passive recreation areas.

Pedestrian-friendly parks, plazas, Town green, village commons, etc, designed to include such features as benches, tables, playground equipment, sidewalks, lighting and landscaping.

Active outdoor recreation to fulfill the needs for such facilities created by the residential development.

Buffer areas between development within the MU Districts and between the MU Districts and adjacent property.

§ 340-3.38 Density and dimensional standards.

Standard	MU-1	MU-2
Dwelling units	2,000 square feet of land area per unit/1,000 square feet per bedroom	N/A
Rooming units	1,000 square feet of land area per bedroom	1,000 square feet of land area per bedroom
Maximum number of dwelling units in any 1 building	25	N/A

Note: Any room other than a kitchen, a bathroom, and one living room and one dining room per unit shall be deemed to be a bedroom, whether or not such room has a door installed.

Use	Maximum GFA (square feet)
Restaurant	10,000
Theatres	20,000
Retail	15,000
Light industrial and office uses	150,000

§ 340-3.39 Design standards for MU-1 District.

The following standards shall apply to new development in the MU-1 District:

The maximum height of any building in the MU-1 Zone shall be 50 feet.

The minimum front yard setback from public or private road (right-of-way/property line) shall be three feet. The maximum setback shall be 15 feet.

Subject to the buffer zone requirement in Subsection A(2) above, the minimum side or rear yard setback shall be zero feet in the MU-1 Zone and 20 feet in the MU-2 Zone.

Building design.

Materials.

All buildings must be constructed of masonry materials and/or architectural quality steel panels. EFS wall systems are prohibited.

Windows and transparency.

In a commercial or mixed use building, at least 15% of a side or rear facade facing a public right-of-way, parking area, or open space shall be transparent.

Reflective glass, glass tinted more than 40%, and highly reflective surfaces shall not be used on building fronts.

Windows on the upper floors of the street facade shall be at least four feet tall and 2.5 feet wide, and shall have a ratio of height to width between 1.5:1 and 2:1.

In the MU Districts, for any new construction:

A minimum of 10% of the land area (other than the building footprint) must remain landscaped or natural, designed by a landscape professional.

Lighting. External light must be directed downwards and be designed to eliminate illumination of adjoining parcels. Wall-pack mounted lighting is prohibited.

Signs. Signs shall be governed by Article XIII, with the following additional requirements:

No self illuminating signs (signs to be either gold leaf or individually cut letters). Gooseneck-style lighting is preferred.

§ 340-3.40 Design standards for MU-2 District.

The following development standards shall apply to new development in the MU-2 District:

Maximum height. The maximum height of any building in the MU-2 Zone shall be 75 feet.

Setback. The minimum front yard setback from public or private road (right-of-way/property line) shall be 50 feet and minimum side and rear setback shall be 40 feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Exceptions to setback. The following improvements or parts of improvements are specifically excluded from the setback requirements set forth in Subsection B:

Steps and walkways;

Access or service roads;

Fences, subject to the requirements set forth in Subsection S;

Landscaping and irrigation systems;

Planters;

Lighting fixtures;

Underground utilities and sewers; and

Parking areas.

Ground cover. No mulch shall be used unless it is in a bed. Mulch shall not be used as a design element. No gravel or crushed stone shall be used as a ground cover.

Storage and loading areas. The location of any outside storage, maintenance, and loading areas must be constructed, maintained and used in accordance with the following conditions:

Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles, shall be permitted only if:

The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises;

The area devoted to outside storage does not exceed 5% of the gross floor area of the principle structure on the site;

The area is screened; and

The area is located upon the rear portions of a lot.

Provisions shall be made on each site for any necessary vehicle loading, and no on-street vehicle loading shall be permitted.

CERTIFICATES OF APPROPRIATENESS

Fencing. No security fencing is allowed on front or side of a building. Fencing may be used for security purposes in back of the building and only if buffered from the street.

Renewable energy. Use of renewal energy sources such as solar hot water, solar electricity and geothermal heating and air-conditioning systems are strongly encouraged.

§ 340-3.41 Authority.

This article is adopted in accordance with R.I.G.L. Title 45, Chapter 24.1, as amended, which:

Declares the preservation of structures of historic or architectural value to be a public purpose;

Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city or Town;

Provides for definitions of terms used in historical area zoning; and

Establishes a uniform procedure regarding historical area zoning.

§ 340-3.42 Legislative intent.

§ 340-3.43 Definitions.

The following terms shall have the following respective meanings:

ALTERATION

APPURTENANCES

CONSTRUCTION

DEMOLITION

An act or process that destroys a structure or its appurtenances in part or in whole.

HISTORIC DISTRICT

A specific division of the Town as designated by ordinance of the Town pursuant to this article. A historic district may include one or more structures.

REMOVAL

A change meant to remedy damage or deterioration of a structure or its appurtenances.

REPAIR

A change meant to remedy damage or deterioration of a structure or its appurtenances.

STRUCTURE

§ 340-3.44 Designation of Historic Districts.

§ 340-3.45 Historic District Commission.

Establishment. There is hereby established a Historic District Commission to carry out the purpose of this article.

Membership and appointment:

Members of the Commission shall serve without compensation.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Organization of the Commission.

The Commission shall organize annually and, by election, shall select from its membership a Chairman, Vice Chairman and a Secretary.

The Commission shall:

Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article; and

Conduct of business:

The Chairman shall preside over all Commission meetings and shall have the right to vote.

The Vice Chairman shall, in the case of absence or disability of the Chairman, perform the duties of the Chairman.

The Secretary shall keep a record of all resolutions, proceedings, findings of fact, decisions and actions and such record shall be on file for public view at the office of the Town Clerk.

Notice of the Commission meetings shall appear in a newspaper of general circulation in the Town seven days prior to such meetings.

Powers and procedures.

Certificate of appropriateness required:

Application for certificate of appropriateness.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

In reviewing the applications and plans, the Commission shall give consideration to:

The historic and architectural significance of the structure and its appurtenances;

The way in which the structure and its appurtenances contribute to the historical and architectural significance of the District;

The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans; and

The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

The following are special considerations regarding valuable historic resources and demolition:

In the absence of change in such structure arising from casualty, no new applications for the same or similar work shall be filed within one year after such rejection.

[a]

Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

[b]

[c]

The preservation of such structure would not be in the best interest of the majority of the community;

[d]

§ 340-3.46 Failure of Commission to act.

§ 340-3.47 Advisory role.

§ 340-3.48 Educational role.

§ 340-3.49 Exceptions.

§ 340-3.50 Equitable actions.

§ 340-3.51 Preservation of endangered structures.

§ 340-3.52 Appeals.

§ 340-3.53 Enforcement; violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

North Smithfield City Zoning Code

PART 3

District Use Regulations

§ 340-3.1 Establishment of districts.

[Amended 4-1-2018; 5-21-2018]

For the purpose of this chapter, the Town of North Smithfield is hereby divided into the following 11 zoning districts:

District	Symbol	Description
Residential	REA	Rural Estate Agricultural
Residential	RA	Rural Agricultural
Residential	RS	Residential - Suburban
Residential	RU	Residential - Urban
Business	BN	Business - Neighborhood
Business	BH	Business - Highway
Business	LC	Limited Commercial
Mixed Use	MU-1	Mixed Use - Commercial
Mixed Use	MU-2	Mixed Use - Industrial
Manufacturing	M	Manufacturing
Open Space	OS	Open Space

Overlay districts.

Each of the overlay zoning districts established by the provisions of this chapter was created with a specific intent as follows:

Historic District Overlay Zone (HD). This district is established to preserve structures of historic or architectural value as defined in Article IX, Historical District.

Solar Photovoltaic Overlay District. See § 340-3.20, Purpose, of Article VII.

§ 340-3.2 Intent of each zoning district.

[Amended 4-1-2019]

Each of the underlying zoning districts established by the provisions of this chapter are created with specific intent as follows:

§ 340-3.3 Interpretation of District Use Regulations Table.

Y - The use is permitted by right.

S - The use may be permitted as a special use under the provisions of Article VI of this chapter.

Y_T - The use shall be permitted under provisions of this chapter for a limited time as customarily appropriate to the use, not to exceed one year.

N - The use is not permitted

Editor's Note: See also Ch. 212, Land Development.

§ 340-3.4 District Use Regulations Table.

[Amended 4-1-2019]

The District Use Regulations Table is included as an attachment to this chapter.

§ 340-3.5 District dimensional regulations.

[Amended 4-1-2019]

Note: Part 4, Article VI, and § 340-5.20, where applicable, contain certain provisions, modifications, and limitations to the following dimensional regulations.

Residential districts. The district regulations for residential districts is included as Attachment C to this chapter.

Nonresidential districts. The district regulations for nonresidential districts is included as Attachment C to this chapter.

Land unsuitable for development includes the following areas:

Water bodies.

Areas within a 100-year flood zone, as defined by FEMA.

Land within the right-of-way of any existing or proposed public or private street.

Land within any publicly or privately held easement on which aboveground or below-ground utilities, including but not limited to electrical transmission lines >69 kV, are constructed.

Cemeteries.

Zoning District	Minimum Contiguous Developable Lot Area (square feet)
RU-20	20,000
RS-40	40,000
RA-65	65,000
REA-120	120,000

§ 340-3.6 Application procedures for special use permits.

§ 340-3.7 Application requirements.

The application for a special use permit, variances and appeals shall be accompanied by the following:

All plans submitted shall be stamped by a registered or licensed land surveyor or civil engineer with similar information showing the proposed development of the site.

The Board and the Building/Zoning Official may require any additional information they deem necessary.

§ 340-3.8 Standards for designated special use permits.

§ 340-3.9 Accessory uses.

§ 340-3.10 Drive-in theaters, summer theaters, and amphitheaters.

The site shall contain at least five acres.

The site shall have direct access to a public street.

All structures shall be set back at least 100 feet from any street or boundary line. Viewing areas and seating areas shall be set back at least 50 feet from any street or boundary line.

All parking areas and accessways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.

Off-street parking spaces shall be provided in accordance with the provisions of this chapter.

The following accessory uses may be permitted as incidental to and limited to patrons of the principle use:

Amusement park, kiddy land (noncommercial).

Refreshment stands or booth.

For any drive-in theater:

The theater screen shall be shielded in such a manner that the projected image cannot be observed from highways with state route designations within 2,500 feet.

§ 340-3.11 Fairgrounds or exposition grounds.

A site shall contain at least 20 acres and shall have direct access to a public street.

All structures shall be set back at least 50 feet from a lot line.

Adequate vacant area must be available on the site to provide parking space sufficient to handle all anticipated crowds.

Accessory uses consistent with the use of the grounds shall be permitted to the extent that they do not constitute a general retail sales outlet.

§ 340-3.12 Utility structures.

§ 340-3.13 Extraction of earth products.

Less than 10 cubic yards of material in the aggregate in any year from any lot;

In grading land for construction of a roadway;

Lot lines, ownership, abutters, adjacent public streets, watercourses, existing contours at intervals of not more than five feet and location plan at a scale of not less than 400 feet to the inch;

Proper provision for vehicular traffic, service roads, control of entrances and exits to highways;

Restoration plan.

A restoration plan prepared by a registered engineer, land surveyor or landscape architect at the same scale required for the site plan in Subsection B(1) above and setting forth:

The existing contours of the tract of land with a contour interval not exceeding five feet, based upon classifications of preliminary samples of the material to be removed;

The final contours of the tract of land with a contour level not exceeding five feet upon completion of earth removal operations; and

The said land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is, therefore, required that:

The decision of the Building/Zoning Official shall be final in determining when a restoration plan shall be put into effect, either on the entire site or any portion thereof.

Operating conditions.

Initiation or lateral expansion. The initiation or lateral expansion of earth removal is hereby prohibited:

Within 200 feet of a public road;

Within 200 feet of neighboring lot lines.

Reduction of dust; recording instruments.

Drainage; groundwater table elevation; permanent water bodies.

Off-street parking; posting of signs; access roads; truck routes.

Off-street parking shall be provided and utilized by all related vehicles.

Any access to excavated areas or areas in the process of excavation shall be adequately posted with "keep out - danger" signs.

Access roads shall be constructed with a curve so as to help screen the operation from public view.

Explosives. The use of explosives shall be in accordance with the regulations for storage or handling of explosives as set forth by the State of Rhode Island.

Certificate of compliance. A certification by a registered engineer, landscape architect or registered land surveyor that completion of earth removal operations complies with the restoration plan.

§ 340-3.14 Shopping centers.

Development standards.

Permitted uses. Any nonresidential use permitted in the BN or BH Zone is permitted as a principal use of land in a shopping center.

Site area. A shopping center shall be located on a parcel of land having an area of at least 10 acres.

Maximum lot coverage. The total ground area occupied by all principal buildings, together with all accessory buildings, shall not exceed 25% of the total area of the parcel of land.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Access and traffic control.

The width of any accessway leading to a public street shall not exceed 25 feet at its intersection with the property line. Curb returns shall have a minimum radius of 30 feet.

The location and number of accessways shall be so arranged that they will reduce traffic hazards as much as possible.

Waste pens. Each building shall be provided with an enclosed and covered waste pen of sufficient size to accommodate all trash and waste stored on the premises.

(13)

Trash burners and incinerators. There shall be no trash burner or incinerator or any burning of trash on the premises.

Application requirements. In addition to the general application requirements, the applicant shall furnish the following information and exhibits concerning his proposed development:

Financial statement. An applicant's current financial statement.

Existing conditions. A suitable sketch showing:

Boundary line of the proposed shopping center and the total acreage encompassed thereby.

The size and location of existing sewers, water mains, culverts, manholes and other underground facilities within the tract.

Generalized contour lines.

Proposed conditions. Preliminary sketches showing the following:

Location, general layout and dimensions of principle and accessory buildings;

Architectural sketches of the proposed buildings;

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

Traffic circulation within the confines of the shopping center;

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

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

Location and dimensions of pedestrian entrances, exits, walks, and walkways;

Drainage and sanitary systems.

Proposed name of shopping center;

Names and addresses of applicants and designer who made the plan;

Location of legal description;

Boundary line of proposed shopping center indicated by solid line, and the total acreage encompassed thereby;

North arrow;

Scale of plan, one inch to 50 feet;

Plan completion date;

Contours of two foot intervals;

(j)

Existing and proposed sewers, water mains, culverts, and other underground facilities and utilities within the tract, indicating pipe sizes, grades, manholes, and location;

(k)

The stages, if any, to be followed in the construction of the shopping center;

(l)

Location and general exterior dimensions of principal and accessory buildings;

(m)

Preliminary architectural drawings for all buildings;

(n)

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

(o)

A traffic flow map showing circulation patterns within the confines of the shopping center;

(p)

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

(q)

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

(r)

Location, and dimensions of pedestrian entrances, exits, and walks;

(s)

Drainage and sanitary system;

(t)

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

(u)

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

(v)

Location, size, height and orientation of all signs other than flat signs on building facades;

(w)

If it is proposed to restrict signs or to establish an association of merchants by means of lease provisions or covenants, the text of such provisions.

§ 340-3.15 Multifamily dwellings; apartments.

Development standards.

Water. Municipal water shall be available at the site in sufficient quantity.

Road and parking area construction. All areas, whether for public or private use which are paved for vehicular purposes, shall be constructed in accordance with Town subdivision regulations.

Access and egress. On any one street there shall not be more than one opening for access or egress at 500-foot intervals.

Open space dedication. Open space dedication to the public, if required, shall not exceed 5% of the site area.

Application requirements. Application requirements shall be substantially as required for shopping centers in § 340-3.14B.

Procedure. Procedure for acquisition of building permits for multifamily dwellings and apartments shall be essentially those required for shopping centers in § 340-3.14C.

§ 340-3.16 Home occupations.

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit, provided that:

No person other than members of the family residing on the premises shall be engaged in such occupation.

No home occupation shall be conducted in any accessory building except as a special use permit.

There shall be no sales in connection with such home occupation.

Does not include barber, beautician or hairdresser.

§ 340-3.17 Accessory dwelling units.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Development standards:

Dwelling unit shall not exceed 700 square feet.

Dwelling unit shall not have more than one bedroom.

Only one accessory dwelling unit may be allowed in any single-family detached dwelling. No accessory dwelling unit may be allowed in a two-family or multifamily dwelling.

Any utilities for the principal residence and the accessory unit will be common to both (i.e., electrical, sewerage, heating etc.).

The owner shall provide proof that the individual sewerage disposal system is adequate to support an additional bedroom.

Sale. Upon the transfer of the property the new owner(s) shall have 60 days to sign an affidavit with the Building/Zoning Official's office and then comply annually as aforementioned.

Amnesty period.

Owners of nonconforming units discovered after March 1, 1998, will be in violation of this chapter and subject to penalties as set forth in § 340-5.33, Violations and penalties.

§ 340-3.18 Wireless communications facilities (WCFs).

Address the public safety concerns associated with the siting of wireless communications facilities;

To preserve the character, appearance, property values, natural resources and historic sites of the Town;

Minimize the number of new facilities by encouraging co-location and use of friendly sites;

Limit the height of telecommunication facilities;

Enhance the ability of carriers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

Applicability.

General guidelines and requirements.

Submittals. The following submittals shall be provided as part of the application for site plan review and special use permit:

A report provided by a professional radio frequency engineer describing the general design and capacity of the proposed installation, including:

A description of the tower and the technical, economic and other reasons for the tower design.

Describe the capacity of the tower including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity.

Demonstrate that the tower and site comply with this section.

A site plan prepared by a Rhode Island licensed professional engineer at a scale of 1:40 which will show the following:

Facility location, dimensions and tower height.

Accessory building(s) for switching equipment.

Topography (two-foot contour interval).

Fencing, landscaping and screening.

Access and parking.

[6]

Lighting.

[7]

Areas to be cleared of vegetation and trees.

[8]

Site boundaries.

[9]

Description of adjacent uses.

Co-location.

No existing tower or structures are located within the search area of the proposed tower location or within one mile, whichever is greater.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

Procedures.

Building permits are required for all telecommunication towers, antennas and equipment shelters.

Permitted uses.

Specific permitted uses:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet in height of said existing tower.

Direct broadcast satellite antenna one meter or less in diameter, or home satellite dish of not more than one meter in diameter or measured diagonally.

Special use permits:

General. The following conditions shall require the application for a special use permits:

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by Rhode Island licensed professional engineer.

Height of the proposed tower;

Proximity of the tower to lot boundaries;

Nature of uses on adjacent and nearby properties;

The opportunity for natural screening of telecommunication facilities through a combination of reduced facility height due to site elevation, lot depth, natural vegetation, or topography;

Design of the tower, with particular references to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Design standards. The following design standards shall apply to all towers and antennas.

Setbacks and separation:

Towers must be set back from any residential structure or lot line a minimum distance of 500 feet or three times the height of the tower, whichever is greater.

Towers must be set back a distance equal to 1 1/2 the height of the tower from the lot line of any adjoining commercial or manufacturing structure or use.

Towers shall not be located within 1,000 feet of a school facility.

Accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

Lighting. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of North Smithfield.

Color. The color of the paint or finish is to be determined by the Planning Board.

Designed to maximize uses. The tower shall be designed to accommodate the maximum number of uses technologically practical.

Exemptions. The following types of wireless communications towers are exempt from this § 340-3.18:

Amateur radio towers used in accordance with terms of any amateur radio service license issued by the Federal Communications Commission, provided that:

The tower is not used or licensed for any commercial purpose.

CROSS-POLARIZED OR DUAL-POLARIZED ANTENNA

Towers and antennas erected on land or structures owned by the Town of North Smithfield for public safety and other telecommunication purposes.

Definitions: As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural grade of a site to the highest point of structure.

ANTENNA

The surface from which wireless radio signals are sent and received by a personal wireless service facility.

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carriers.

A low mount that has three panels flush mounted or attached very close to the shaft.

ELEVATION

The measurements of height above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.

FALL ZONE

FRIENDLY SITES

Existing sites with potential for use as antenna platforms.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A tower that is tied to the ground or other surface by diagonal cables.

The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

Roof-mounted. Mounted on the roof of the building.

Side-mounted. Mounted on the side of the building.

Ground-mounted. Mounted on the ground.

OMNIDIRECTIONAL OR WHIP ANTENNA

Structure-mounted. Mounted on a structure other than a building.

A thin rod that beams and receives a signal in all directions.

PANEL ANTENNA

A flat surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE

The three types of services regulated by this section.

RADIO FREQUENCY (RF) ENGINEER

An engineer specialized in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespassing.

SEPARATION

The distance between one carrier's array of antennas and other carrier's array.

[Amended 3-16-1998]

§ 340-3.19 Medical marijuana.

In addition to the requirements above, the patient cardholder shall demonstrate to the Building/Zoning Official that the following requirements have been met:

That the area used for growing is secured by locked doors;

That the area used for growing has two means of egress;

That the area used for growing shall have proper ventilation to mitigate the risk of mold;

That the area used for growing shall have carbon filters installed to reduce odors;

That smoke alarms/detectors are installed in accordance with the State Fire Code[1] and/or to the satisfaction of the Fire Department;

Editor's Note: See R.I.G.L. § 23-28.1-1 et seq.

Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana
Patient cardholder	12 plants	12 plants

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Landowner and company owner if different.

Proposed loading, unloading, and parking areas.

Hours of operation.

Lighting and security plan in accordance with DBR Regulations 1.5(F)(2)(a) and (c).

Alarm system must link to municipal law enforcement in accordance with DBR Regulation 1.5(F)(3)(c).

Emergency notification and reports must be submitted to municipal law enforcement in accordance with DBR Regulation 1.5(7)(a)(b).

Scaled site plan containing a radius map to ensure facilities are not less than 1,000 feet from public or private school property lines in accordance with DBR Regulation 1.5(D)(4).

Signage plan.

Marijuana extraction. The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

Enforcement.

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with Part 5 and penalties according to § 340-5.33.

All unpermitted preexisting cultivation shall be required to comply with this chapter.

Notices of violation shall be rectified within 90 days.

GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

All uses permitted under this chapter shall fully comply with all licensing requirements of the Town of North Smithfield and laws of the State of Rhode Island.

§ 340-3.20 Purpose.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 340-3.21 Applicability.

This article applies to all solar photovoltaic systems constructed or substantially modified after the effective date of this chapter.

§ 340-3.22 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACCESSORY USE

For the purpose of this article, accessory use shall imply net metering, behind the meter, electrical energy generated for the purpose of self-supplying electrical energy to an existing land use.

APPLICANT

An owner or authorized agent of the owner submitting an application. An authorized agent is someone authorized in writing by the owner.

ENGINEER

A registered Rhode Island professional engineer.

A solar photovoltaic system that has its electricity generating solar panels mounted on racks or frames that are attached to ground based mounting supports.

NONPARTICIPATING LANDOWNER

The height of a solar photovoltaic system measured from predevelopment grade to the highest point of any portion of the system.

HISTORIC SITE

OCCUPIED BUILDING

OWNER-OPERATOR

The owner-operator is the legal entity that owns the solar photovoltaic system and its accessories and is responsible for the operation of the solar photovoltaic system.

PARTICIPATING LANDOWNER

One or more persons that hold title in fee to the property on which a solar photovoltaic system is to be constructed and operated.

ROOF-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

A solar photovoltaic system that has its electricity generating solar panels mounted on the rooftop of a residential or commercial building.

SETBACK LINE OR LINES

SOLAR PHOTOVOLTAIC SYSTEM

§ 340-3.23 Requirements for accessory use solar photovoltaic systems.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

No accessory use solar photovoltaic system may be constructed or substantially modified without first obtaining a building permit.

Accessory use solar photovoltaic systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

Noise generation. Accessory use solar photovoltaic systems shall not generate noise above ambient beyond a lot line on which a solar photovoltaic system is installed.

§ 340-3.24 Requirements for all nonaccessory ground-mounted solar photovoltaic systems.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory use ground-mounted solar photovoltaic systems shall meet or exceed the following requirements and shall be addressed in the application:

Setbacks.

Consistent with Subsection G, Visual buffer and setback, all solar arrays must be set back a minimum of 100 feet from property lines.

Water bodies and wetlands. Setbacks must comply with state environmental regulations.

No installation or operation of a solar photovoltaic system shall result in any form of trespass at any time.

Maximum height. The maximum height of any component or appurtenance structure of the ground-mounted solar photovoltaic system shall be 15 feet.

On-site inspections and construction control.

Soil condition and analysis.

Drainage and runoff systems.

Footings.

Structural integrity of mounting systems.

Fire prevention, detection and alarm systems.

Electrical systems.

Mechanical systems.

Field reports, test data and related documentation.

Photos.

§ 340-3.25 Nonaccessory ground-mounted solar photovoltaic system procedure and submission requirements.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

All nonaccessory ground-mounted solar photovoltaic systems shall follow the procedure and submission requirements herein:

The following information shall be provided to the Planning Board and Zoning Board of Review as part of an application for a special use permit to install a solar photovoltaic system:

A completed application form including:

The proposed site address, plat and lot numbers, zone and owners of the proposed solar photovoltaic system site and any contiguous parcels owned by the participating landowners.

A plan, signed and stamped by an engineer, drawn to scale, showing where the solar photovoltaic systems will be located on the lot.

In addition to the information required under §§ 340-3.24 and 340-3.25B(1), the following information shall be provided with an application for a solar photovoltaic system:

All drawings submitted shall be signed and stamped by an Rhode Island licensed engineer. At least one original copy of each drawing shall be provided at each review.

Site plan. Plan shall show the proposed location of each solar photovoltaic system and associated facilities.

Written evidence that the provider of the electrical service to the property has approved connection of an electric generation facility to the electricity grid, if such connection is proposed.

Complete description of emergency and normal shutdown procedures.

Soil analysis confirming that the soil conditions are suitable for the designed mounting system signed and stamped by an engineer.

Constraints imposed by environmental and archeological regulations.

The presence of animal species of concern and/or critical habitat for these species.

The impact on accessways for fauna transit and access to feeding/nesting/watering areas.

Presence of plant communities of concern.

Presence of critical areas of species congregation, such as maternity roosts, hibernation sites, staging areas, winter ranges, nesting sites, and migration stopovers.

The potential impact of habitat fragmentation.

UTILITY-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM

§ 340-3.26 Improvement guarantees for ground-mounted solar photovoltaic systems.

Definition and purpose. As used in this article, the following terms shall have the meanings indicated:

IMPROVEMENT GUARANTEE

Is a security instrument or cash accepted by the Town to ensure that all public improvements are properly protected.

PUBLIC IMPROVEMENT

§ 340-3.27 Security cash bond; decommissioning unused or abandoned ground-mounted systems.

Decommissioning shall be overseen and certified by the Town's peer review engineer before funds are released, at the applicant's and/or owner's cost and expense.

§ 340-3.28 Enforcement.

Violations of this section shall be enforced by the Building/Zoning Official.

§ 340-3.29 Conflict with other provisions; severability.

The invalidity of any part of this article shall not invalidate any other part of this chapter provision.

§ 340-3.30 Solar Photovoltaic Overlay District.

Definition. For the purpose of this section, large-scale solar photovoltaic systems shall consist of the following.

If any portion of a lot overlaps into the Overlay Zone, only that portion within the Overlay Zone is eligible for solar array.

Notwithstanding any other dimensional provision to the contrary, a setback of 100 feet shall apply and be measured from the Overlay Zone line as depicted on Map 1.

The following maps and lots, either in part or entirety, fall within the Overlay Zone:

012-132	012-136-B	017-175
013-107-A	017-130	016-097
012-137	016-005	016-006
012-156-A	013-052	013-051
012-270	013-012	013-010-A
012-306	012-326

Editor's Note: Map 1 is currently on file in the Town offices.

Effective date. This chapter shall take effect upon passage.

§ 340-3.31 Purpose.

The Mixed Use District (MU) is hereby established in order to:

Provide guidance and a framework for redevelopment and new growth that is sustainable, conserves land and natural resources and that employs best practices in environmental protection.

Provide innovative shared and off-site parking allowances and make pedestrian mobility a focal point for parking lot design.

Provide a safe atmosphere for pedestrian and bicycle uses and a logical connection of destinations within and adjacent to the District.

Provide appropriate site and building design standards to create a varied but coherent streetscape.

Editor's Note: See also Ch. 108, Affordable Housing.

§ 340-3.32 Subdistricts.

§ 340-3.33 Applicability.

§ 340-3.34 Procedure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The following type of proposals shall be subject to the requirements of development plan review, as set forth in Article XXV of this chapter:

Proposals requiring major land development plan review.

Any new use, change in use, or expansion that contains more than 5,000 GSF of floor area.

Any new use, change in use, or expansion being proposed on a lot greater than 1.5 acres.

Development activity as part of the expansion or change of use enhances pedestrian circulation on the site or within the district;

Where applicable, expansion or change of use increases the economic or housing diversity within the district;

Expansion or change of use is consistent with goals to activate the street edge or promote shared parking.

§ 340-3.35 Application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 340-3.36 Criteria for approval.

The Planning Board shall approve, approve with conditions, or deny the application based on the following criteria:

Provides for a mix of uses, including residential and commercial development, and recreation and open space in accordance with §§ 340-3.37 and 340-6.38.

Compliance with the design standards in Article XXV of this chapter.

Provides for safe vehicular access.

Creates a pedestrian-friendly environment.

Provides appropriate connections (pedestrian and/or vehicular) to adjacent development and municipal facilities.

Provides useful open space.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Is consistent with the Affordable Housing Plan.[1]

Editor's Note: See also Ch. 108, Affordable Housing.

Is consistent with the Comprehensive Plan and the purpose and intent of this District.

§ 340-3.37 Permitted uses in MU-1 and MU-2 Districts.

Open space.

The Town (if it is accepted for park, open space, agricultural, or municipal use),

A nonprofit organization, the principal purpose of which is the conservation of open space,

A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants, or

Use. Open space may be used for one or more of the following purposes:

Agricultural use, including farming or growing crops.

Conservation and passive recreation areas.

Pedestrian-friendly parks, plazas, Town green, village commons, etc, designed to include such features as benches, tables, playground equipment, sidewalks, lighting and landscaping.

Active outdoor recreation to fulfill the needs for such facilities created by the residential development.

Buffer areas between development within the MU Districts and between the MU Districts and adjacent property.

§ 340-3.38 Density and dimensional standards.

Standard	MU-1	MU-2
Dwelling units	2,000 square feet of land area per unit/1,000 square feet per bedroom	N/A
Rooming units	1,000 square feet of land area per bedroom	1,000 square feet of land area per bedroom
Maximum number of dwelling units in any 1 building	25	N/A

Note: Any room other than a kitchen, a bathroom, and one living room and one dining room per unit shall be deemed to be a bedroom, whether or not such room has a door installed.

Use	Maximum GFA (square feet)
Restaurant	10,000
Theatres	20,000
Retail	15,000
Light industrial and office uses	150,000

§ 340-3.39 Design standards for MU-1 District.

The following standards shall apply to new development in the MU-1 District:

The maximum height of any building in the MU-1 Zone shall be 50 feet.

The minimum front yard setback from public or private road (right-of-way/property line) shall be three feet. The maximum setback shall be 15 feet.

Subject to the buffer zone requirement in Subsection A(2) above, the minimum side or rear yard setback shall be zero feet in the MU-1 Zone and 20 feet in the MU-2 Zone.

Building design.

Materials.

All buildings must be constructed of masonry materials and/or architectural quality steel panels. EFS wall systems are prohibited.

Windows and transparency.

In a commercial or mixed use building, at least 15% of a side or rear facade facing a public right-of-way, parking area, or open space shall be transparent.

Reflective glass, glass tinted more than 40%, and highly reflective surfaces shall not be used on building fronts.

Windows on the upper floors of the street facade shall be at least four feet tall and 2.5 feet wide, and shall have a ratio of height to width between 1.5:1 and 2:1.

In the MU Districts, for any new construction:

A minimum of 10% of the land area (other than the building footprint) must remain landscaped or natural, designed by a landscape professional.

Lighting. External light must be directed downwards and be designed to eliminate illumination of adjoining parcels. Wall-pack mounted lighting is prohibited.

Signs. Signs shall be governed by Article XIII, with the following additional requirements:

No self illuminating signs (signs to be either gold leaf or individually cut letters). Gooseneck-style lighting is preferred.

§ 340-3.40 Design standards for MU-2 District.

The following development standards shall apply to new development in the MU-2 District:

Maximum height. The maximum height of any building in the MU-2 Zone shall be 75 feet.

Setback. The minimum front yard setback from public or private road (right-of-way/property line) shall be 50 feet and minimum side and rear setback shall be 40 feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Exceptions to setback. The following improvements or parts of improvements are specifically excluded from the setback requirements set forth in Subsection B:

Steps and walkways;

Access or service roads;

Fences, subject to the requirements set forth in Subsection S;

Landscaping and irrigation systems;

Planters;

Lighting fixtures;

Underground utilities and sewers; and

Parking areas.

Ground cover. No mulch shall be used unless it is in a bed. Mulch shall not be used as a design element. No gravel or crushed stone shall be used as a ground cover.

Storage and loading areas. The location of any outside storage, maintenance, and loading areas must be constructed, maintained and used in accordance with the following conditions:

Outside storage of materials, supplies, or equipment, including trucks or other motor vehicles, shall be permitted only if:

The material, equipment or objects stored outside are incidental to the activities regularly conducted on the premises;

The area devoted to outside storage does not exceed 5% of the gross floor area of the principle structure on the site;

The area is screened; and

The area is located upon the rear portions of a lot.

Provisions shall be made on each site for any necessary vehicle loading, and no on-street vehicle loading shall be permitted.

CERTIFICATES OF APPROPRIATENESS

Fencing. No security fencing is allowed on front or side of a building. Fencing may be used for security purposes in back of the building and only if buffered from the street.

Renewable energy. Use of renewal energy sources such as solar hot water, solar electricity and geothermal heating and air-conditioning systems are strongly encouraged.

§ 340-3.41 Authority.

This article is adopted in accordance with R.I.G.L. Title 45, Chapter 24.1, as amended, which:

Declares the preservation of structures of historic or architectural value to be a public purpose;

Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city or Town;

Provides for definitions of terms used in historical area zoning; and

Establishes a uniform procedure regarding historical area zoning.

§ 340-3.42 Legislative intent.

§ 340-3.43 Definitions.

The following terms shall have the following respective meanings:

ALTERATION

APPURTENANCES

CONSTRUCTION

DEMOLITION

An act or process that destroys a structure or its appurtenances in part or in whole.

HISTORIC DISTRICT

A specific division of the Town as designated by ordinance of the Town pursuant to this article. A historic district may include one or more structures.

REMOVAL

A change meant to remedy damage or deterioration of a structure or its appurtenances.

REPAIR

A change meant to remedy damage or deterioration of a structure or its appurtenances.

STRUCTURE

§ 340-3.44 Designation of Historic Districts.

§ 340-3.45 Historic District Commission.

Establishment. There is hereby established a Historic District Commission to carry out the purpose of this article.

Membership and appointment:

Members of the Commission shall serve without compensation.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Organization of the Commission.

The Commission shall organize annually and, by election, shall select from its membership a Chairman, Vice Chairman and a Secretary.

The Commission shall:

Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article; and

Conduct of business:

The Chairman shall preside over all Commission meetings and shall have the right to vote.

The Vice Chairman shall, in the case of absence or disability of the Chairman, perform the duties of the Chairman.

The Secretary shall keep a record of all resolutions, proceedings, findings of fact, decisions and actions and such record shall be on file for public view at the office of the Town Clerk.

Notice of the Commission meetings shall appear in a newspaper of general circulation in the Town seven days prior to such meetings.

Powers and procedures.

Certificate of appropriateness required:

Application for certificate of appropriateness.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

In reviewing the applications and plans, the Commission shall give consideration to:

The historic and architectural significance of the structure and its appurtenances;

The way in which the structure and its appurtenances contribute to the historical and architectural significance of the District;

The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans; and

The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

The following are special considerations regarding valuable historic resources and demolition:

In the absence of change in such structure arising from casualty, no new applications for the same or similar work shall be filed within one year after such rejection.