North Smithfield City Zoning Code

Additionally, there are three overlay districts. Water Supply Protection Supply Overlay, Historic Overlay, 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 All other provisions of the underlying zoning district which are not superseded by these overlay districts shall remain in full force and effect.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:

Land unsuitable for development includes the following areas:

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:

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

Amusement park, kiddy land (noncommercial).

Refreshment stands or booth.

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.

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.

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.

Residential buffer 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.

Off-street parking areas. Off-street parking spaces shall be provided in accordance with the provisions of Article XII, Off-Street Parking and Loading.

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 floodlighted 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.

Dumpster enclosures. Each building shall be provided with a covered dumpster which shall be surrounded on all sides with opaque fencing and a gate to allow access for vehicles designed to empty the dumpster.

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.

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

Sewer. Municipal sewers shall be required.

Parking. 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 24 feet in width and be free of obstructions and parking spaces.

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.

A minimum of 11 feet in width, as measured from the outermost point of any service window, order/menu board or other similar appurtenance, to the inside edge of the drive lane, and 20 feet in length per stacked vehicle. In the case of a recessed service window, the measurement shall be taken from the building wall.

Designated stacking spaces shall be measured from the vehicle parked at the order/menu board, or in the case of a pick-up lane only at the service/pick-up window. Spaces shall be placed in a single line behind each lane.

The number of required queued cars shall apply to each individual drive-through lane where multiple lanes are proposed.

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.

New towers and facilities. The requirements set forth in this section shall govern the location of all new telecommunication facilities and related equipment. 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.

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

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 on the subject property. 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 or use.

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, smokestacks, 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.

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 200 feet of the subject property shall receive notice in compliance with § 340-5.19B. All cost associated with the abutter notification shall be borne by the applicant.

A preapplication conference with the Planning Department is required before development plan review.

A meeting before the Planning Board for development plan review shall be scheduled within 60 days of certification that an application is complete.

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.

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 development plan review.

Specific permitted uses:

General. The following conditions shall require the application for 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.

Setbacks and separation:

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 Review 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.

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

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

Patient and/or primary caregiver cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient and/or primary caregiver 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 and/or primary caregiver 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 and/or primary caregiver 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.

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;

Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including but not limited to filtering techniques, biofilters, chemical filtration and/or other similar technique.

That smoke alarms/detectors are installed in accordance with the State Fire Code[1] and/or to the satisfaction of the Fire Department; with proper documentation to be provided to the building official.

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:

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 be linked 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.

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 § 340-5.34.

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

Notices of violation shall be rectified within 90 days.

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.

Minimum qualifications. To qualify for issuance of a cannabis retail sales under this section, an applicant shall satisfy all qualifications established by the Cannabis Control Commission to include, but not be limited to, the following:

Location. Uses granted under this article shall not be located within:

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis retailer is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.

The proposed cannabis retailer hours of operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m. weekdays and Saturdays, and 12:00 p.m. to 6:00 p.m. Sundays.

Lighting shall adequately illuminate the cannabis retailer, its immediate surrounding area, and the parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.

The proposed cannabis retailer shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm system.

The proposed cannabis retailer shall comply with the off-street parking requirements and regulations in § 340-4.19 of this zoning code.

The proposed cannabis retail location shall present signage in a size and in a form that is reasonably legible from the retail access point, which clearly prohibits any person who is under 21 years of age to be present inside the cannabis retail establishment in compliance with R.I.G.L. § 21-28.11-27.1.

That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.

That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate existing on the effective date of this section.

That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.

That the requested use possesses a security plan as required in zoning § 340-3.17C(1)(f).

Minimum qualifications. To qualify for a cannabis testing laboratory under this section, an applicant shall satisfy all qualifications established by the Cannabis Control Commission to include, but not be limited to, the following:

Location. No cannabis testing laboratory shall be located within 1,000 feet of the nearest residential zoning district or lot line of a residence which is a nonconforming use in a non-residential zone, from the nearest pre-existing house of worship, school, public or private park, playground, youth center, licensed day-care center, library or other locations where groups of minors regularly congregate, in existence as of the effective date of this section; and

Lighting shall adequately illuminate the cannabis testing laboratory, its immediate surrounding area, and the parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.

The proposed cannabis testing laboratory shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm system.

That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.

That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate existing on the effective date of this section.

That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.

That the requested use possesses a security plan as required in zoning § 340-3.18C(1)(f).

Rooftop accessory use solar photovoltaic shall be allowed by right in all zoning districts and shall comply with Subsection C(1), (5), (7) and (8).

All ground-mounted accessory use solar photovoltaic systems within REA, RA, RS, and RU zoning districts shall be allowed by right and shall meet the following applicable requirements in Subsection C(1) through (8).

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 array area 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 24-hour phone contact for emergencies.

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, BN, LC, and M Zone District areas shall include design provisions for safe operation of parking lots, snow removal, utility connections and parking requirements. Compliance with zoning parking requirements for the principal land use shall be maintained.

No installation or operation of an accessory use solar photovoltaic system shall result in any form of trespass at any time. For the purposes of this article, solar reflection, noise generation, and increased shading upon a neighboring property shall be considered a trespass, and shall meet the following:

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.

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

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

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

No solar photovoltaic system shall be permitted within 250 feet of a historic site or historic structure.

To be eligible for a solar photovoltaic system, the parcel or parcels must be a minimum of six acres, must be vacant, and the proposed solar array (inside fenced area) must not exceed 30% of the gross lot area, or exceed six acres, whichever is less.

Setbacks.

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

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 may order a shutdown of the solar photovoltaic system and have it covered, if necessary, to prevent reflection. Wildlife, fauna access and migratory patterns shall remain unaffected. A solar photovoltaic system and its required fencing shall not have an adverse effect on fauna's natural access for feeding, nesting, breeding, transit and migratory patterns, on rare, threatened or endangered wildlife habitat, rare, threatened or endangered plants, and rare and exemplary plant communities. In making its determination the approval authority shall consider pertinent application materials and the written comments and/or recommendations of the North Smithfield Conservation Commission, Land Trust and/or other local boards and commissions, the Rhode Island Department of Environmental Management, and/or other environmental groups or organizations the approval authority deems 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 setback, a permanent all-season evergreen buffer which shall be planted with mature plants/trees such that the buffer is complete upon start-up of the solar photovoltaic system. The buffer shall completely obscure the solar photovoltaic system and fencing from all neighboring properties. The Certificate of Occupancy (CO) shall not be issued until the evergreen buffer is complete.

Fencing. A security fence shall be installed inside the visual buffer 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 and shall provide sufficient space beneath the fence to accommodate the migratory patterns of wildlife and fauna.

Signs. Clearly visible warning signs concerning voltage shall be placed along the security fence. The signs shall identify the owner and have a 24-hour phone contact for emergencies.

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

Utility connections. 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, substations and energy storage facilities shall be within the security fencing. All appurtenant structures shall be shielded from view by the green buffer.

Environmental sensitivity. All ground-mounted solar photovoltaic 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 maximum extent practicable, conform to the natural topography of the site. 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 based on a site analysis which shall be included with the application.

Groundcover. A pollinator mix shall be required as suitable groundcover and shall be accompanied with a five-year maintenance plan, and there shall be no use of herbicides to control vegetation on the site.

Other considerations. The designated approval authority may consider adverse impacts on scenic vistas and interference with electromagnetic communications, such as telephone, radio, and television. The designated approval authority may impose special conditions reasonably necessary to remove or alleviate any potential adverse impacts.

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 a Rhode Island Registered Professional Engineer (P.E.) 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 Certificate of Occupancy.

On-site inspections and construction control.

Liability insurance. The applicant shall maintain a current general liability policy during the construction phase of the solar photovoltaic system with minimum limits of $2,000,000 per incident/per occurrence. The applicant shall provide the Building/Zoning Official with a valid certificate of insurance listing the Town of North Smithfield as additionally insured.

A completed application form including:

All drawings submitted shall be signed and stamped by a Rhode Island Registered Professional Engineer (P.E.).

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.

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 analysis shall be specific to the site in terms of at-risk species of concern and their habitats. The following shall be addressed:

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.

Decommissioning plan. The applicant shall provide a decommissioning plan to dismantle and remove the entire solar array including all appurtenance structures along with costs related to landscaping to pre-sitting 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.

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 XXVII of this chapter.

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.

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:

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.

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.[1] 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.

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.

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.

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 serve more than one property are encouraged. Roads within the MU Districts shall be constructed to the standards for roads established by Article 5-7 "Standards for the Construction of Public Improvements" in the Land Development and Subdivision Review Regulations. An application may be denied by the Board if the proposal is demonstrated to create a hazardous condition when the traffic 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:

Steps and walkways;

Access or service roads;

Landscaping and irrigation systems;

Planters;

Lighting fixtures;

Underground utilities and sewers; and

Parking areas.

In cases where definition between parking areas is 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.

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

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

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.

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.

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

The Commission shall:

Conduct of business:

Certificate of appropriateness required:

Application for certificate of appropriateness.