The purposes of these supplementary regulations are to establish special conditions for certain uses, exceptions for certain dimensional requirements, additional requirements for accessory uses, storage and parking, and performance standards for certain uses, where required.

The following regulations are required in addition to the schedule of use regulations table in article 3:

501.1.

Number of residential structures per lot.

In all zoning districts, there shall be no more than one (1) principal residential structure on a lot except for land development projects, bed and breakfasts, hotels, and motels, as further provided in this ordinance.

501.2.

Vision clearance at corners.

At street intersections, no structure shall be erected and no vegetation shall be planted or maintained in such a manner as to materially impede vision between the heights of three (3) feet and ten (10) feet above the triangle formed by the two (2) street lines and a third line joining points on the street lines fifteen (15) feet from the intersection. This section shall not apply to the CD Zoning District.

501.3.

Manufacturing uses in commercial districts.

All manufacturing uses designated in article 3 and allowed in commercial districts as permitted uses or by special use permit, may not employ more than seven (7) persons, nor occupy more than one thousand five hundred (1,500) square feet floor area. In addition, the manufacturing of products that are sold on the premises shall be permitted by special use permit in the CH and CD Zoning Districts only; provided that (i) the area devoted to manufacturing does not exceed one thousand (1,000) square feet or twenty-five (25) percent of GLFA, which ever is less, (ii) that no more than three (3) employees be involved in the manufacturing activity, and (iii) the manufacturing is conducted entirely inside the building. It is the intent of this section to permit in commercial districts only those manufacturing uses which are of a small scale and which would essentially function as commercial uses and be consistent with and in character with the intent and purpose of the commercial district.

501.4.

Regulation of agricultural activities.

No field crop farm, livestock farm, general farm or animal husbandry service shall conduct activities which would cause deleterious effects upon neighboring property, including, but not limited to, the following:

A.

Pollution of any waterways or water bodies;

B.

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

In addition, the processing of agricultural products shall be limited to those activities normally accessory to and necessary for an agricultural activity conducted on the premises. Buildings for housing livestock shall be at least forty (40) feet from any property line; however if greater yard setbacks are required in section 401, then the greater requirement shall be met.

501.5.

Temporary mobile and manufactured homes or trailers.

A single mobile and manufactured home or trailer for residential use may be located temporarily on a lot where a residential dwelling is already located, provided that all of the following conditions are satisfied:

A.

Use of the mobile and manufactured home or trailer is necessitated by a fire or other emergency rendering the permanent residence on the same lot unfit for habitation.

B.

The mobile and manufactured home or trailer is serviced by all of the utilities required for a residence by the state building code, including, but not limited to, public sewers or an individual sewage disposal system.

C.

The location of the mobile and manufactured home or trailer on the lot shall conform as nearly as possible to the front, side and rear yard requirements of the zoning ordinance that apply to the lot.

D.

The maximum period of time the mobile and manufactured home or trailer shall be permitted to remain on the lot shall be six (6) months. The building official is hereby empowered to extend that period for good cause shown.

501.6.

Docks or piers in residential zoning districts.

In a residential zoning district, no more than one (1) dock or pier may be erected upon any lot which abuts on waters.

501.7.

Senior residential community.

A.

Intent. It is the intent of this subsection to encourage residential communities designed for senior citizens, to ensure compatibility with surrounding areas and with the natural environment, and to regulate the location and design of such senior residential communities to ensure safe, sanitary and attractive living conditions.

B.

Approval procedure. The planning board may approve, as a land development project, the establishment of a senior residential community in zoning districts where allowed in article 3. Application for such land development projects shall be made in accordance with the procedures of the town's subdivision and land development regulations.

C.

Permitted uses. Permitted dwelling units in senior residential communities may include conventionally built single-household detached structures (use code 10); single-household detached mobile and manufactured homes (use code 16) as defined in article 12; or single-household detached modular homes as defined in article 12 that conform to the Rhode Island State Building Code. Permitted accessory uses include the following:

1.

Senior services center as defined in subsection G.;

2.

Convenience store for residents of the community;

3.

Sales/management office;

4.

On- and off-street parking areas;

5.

Garages, (including common or shared garages), sheds and other structures customarily accessory to a residential use;

6.

Recreational facilities intended primarily for residents and their guests;

7.

Common storage areas or buildings for use of residents of the community.

D.

Dimensional requirements. See section 401, Schedule of Dimensional Regulations. In addition, senior residential communities shall be subject to the following supplementary dimensional regulations:

1.

For the community as a whole:

(a)

A senior residential community shall contain a minimum of thirty (30) acres.

(b)

The total density of a senior residential community shall not exceed one and ninety-nine-hundredths (1.99) dwelling units per developable acre.

(c)

For portions of the tract used for general vehicular entrances and exits only, the lot width and frontage shall be a minimum of fifty (50) feet. For portions containing lots and buildings open generally to occupants, the width of the lot shall be a minimum of two hundred fifty (250) feet. The ratio of width to depth shall not exceed one to five (1:5).

(d)

Maximum percent of lot building coverage: Thirty-five (35).

(e)

Maximum height, principal building: Thirty-five (35) feet.

(f)

Maximum height, accessory building: Fifteen (15) feet.

2.

Distance between buildings on the same lot. In cases where such communities are developed with more than one (1) dwelling on a single lot, such as condominium developments or where individual home site parcels are leased, the following dimensional regulations shall apply:

(a)

The minimum land area of individual leased parcels shall be six thousand (6,000) square feet; provided, however, that the overall density of the community shall not exceed that provided in subsection D.1.(b), above;

(b)

The minimum distance between two (2) principal buildings shall be thirty (30) feet, except where buildings are separated by opposing side walls or attached garage walls, in which case the minimum separation may be twenty (20) feet;

(c)

The minimum setback of a principal or accessory building from a street right-of-way line shall be twenty-five (25) feet;

(d)

The minimum distance between accessory structures and any other accessory or principal structure shall be twelve (12) feet;

(e)

Attached or common garages may be attached to residential dwellings or may be separate detached structures. When attached to a principal building, such structures shall be considered a part of the principal building. When detached, such structures shall be considered accessory structures.

3.

Dimensional regulations for buildings on individual lots. In cases where such communities are subdivided into individual lots, the following dimensional regulations shall apply:

Minimum lot size: Six thousand (6,000) square feet.

Minimum lot frontage and width: Fifty (50) feet.

Minimum yard setbacks, principal building:

Front: Twenty-five (25) feet.

Corner side: Twenty (20) feet.

Side: Ten (10) feet.

Rear: Twenty (20) feet.

Minimum yard setbacks, accessory building:

Side lot lines: Six (6) feet.

Rear lot lines: Six (6) feet.

E.

Other restrictions. All senior residential communities shall be subject to the exemption requirements for housing for older persons set forth in the Federal Fair Housing Amendments Act of 1988 and the Rhode Island Fair Housing Practices Act as amended and the following restrictions which shall be noted on the land development final plan and recorded in the land evidence records of the town:

1.

Occupancy of a senior residential community is limited to adults fifty-five (55) years of age or older.

2.

A senior residential community need not be subdivided into individual lots unless such lots are proposed to be sold, in which case subdivision approval shall also be required from the planning board as provided in the subdivision and land development regulations. Multiple dwellings are permitted on a single lot if individual home site parcels are proposed to be leased.

3.

Dwelling units are limited to a maximum of two (2) bedrooms per unit.

F.

Prohibition in the High Flood Danger (HFD) Overlay District or V1-30 Flood Zones. Notwithstanding the provisions of any other part of this ordinance, no senior residential community may be placed, occupied or maintained in the High Flood Danger (HFD) Overlay District or Zones V1-30 as shown on the official flood insurance rate map for the town, map revised January 3, 1986, prepared by the Federal Emergency Management Agency and on any subsequent amendment or revision to said map.

G.

Senior services center. All senior residential communities shall be provided with a community center for recreation and social functions or any similar facility which shall provide services specifically designed to meet the physical or social needs of older persons. A convenience store may also be provided. The use of such community center, including the convenience store, shall be restricted to residents and guests. The floor area of such community center shall not be less than one thousand five hundred (1,500) square feet (GLFA/use) for the first two hundred (200) dwelling units in the community, and shall be increased by not less than five hundred (500) square feet (GLFA/use) for each additional fifty (50) dwelling units.

H.

Open space and buffers. At least ten (10) percent of the developable land area of a senior residential community shall be set aside for recreation and open space areas, in addition to required perimeter buffers. Along all exterior property lines of a senior residential community, a landscaped buffer strip shall be maintained. Such buffer strip shall be not less than fifty (50) feet wide. Where a senior residential community is located directly adjacent to a public or private street, the planning board may increase this width to one hundred (100) feet along the entire street frontage, except for any necessary access streets.

Such buffer strip shall be planted, screened, or otherwise maintained in a natural condition in order to provide year-round visual obstruction of the dwellings within the senior residential community from abutting land and streets. Such buffer strip may be used for recreation of a nonintensive character provided however, that no structure or parking area be located thereon.

I.

Site standards. Any senior residential community shall meet the applicable site development standards as provided in article XIII of the subdivision and land development regulations.

501.8.

Transient trailer parks.

A.

Intent. It is the intent of this subsection to provide areas which are properly located and designed to accommodate the leisure time and vacation activities of transient residents utilizing transient trailers and similar recreational vehicles, and intended for short-term residential occupancy only. It is further intended to safeguard the health and safety of residents of trailer parks, to ensure compatibility with the natural environment and to ensure harmony with the character of the surrounding area.

B.

Approval procedure. In order to construct, alter or extend any transient trailer park the following must be obtained:

1.

Approval of a land development project from the planning board pursuant to the procedures and standards set forth in the subdivision and land development regulations.

2.

A license from the state health department in accordance with G.L. 1956, Tit. 23, Ch. 21;

3.

A building permit from the building official; and

4.

An annual license granted by the town council as required by the provisions of the Town of South Kingstown Tourist Accommodations Ordinance.

C.

Density requirement. The overall density of the transient trailer park shall not exceed twenty (20) transient trailer spaces per acre of developable land area of such park.

D.

Minimum area. No transient trailer park shall be less than ten (10) acres in land area.

E.

Community center and convenience store. A community center and/or a convenience store may also be provided. The use of such community center, including the convenience store, shall be restricted to residents and guests. The floor area of such structure shall not exceed one thousand five hundred (1,500) square feet (GLFA/use) for the first two hundred (200) spaces in the park, and may be increased by not more than five hundred (500) square feet (GLFA/use) for each additional fifty (50) spaces.

501.9.

Hotel and motel use.

A.

Minimum lot size. The lot shall consist of not less than fifty thousand (50,000) square feet of land for the first twenty (20) rooms, and five hundred (500) square feet of land for each additional unit.

B.

Lot coverage. The permanent structures of motels or hotels shall not occupy more than twenty-five (25) percent of the total lot area. Additional lot coverage, not to exceed twenty-five (25) percent of the total lot area, is authorized for recreation facilities.

C.

Unit size. No individual motel unit or hotel room shall be erected or altered so as to have a floor area of less than two hundred forty (240) square feet, including bathroom and closet space.

D.

Setback regulations. No part of a motel or hotel structure, accessory structure (except a sign) parking lot or utility area shall be within fifty (50) feet of any lot line or closer than one hundred (100) feet to the right-of-way of any public street. Except in CH districts, a landscaped or natural buffer zone shall be provided within said fifty-foot setback from any lot line, and within said one hundred-foot setback from any public street.

E.

Standards for development. The following additional standards shall apply to all motels and hotels:

1.

Accessory use. Accessory uses may include necessary office, recreation, parking and maintenance areas, lunchroom, restaurant, cocktail lounge or gift shop.

2.

Height. No principal building shall exceed thirty-five (35) feet in height; no accessory building or other structure shall exceed twenty (20) feet in height.

3.

Minimum lot width. Each lot shall have a minimum lot width of two hundred (200) feet.

4.

Rubbish disposal. Each motel or hotel shall be provided with enclosed waste pens of sufficient size to accommodate all trash and waste stored on the premises. The waste pens and utility areas shall be properly screened and buffered from all buildings and lot lines.

501.10.

Religious housing.

A.

Minimum lot size. The lot shall consist of not less than five thousand (5,000) square feet of land per bedroom.

B.

Number of occupants. Occupancy shall be limited to not more than one (1) person per bedroom, or eight (8) occupants, whichever is less.

C.

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

D.

Parking. There shall be one (1) off-street parking space per two (2) bedrooms, subject to all other requirements of article 7.

E.

Signs. There shall be no signs permitted, except for one (1) sign indicating the name of the religious group and the address, and which shall not include any advertising. Such sign shall not exceed two (2) square feet.

501.11.

Indoor gun range.

A.

Minimum setback. The indoor gun range operation (and any associated structure) shall be situated no closer than three hundred (300) feet to any property boundary, said three hundred (300) feet serving as a minimum setback. Accessory off-street parking and required curb-cut openings (driveway entrances) shall not be subject to this setback requirement. This setback shall only apply to indoor gun ranges located within residential zoning districts or within two hundred (200) feet of a residential zoning district.

B.

Parking. There shall be one (1) off-street parking space for each four hundred (400) square feet of total gross floor area allocated to an indoor gun range operation. The stated minimum parking standards are subject to all other requirements of article 7.

C.

Maximum impervious lot coverage. Any impermeable surface improvement (inclusive of all structural improvements, access drives, parking and loading areas) associated with an indoor gun range shall not exceed four (4) percent of the total lot acreage. This requirement shall only pertain to residential zoning districts where such use is permitted by special use permit.

D.

Retail use. Any retail component shall be accessory to the principal indoor gun range and shall not be permitted without said principal land use(s) being actually in place.

E.

All preceding regulatory standards associated with an indoor gun range shall constitute minimum zoning standards and are mandatory. Any noncompliance with minimum zoning standards shall render permissibility of the indoor gun range land use prohibited in all zoning districts.

501.12.

Bow and arrow range/clay shooting and field trials.

The following regulations shall apply to any property which operates a bow and arrow range, outdoor clay shooting, field trials, or any combination of these activities as a principal use of the property. Where the subject property also operates an indoor gun range, the regulations in this subsection as well as the regulations in section 501.11 shall apply:

A.

Minimum lot size. The subject property shall consist of not less than one hundred twenty (120) acres in total land area—said land area consisting of all acreage regardless of whether it is deemed suitable or unsuitable for development.

B.

Minimum setback. Any shooting stations shall be set back at least five hundred (500) feet from any property boundary.

C.

Retail use. Any retail component shall be accessory to the principal use of the property and shall not be permitted without said principal land use(s) being actually in place.

(Ord. of 3-9-15; Ord. of 10-24-16)

The following regulations are required in addition to the dimensional requirements in article 4.

502.1.

Lot frontage and width, standard provisions.

No lot hereafter created shall have a lot frontage less than the minimum lot width provided in article 4 for the zoning district in which the lot is located. The lot lines on opposite sides of that portion of a lot lying between the building line and the street line shall be no closer than the minimum lot width provided in article 4, for the zoning district in which the lot is located. Minimum lot width shall be provided as specified in article 4, and shall be measured at a point no closer to a street line or, if none, to a lot line than the minimum front yard dimension for the zoning district in which it is located.

502.2.

Lot frontage and width, flexible provisions.

Upon approval by the planning board, through a request for waiver pursuant to the town's subdivision and land development regulations, the following lot frontage and lot width variations may be permitted:

A.

In residential zones R-10 to R-200, the planning board is authorized to reduce the lot frontage and lot width of newly created lots in a subdivision on any public or approved private street to a minimum of twenty (20) feet.

B.

The planning board must, before approving such flexible lot frontage and lot width, make findings of fact that:

1.

Using flexible zoning is in the best interest of good planning design as evidenced by consistency with the comprehensive community plan and the zoning ordinance; and

2.

Would result in a better use of the land than permitted under conventional zoning.

C.

Open space lots, within an approved cluster subdivision, may have zero (0) frontage on a street, as long as the planning board approves private access to the open space by easement.

D.

As part of the application to the planning board for flexible lot frontage and width, a "yield plan," as defined in article 12 shall be required. No more buildable lots shall be allowed using flexible frontage and width provisions than are allowed by using the conventional frontage and width provisions.

502.3.

Exceptions to height regulations.

A.

The following structures or parts of structures may be erected above the specified height limitation contained in the schedule of dimensional regulations: church spire, church tower or church belfry; flagpole; radio or television antenna for noncommercial private use only; chimney; elevator penthouse; silo; or public or semi-public water supply structures.

B.

Windmills and cellular communications towers. Upon the granting of a special use permit by the zoning board of review, a windmill or cellular communications tower may exceed the height limitation contained in the schedule of dimensional regulations up to a total of two hundred (200) feet. Above such height, a dimensional variance shall also be required.

502.4.

Architectural projections.

Ordinary projections of window sills, cornices and other structural features may extend not more than twelve (12) inches into the space above required yards. Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks and similar architectural projections, when attached to a principal building, shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard. When such structures are not attached by the principal building they shall be considered accessory buildings and shall be governed by the provisions of section 401, Schedule of Dimensional Regulations.

502.5

Flexible design residential projects.

A.

Purpose. The purposes of this section, Flexible Design Residential Projects (FDRP), are:

1.

To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;

2.

To preserve historical and archeological resources;

3.

To protect the natural environment, including South Kingstown's varied landscapes;

4.

To protect the value of real property;

5.

To promote more sensitive siting of buildings and better overall site planning consistent with the "South Kingstown Residential Design Manual," prepared by Dodson Associates, dated January 1999, and as subsequently amended and incorporated in the comprehensive community plan (hereinafter, the "design manual");

6.

To perpetuate the appearance of South Kingstown's traditional New England landscape;

7.

To allow landowners a reasonable return on their investment and to reward landowners with reduced infrastructure costs and density bonuses;

8.

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and

9.

To offer an alternative to conventional subdivision development.

10.

To require the construction of affordable housing units and/or development exactions for affordable housing in accord with the requirements of section 502.6 and the subdivision and land development regulations.

B.

Approval procedure. The planning board may approve, as a land development project, a flexible design residential project (FDRP) in zoning districts where allowed in article 3 of this ordinance. Application for all FDRP land development projects shall be made in accordance with the procedures of the town's subdivision and land development regulations, whether a subdivision or not. Where the FDRP is allowed by special use permit, planning board approval shall be conditioned upon the applicant receiving relief from the zoning board subsequent to master plan approval.

C.

Permitted uses. Permitted uses in an FDRP include:

1.

Residential dwelling units as herein provided and accessory uses customarily incidental and subordinate thereto; and

2.

Open space which is set aside for recreation, conservation, agricultural use or for preservation of valuable or sensitive features or structures.

The following residential uses are permitted (Y) in a FDRP:

D.

Maximum density for FDRP. The maximum density for an FDRP shall not exceed the number of lots (or dwellings) which could reasonably be expected to be developed upon the FDRP site under a yield plan as defined in article 12 of the zoning ordinance of the town (the "basic maximum number"), plus any incentive dwelling units; provided, however, that the maximum number of permitted dwelling units in the FDRP site shall not be increased by a factor of more than 1.3 above the basic maximum number where granted a zoning incentive as provided in subsection 502.5.E., below.

E.

Zoning incentives. No zoning incentives pursuant to this section shall be permitted in R200 Zoning Districts. In all other districts where permitted, the planning board may approve an FDRP with the following zoning incentives:

1.

The number of single household dwelling units having one (1) or fewer bedrooms, including so-called "studio units" may be increased by a factor of 1.2 for the purpose of calculating the basic maximum number; and/or

2.

The number of single household dwelling units having a maximum of two (2) bedrooms, including so-called "studio units" may be increased by a factor of 1.1 for the purpose of calculating the basic maximum number; and/or

3.

Where the planning board determines that occupancy of the dwelling unit in the FDRP is limited to adults fifty-five (55) years of age or older, subject to the exceptions set forth in the Federal Fair Housing Act, the basic maximum number of permitted dwelling units in the development may be increased by a factor of 1.2; and/or

4.

Where the planning board determines that the amount of open space area provided in the entire FDRP exceeds the minimum required amount as provided in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

5.

The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the South Kingstown Residential Design Manual. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one (1). Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two (2) bedrooms.

Except as provided in subsection E.5. above, any dwelling unit awarded as an incentive shall contain no more than two (2) bedrooms. Incentives shall be given in accordance with article IV of the subdivision and land development regulations.

F.

Modification of lot requirements. Applicants are encouraged to modify lot size, shape, and other dimensional characteristics within an FDRP. An FDRP may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Lots having reduced area or frontage shall not have frontage on a street other than a street created by the FDRP; provided, however, that the planning board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood. Unless waived pursuant to the subdivision and land development regulations, dimensional regulations applicable in the R10 Zoning District, as set forth in the South Kingstown Zoning Ordinance, section 401, Schedule of Dimensional Regulations, shall be applicable to an FDRP.

G.

Streets. Streets within an FDRP may be publicly or privately owned and maintained. Streets shall be designed to conform with the standards of the town where the street is or may be ultimately intended for dedication and acceptance by the town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the planning board.

H.

Open space. Open space shall be provided and administered in accordance with the provisions of section IV.A.11 of the planning board's subdivision and land development regulations.

The open space in an FDRP shall be devoted only for conservation purposes or for park, recreation, and agricultural purposes as follows:

502.6.

Inclusionary zoning.

(See definition in article 12) Note: the provisions of this article are in addition to those contained in article 5, section 502.5, Flexible design residential projects.

A.

Purpose. The purposes of this section, inclusionary zoning, are:

1.

To promote affordable housing production in the town in accordance with the goals and policies of the South Kingstown Comprehensive Community Plan's Housing Element and Affordable Housing Production Plan;

2.

To encourage the development and availability of housing that qualifies as low and moderate income housing as mandated by G.L. 1956, § [Ch.] 45-53, the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended;

3.

To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;

4.

To encourage and perpetuate the historic diversity of the community through the development of housing and housing for all populations within the town, including, but not limited to, housing for the resident workforce and housing for special needs populations;

5.

To allow landowners and/or developers a reasonable return on their investment through the provisions of density bonuses to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.

B.

Applicability. This section shall be applicable in all zones permitting residential development where the applicant proposes a development of six (6) or more additional housing units or buildable vacant house lots.

C.

Permitted uses

1.

Subject to the requirements of section 301, Schedule of Use Regulations, and section 502.5.C.2., Permitted uses, the following residential uses are permitted (Y) in subdivisions and land development projects subject to these inclusionary zoning provisions:

2.

Accessory apartments per section 503.2 may be permitted as inclusionary units required under this section at the discretion of the planning board.

D.

Affordability requirements.

1.

For all applicable projects, at least twenty-five (25) percent of the units within the project must qualify as affordable housing, as defined by G.L. § 42-128-8.1(d)(1).

2.

Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.

3.

A Town-approved monitoring service agreement with a qualified organization.

E.

Off-site option.

1.

The planning board, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the inclusionary zoning requirement by constructing inclusionary units on a site other than that on which the project is located. The following may be required by the planning board for such off-site construction.

a.

Off-site rehabilitation of affordable units in existing buildings.

b.

Off-site construction of affordable units.

2.

Provisions of off-site inclusionary units shall be subject to the following conditions:

a.

Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.

b.

New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.

c.

Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.

F.

Incentives. The number of housing units allowable on the site or sites involved shall be increased to two (2) market rate units for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development.

502.7

Cottage Community.

A.

Purpose. The purposes of this section, Cottage Community, are to:

1.

Provide housing types that are responsive to changing household demographics (e.g., retirees, young people entering the workforce, small families, single parent households, single person households, dual owner households);

2.

Provide more opportunities for low to moderate income (LMI) housing within single-family neighborhoods;

3.

Encourage creation of functional usable open space in residential communities;

4.

Promote neighborhood interaction and safety through design; and

5.

Ensure compatibility with neighboring uses.

B.

Applicability. The Planning Board may approve, as a Major Land Development Project, a Cottage Community in the Town's R10 and R20 Zoning Districts, as defined in Map 6.1, Sewer Service Areas, Town of South Kingstown Comprehensive Community Plan, 2014 as amended and adopted, unless the proposed Cottage Community Development is within the Town's Historic Overlay District as defined by Article 6, Section 600 of the Zoning Ordinance where they are prohibited.

1.

A Cottage Community shall only be allowed on lots that have existing access to water and sewer service or where the applicant can demonstrate that new water and sewer access will be provided prior to occupancy.

C.

Procedures. Applications for Cottage Community approval shall be made in accordance with the procedures for approval of a Major Land Development Project per the Town's Subdivision and Land Development Regulations.

D.

Inclusionary Zoning. Any Cottage Community is subject to the Inclusionary Zoning requirements of Section 502.6.

E.

Density Requirements.

1.

The maximum density shall be eight (8) cottage units per developable acre of land.

2.

An individual cottage development shall contain a minimum of six (6) dwelling units and may contain a maximum of thirty (30) dwelling units.

3.

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

F.

Dimensional Requirements.

1.

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

2.

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

3.

Dwelling units shall be separated by a minimum of ten (10) feet from the side edge of one (1) building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten (10) foot separation shall be measured from the outside edge of these features.

4.

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

5.

The first floor area of each cottage unit shall not exceed nine hundred (900) square feet (foot print) not inclusive of any porch or deck area. Where a second floor is included, the habitable area of the second floor shall not exceed fifty (50) percent of the ground floor area.

6.

Dimensional requirements for porches shall comply with Subsection H.2, Porches.

7.

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

8.

The building height for all structures shall not exceed twenty-five (25) feet. Where included, the second floor area shall primarily be located under the pitched area of the roof as a half story, with the spring point for the eave starting no higher than three (3) feet above the finished floor, and with no more than fifty (50) percent of the roof length interrupted by dormers. In no instance shall the first floor exterior walls exceed fourteen (14) feet in overall height.

9.

Dwelling units shall have a minimum 6:12 roof pitch. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs.

10.

No building in the cottage community shall be closer to an adjacent property line than the required side yard setback of the zoning district of any adjacent property.

11.

Accessory dwelling units are not allowed within a Cottage Community.

G.

Common Open Space.

1.

A minimum of two hundred fifty (250) square feet of common open space shall be provided per dwelling. However, not less than three thousand (3,000) square feet of common area shall be provided regardless of number of dwelling units.

2.

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

3.

Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units.

4.

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

5.

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

6.

The Planning Board may allow stormwater drainage facilities within the common open space if it finds that the drainage areas are designed as a fully integrated part of the overall common open space landscape plan which incorporates the types of design features and amenities noted above in Section 502.7.G.5, and are designed to facilitate infiltration and recharge.

7.

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

H.

Private Open Space.

1.

Intent. A sense of community requires the right balance of personal privacy. Private open space is an essential component of this balance. A "front" yard creates a transition between public and private spaces, while a "side" or "back" yard offers increased seclusion.

2.

Location. A semi-public transition zone and semi-private porch shall separate the main entrance to the dwelling from the common open space or street. This transition zone should include some combination of fencing, plantings, and or railings, none of which may exceed thirty-six (36) inches in height. Private open space may be located in the side and/or rear yards.

3.

Size. Each residential unit shall be provided with a minimum of two hundred (200) square feet of usable private open space, with no dimension less than ten (10) feet. Such open space requirements may be met with a combination of front, side or rear yard locations.

I.

Cottage Building and Fence Design Standards. In addition to the dimensional regulations in Article 4, and the standards contained in South Kingstown, RI - Cottage Community Regulations Design Guidelines - Bulletin #1 (July 2021), the following building design standards shall apply:

1.

Variety in Building Design. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than one-third (⅓) of the total dwelling units in a CCD. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:

• Variation in general architectural elevation and size.

• Predominant wall materials shall be or have the appearance of wood, brick or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish. Vinyl siding materials are prohibited unless such products have the appearance of natural wood (i.e. CertainTeed Signature Cedar Impressions Siding products or AZEK paintable trim material).

In addition, a minimum of five (5) of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

• Variation in building stories (a mix of one- and one-and-a-half-story buildings).

• Variation in roof/building colors and/or materials.

• Varying roof shapes or gables between adjacent structures.

• Windows with visible trim and mullions.

• Roof brackets.

• Dormers.

• Bay windows.

• Entry enhancement such as a well detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions.

• Attached trellis elements over windows or patios.

• Exterior Chimney made of, or clad in, brick or stone.

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

• Additional porches and patios (required porch not included).

2.

Porches.

(a)

Cottage housing units shall have a covered porch of the primary entrance oriented to the common open space or the public street right-of-way as applicable.

(b)

The required front porch shall have a minimum sixty (60) square feet in area with a minimum dimension of six (6) feet and a maximum dimension of ten (10) feet on any side, except that:

(1)

A porch may extend, but is not required to extend, the full length of the front façade. The porch may also wrap around the cottage for a maximum length of twenty (20) feet along either side of the cottage. Note: listed this as an exception to b).

3.

Fences. All fences interior to the development shall be no more than thirty-six (36) inches in height. Fence materials shall be or have the appearance of natural materials, such as wood, brick or stone, shall be made of a paintable material (i.e. Azek, Walpole Outdoor Fence products), and may be painted or coated in a nonmetallic finish. Chain link fencing is prohibited.

J.

Parking.

1.

A minimum of one (1) parking space per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement. Any parking spaces in excess of one (1) per dwelling unit shall be designed with pervious materials such as pervious pavement, porous asphalt, gravel surfaces, grass or other similar pervious options. Parking spaces, whether uncovered or in garages or carports, shall not count toward the total floor area of a cottage unit, as described in subsection F.5.

2.

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

3.

Garage doors shall not be oriented towards a public right-of-way (i.e. street).

4.

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

5.

Surface parking lots shall be broken into sub-lots of no more than fifteen (15) parking spaces. Any surface parking lot with more than seven (7) parking spaces shall contain at least one (1) landscape island. Landscape islands shall:

(a)

Be a minimum of one hundred forty-four (144) square feet (eighteen (18) feet parking spaces) or one hundred sixty (160) square feet (twenty (20) feet parking spaces).

(b)

Have a minimum dimension of at least eight (8) feet at the widest point measured from the edge of pavement or back of curb where curbing is proposed.

(c)

Be located, graded and designed to pretreat stormwater runoff

(d)

Be planted with vegetation suited to the stormwater management strategy and resilient to the stressors anticipated in the parking area (e.g., heat, sand, etc.)

(e)

Include at least one (1) deciduous shade tree of not less than two-inch caliper and at least ten (10) feet in height at the time of installation.

(f)

Applicants may deviate from these standards where it can be demonstrated to the satisfaction of the Planning Board that stormwater management is not feasible because of the location of the island (i.e., upgradient) or other pre-existing site conditions.

6.

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

7.

Surface parking lots shall be set back twenty (20) feet from the outside perimeter of the cottage community. This setback can be reduced to below twenty (20) feet but never less than ten (10) feet along no more than fifty (50) percent of the perimeter. Where the setback is less that twenty (20) feet a decorative and sturdy fence at least six (6) feet in height (measured from grade) shall be installed (See Section H for fence standards).

8.

Surface parking lots of more than four (4) spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features, in accordance with Article XIII, Section G of the Subdivision Regulations.

9.

Enclosed parking structures shall have a minimum 6:12 roof pitch and a maximum height of eighteen (18) feet. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs. Parking structures shall also comply with the architectural elements required by Section H. (Cottage Building Design Standards).

K.

Common Area Maintenance.

1.

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

"If the owners or their successors or assigns fail to maintain the common area, or fail to keep a Home Owners Association active and in good standing with the Rhode Island Secretary of State responsible for said maintenance, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns, or seek judicial relief to compel the owners to perform any necessary maintenance."

2.

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

L.

Stormwater Management. All applications shall be required to meet RIDEM's Stormwater Standards and shall conform to the Town's Subdivision and Land Development Regulations and Design Manual with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.

M.

Sunset Provision. The provisions of Section 502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on March 1, 2025, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

(Ord. of 7-23-01; Ord. of 8-15-06(1); Ord. of 10-22-07(2); Ord. of 2-9-15; Ord. of 7-26-21(1); Ord. of 03-13-23(1); Ord. of 12-11-23(2))

The following regulations are required in addition to the schedule of use regulations table in article 3:

503.1.

Accessory structures.

No accessory structure shall be located in any required front yard, except flagpoles, signs, and structures (not to exceed five hundred (500) square feet in area nor exceed ten (10) feet in height) related to public safety, transportation or utilities.

503.2.

Accessory apartments.

A.

One (1) accessory apartment shall be permitted within, or as an accessory structure on the same lot as, a principal residence provided that it meets all of the requirements as set forth herein.

B.

An accessory apartment serviced by a public sewer system may be established in any zoning district in which residential dwelling units are allowed, provided that:

1.

An accessory apartment that is part of the principal dwelling shall comply with the dimensional regulations for a principal use contained in article 4, Schedule of Dimensional Regulations, of this ordinance. An accessory apartment that is separate from the principal dwelling shall comply with the dimensional regulations for a detached accessory structure contained in article 4, Schedule of Dimensional Regulations, of this ordinance; and

2.

Where two-household dwellings or multi-household dwellings are permitted, an accessory apartment may not be established unless it replaces an allowed dwelling unit. For example, if the use and dimensional regulations would allow only three (3) dwellings units, a lot may contain two (2) dwellings and an accessory apartment, but not three (3) dwelling units and an accessory apartment; and

3.

The taking of boarders or the renting of rooms by a resident family is prohibited in both the principal residence and the accessory apartment. No rooming or boarding house shall be permitted to have an accessory apartment.

C.

An accessory apartment which is not serviced by a public sewer system may be established in R200 zones by special use permit only. In so doing, it is the intent of this ordinance to provide increased protection to the underground aquifers that are the source of the community's drinking water. In passing on such a special use permit, the zoning board of review shall consider, in addition to the conditions contained in section 907 of this ordinance, the location of the individual sewage disposal system (ISDS) that services the accessory apartment in relation to the nearest "fresh water wetlands," as defined herein.

All of the following conditions shall attach to every special use permit granted for an accessory apartment serviced by an ISDS in an R200 Zone:

1.

An existing ISDS that services the accessory apartment shall be upgraded to meet current Department of Environmental Management regulations.

2.

The ISDS shall be pumped every two (2) years, with proof of pumping to be submitted to the building official.

3.

The accessory apartment shall be equipped with low water consumption plumbing fixtures.

4.

No garbage disposal or washing machine shall be installed in the accessory apartment.

D.

Notwithstanding anything herein to the contrary, including subsection C., above, no accessory apartment which is not serviced by a public sewer system shall be established in the following areas:

1.

Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated November 27, 1984, including the September 1993 addenda and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District; and

2.

Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "The Narrow River Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated December 8, 1986, and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District.

E.

All accessory apartments shall meet the following design and performance criteria:

1.

The accessory apartment is designed and constructed in such a way as to maintain the appearance of the use of the lot as a single-household residence.

2.

The accessory apartment shall contain no more than seven hundred fifty (750) square feet. Said square footage shall be calculated using the exterior measurements of the structure including any covered porch areas but excluding stairs providing access to the accessory apartment. Where special circumstances exist that are peculiar to the site in question, relief from this requirement shall be available by special use permit provided that the conditions in section 907 of this ordinance are satisfied.

3.

The accessory apartment is in the same ownership as the principal residence.

4.

Either the principal residence or the accessory apartment is occupied by the owner for at least six (6) months of the year.

5.

Before a certificate of occupancy for the accessory apartment may be issued, the property owner shall record a deed restriction in the South Kingstown Land Evidence Records that acknowledges and covenants that the accessory apartment is subject to the requirements and restrictions of this ordinance and that such restrictions run with the property.

F.

A property owner who proposes to use an existing individual sewage disposal system (ISDS) to serve an existing or proposed accessory apartment must obtain an ISDS change of use approval from the Rhode Island Department of Environmental Management in order to obtain a certificate of use and occupancy.

G.

An accessory apartment as defined herein is not the same as an "accessory family dwelling unit," as defined in the General Laws of Rhode Island and article 12 of this ordinance. Accessory apartments are meant to serve many of same purposes as accessory family dwellings units, as well as the additional purpose of providing affordable housing opportunities. Accessory family dwelling units are not permitted in any zoning district.

H.

Where an accessory apartment is proposed within a Flexible Design Residential Development (FDRP), the accessory apartment shall not count in the computation of dwelling units therein. Accessory apartments located in a FDRP shall be subject to the provisions of this section.

503.3.

Swimming pools.

No private swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet, and less than three (3) feet deep, or with an area of less than one hundred (100) square feet shall be allowed in any district, except as an accessory use, and if it complies with the following conditions and requirements:

A.

The pool is intended and is to be used principally for the enjoyment of the occupants of the property on which it is located.

B.

It may not be located closer than ten (10) feet from any property line.

C.

The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by persons from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet nor more than six (6) feet in height, shall be maintained in good condition with a gate and lock, and must prohibit the passage of any object exceeding four (4) inches in diameter.

503.4.

Storage of farm vehicles and equipment.

The storage of farm vehicles and equipment is permitted as an accessory use to a permitted agricultural activity in all zoning districts. The storage of landscaping and lawn maintenance equipment, including the outdoor storage of vehicles, is permitted as an accessory use to the operation of a horticultural nursery regardless of whether said equipment is used on the premises or offsite, provided any indoor storage shall occur only in agricultural buildings pre-existing the date of the passage of this ordinance (August 23, 2004). The outdoor storage of farm vehicles such as tractors, etc., and farm equipment, animal feed, hay or manure including landscaping and lawn maintenance equipment, when located on a lot in an R20, R10, RM or Commercial Zoning District, shall be screened by means of a ten-foot wide full landscape screen as provided in the subdivision regulations (landscape requirements) and shall not be located in any minimum required yard. Farm vehicles and equipment and landscaping and lawn maintenance equipment, stored in other zoning districts shall not require such screening.

503.5.

Parking or storage of commercial vehicles and boats.

Commercial vehicles or accessory machinery and equipment for such, when parked or stored in any residential district or a CN Zoning District, only as allowed in article 3, shall be parked or stored in a completely enclosed building or in an area screened and/or landscaped by means of a full landscape screen as specified in the subdivision and land development regulations, whether or not said parking or storage area is adjacent to a residential district. However, the area used to store one (1) commercial vehicle of up to one and one-half (1½) tons capacity shall not be required to be so screened or landscaped.

Only one (1) commercial boat may be stored in a residence district on any lot, provided said boat is not in excess of thirty (30) feet in length nor more than fifteen (15) feet in height measured from ground level to the highest point.

503.6.

Parking or storage of major recreation equipment in residence district.

In residence districts the parking or storage of major recreation equipment, which includes transient trailers, pick-up campers, coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes, shall be regulated as follows:

A.

Only one (1) transient trailer, pick-up camper, coach motorized dwelling, tent trailer, or boat trailer may be parked or stored on any lot in a residence district provided that such equipment be not more than ten (10) feet in height measured from ground level to the highest point.

B.

Only one (1) boat not to be in excess of thirty (30) feet in length may be stored in a residence district provided that such equipment be not more than fifteen (15) feet in height measured from ground level to the highest point.

C.

No such major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.

D.

Such recreation equipment must comply with the requirements of section 401, Accessory Buildings, but in no case may such equipment be located less than ten (10) feet from any side or rear lot line.

E.

No major recreation equipment shall be stored out of doors in residence districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so within a six-month period.

503.7

Farm retail sales activity (farm accessory uses).

A.

Purpose. The purpose of this subsection is to encourage farming and agricultural operations within the town by permitting, in addition to the principal agricultural activities conducted upon the site, retail sales of certain farm and farm-related products, farm enterprise, farm events and farm structure accessory uses.

B.

General. Upon any farm, as defined in article 12, the retail sales activities listed below are permitted by right subject to development plan review pursuant to the subdivision and land development regulations. These retail sales activities shall be permitted in addition to retail sales of farm products normally associated with the operation of a farm, and raised or produced on the premises. Where special circumstances exist that are particular to the site in question, relief from any requirement of this subsection 503.7 shall be available only by special use permit provided that the conditions in article 9 of this ordinance are met.

1.

Sale of vegetative products not raised on the premises (see subsection C., below);

2.

Sale of manure produced on the premises only;

3.

Sale of mulch composed of vegetative origin, such as bark mulch. For a farm (large) a maximum (total) of five hundred (500) cubic yards of all types of mulch (including top soil/loam and compost) may be stored on the premises at any one time. For a farm (intermediate) a maximum (total) of three hundred (300) cubic yards of all types of mulch may be stored on the premises at any one time. For a farm (small) the maximum total storage of all mulch varieties is one hundred fifty (150) cubic yards. Sale of mulch composed of earth products such as stone, sand or gravel shall be prohibited. The farm operator shall indicate the location and extent of the mulch storage areas on the site plan submitted for the property during development plan review. Such storage shall not be located within any required setback from property lines and the planning board shall have the ability to require that such areas be screened from abutting residential properties and/or public rights-of-way.

4.

Retail sales of farm-related products as defined in article 12.

5.

Sale of timber or other wood products from raw material grown on the site. The processing of wood, including cutting, sawing, stacking and drying shall be allowed for raw material grown on the site and specifically excluding trees brought in from off the site.

Retail sales of products on a farm as permitted by this ordinance may take place (1) outdoors anywhere upon the lot constituting the premises of the farm; or (2) within a farm retail sales building (see subsection D., below) located on the premises of the farm; or (3) at a farmstand (see subsection E., below) or (4) farm structures used for farm enterprise activities or uses (see subsection F., below).

C.

Sale of vegetative products not raised on the farm premises. Upon any farm, as defined in article 12, the sale of vegetative farm products not raised on the premises shall be permitted, in addition to sale of any farm products raised or produced upon the farm premises itself. The purpose of this provision is to permit vegetative farm products grown, produced or raised off premises to be sold upon any farm anywhere in the town. Sale of such imported vegetative products, if conducted out of doors, shall not be limited in terms of area, location or extent. Such products may also be sold within a farm retail sales building or farmstand, as defined herein.

As used in this subsection, the term vegetative products shall mean any farm product of horticultural origin, including, but not necessarily limited to fruits, vegetables, live trees, Christmas trees, shrubs, firewood, sod, hay, and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, fish or other seafood, bees, or the like. This prohibition shall not apply to locally produced products or goods certified as locally grown by RIDEM, division of agriculture. Also excluded from this definition are forest products including lumber, logs or similar building materials.

D.

Farm retail sales building. A farm retail sales building is a single building or group of buildings located upon a farm, the principal use of which is the sale of farm or farm-related products at retail to the general public.

Retail sales may be conducted upon a farm (1) within a principal dwelling; or (2) within a barn, storage shed or similar accessory farm building; or (3) within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed 1,200 square feet per farm (small). Definition "farm, intermediate" may be permitted a farm retail sales building not to exceed 2,000 square feet. Definition "farm, large" may, subject to the issuance of a special use permit by the zoning board of review, be permitted a farm retail sales building greater than two thousand (2,000) square feet but not exceeding five thousand (5,000) square feet in floor area devoted to retail use.

A barn or garage shall not be considered to be a farm retail sales building if no retail sales are conducted anywhere within the building and if such buildings are not open to the public. Greenhouses used for the growing and holding of plants from seed, bulbs, roots and cuttings to a salable product may be open and accessible to the public for viewing, selecting and bringing plants to the farm retail sales building to complete the sale of the selected plants.

Within any such farm retail sales building, storage areas not open to the public shall not be counted toward the maximum floor area per farm, provided that all such areas shall be clearly identified and marked as such. If any portion of a farm retail building is open to and accessible by the public (excluding greenhouses) it shall be counted toward the maximum area permitted per type of farm.

In addition to the sales listed in subsections B. and C., above, the following types of retail sales of food and farm-related products are permitted within a farm retail sales building (indoor sales only):

1.

Sale of food. Sale of food or food products within a farm retail sales building is permitted as follows:

(a)

Prepared food items such as baked goods, canned goods, preserves, herbs and the like may be sold, provided all food preparation and cooking is conducted upon the farm and within a kitchen licensed by the state.

(b)

Fresh or frozen meats, prepared or smoked meats, poultry or other perishable foods raised or produced on the farm premises may be sold, but the sale of freshly cooked meats or poultry is specifically prohibited. Slaughterhouses are also prohibited.

(c)

All food shall be prepared and packaged upon the farm premises.

(d)

Prepared food items sold to the public may be consumed by the public on the premises, however no seating areas for food consumption may be provided.

2.

Sale of farm-related products. All such products, as defined in article 12, may be sold indoors only within a farm retail sales building, provided that the floor area devoted to such sales does not exceed twenty-five (25) percent of the total floor area of the farm retail sales building(s).

E.

Farmstand. A farmstand is a rustic, freestanding structure or vehicle used only for the seasonal sale of farm products as permitted by this ordinance. Farmstands may be structures or may be motor vehicles, wagons or trailers.

Farmstand structures, other than motor vehicles, shall not exceed three hundred (300) square feet in total floor area and fifteen (15) feet in height. Farmstands may provide self-service customer access to goods for sale within the farmstand structure subject to compliance with applicable life safety codes. Yard setbacks shall be regulated by the appropriate dimensional regulations for accessory structures as provided in section 401.

The floor area devoted to a farmstand shall be considered to be in addition to any floor area permitted for a farm retail sales building in subsection D., above.

Electricity may be provided to any farmstand structure. Motorized vehicles may be provided with batteries as required for normal operation of a motor vehicle, but any electric service under this subsection shall not be used for signs, or outdoor lighting.

F.

Farm enterprise uses. Subject to development plan review approval farm structures and grounds may be utilized for farm enterprise uses (parking must be provided in accord with the requirements of article 7, see also definition "farm enterprise"). Such uses shall not be counted toward the allowable square footage in a farm retail sales building.

G.

Farm events. Subject to development plan review (DPR) approval, for each category of event, farm structures and grounds may be used to host farm events as an accessory use to the principal use of the premises for agricultural purposes. Parking must be provided in accordance with the requirements of article 7 (see also definition "farm events"). Such uses shall comply with all applicable state or local licensing requirements and shall not be counted toward the allowable square footage in a farm retail sales building. Prior to DPR consideration of any proposed farm event use or uses, the application shall be reviewed by the town's traffic and transportation review committee (T ² RC). The T ² RC shall provide advisory recommendations to the planning board to assist its formal review. The applicant shall provide postcard notice to property owners within two hundred (200) feet of the area that is proposed for the activity and parking facility to support the farm events. Said notice shall be mailed not less than seven (7) days prior to the planning board's development plan review consideration.

H.

Location. Farmstands and farm retail sales buildings are permitted only upon the premises of a farm owned or leased by the licensee pursuant to subsection K. below.

I.

Signs. One (1) freestanding or wall-mounted sign each shall be permitted in any zoning district to identify a farm retail sales building or a farmstand, up to a maximum of two (2) signs per farm. The maximum area of each sign shall be twelve (12) square feet (per side, if freestanding).

J.

Off-street parking and loading. Off-street parking for farm retail sales buildings and farmstands shall be one (1) space per one hundred (100) square feet floor area devoted to retail sales, with a minimum of five (5) spaces provided. All such parking areas shall be set back at least ten (10) feet from the paved portion of the street and shall be physically restricted or channeled on the lot to define a readily recognizable driveway between the highway and the parking area, and to prevent parking directly along highway shoulders. Parking areas for farm retail sales buildings and farmstands do not need to be paved.

There are no minimum off-street loading requirements for farm retail sales buildings or farmstands.

K.

Farm sales license required. All farm retail sales activities shall be required to obtain an annual farm sales license from the town. As a prerequisite for issuance of an annual farm sales license, licensees shall be required to furnish proof of the following:

1.

That the licensee is a "farmer," as defined in article 12; and

2.

That the premises proposed for use for farm retail sales activity qualifies as a "farm," as defined in article 12; and

3.

That the licensee is the owner or lessee of the farm premises proposed to be used for the farm retail sales activity; and

4.

That all necessary zoning approvals and any other necessary permits have been received.

No more than one (1) license shall be issued annually for retail sales activity upon any single farm as herein defined. Provided, however, that an individual farmer may be issued any number of annual permits for each separate farm he/she owns or leases.

503.8.

Customary home occupation.

A.

One (1) customary home occupation shall be permitted within a principal residence, or as an accessory structure on the same lot as a principal residence, provided that it meets all of the requirements as set forth herein.

B.

The customary home occupation shall be:

1.

Conducted as an accessory use in the resident's dwelling unit or accessory structure;

2.

Carried on by a member of the family residing in the dwelling unit on the same lot;

3.

Clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

4.

Performed by the resident and no more than one (1) person not a resident member of the family shall be employed in the home occupation.

C.

The customary home occupation shall meet all of the following performance standards.

1.

The home occupation shall use no more than three hundred (300) square feet of floor area.

2.

There shall be no exterior display, no exterior sign (except as permitted under article 8), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building; and such activity shall not be visible from a lot line.

3.

No vibration, smoke, dust, odors, heat or glare or offensive noise shall be produced.

4.

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

5.

Any parking required for the conduct of such home occupation shall be provided off the street and not in a required front yard.

6.

There shall be no direct retail sale of goods from the site of the home occupation.

503.9.

Accessory solar energy systems.

A.

Accessory solar energy systems, defined as any solar energy system that is incidental and subordinate to the principal use(s) of the parcel or development and is either (1) entirely roof-mounted or (2) generates no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel, shall be permitted in the zones indicated in section 301.

B.

Accessory solar energy systems in the OS and Special Flood Hazard Area Overlay zones shall be roof-mounted only.

C.

New or expanded accessory ground-mounted solar energy systems greater than one thousand seven hundred fifty (1,750) square feet in size, inclusive of inter-row and panel/collector spacing, shall be subject to development plan review. The development plan review of new or expanded ground-mounted accessory solar energy systems of forty thousand (40,000) square feet or more in size, inclusive of inter-row and panel/collector spacing, shall include a public hearing, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regulations. Roof-mounted solar energy systems proposed on new structures or on additions to existing structures shall be reviewed according to the review procedure established by this ordinance for the structure or addition. Development plan review shall be conducted pursuant to the provisions of section 505.1, and the town subdivision and land development regulations. The review procedure for accessory solar energy systems is summarized in the following table:

ACCESSORY SOLAR ENERGY SYSTEMS

D.

Ground-mounted accessory solar energy systems shall be sized to generate no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel. Ground-mounted solar energy systems that generate more energy than stated above shall be classified as major or minor solar energy systems, based on the size of the system, and shall be governed by the requirements of section 510.

E.

At the time of application for a building permit or development plan review, as is applicable pursuant to this section, the applicant must demonstrate that the ground-mounted accessory solar energy system has been designed to produce no more than one hundred twenty-five (125) percent of the energy that is necessary to support the other uses occupying the parcel. On parcels with existing principal use(s), the applicant shall provide the energy consumption documentation for the use(s) for the previous three-year period. For new single-family and duplex residential dwellings proposing accessory solar arrays, the applicant shall provide an estimate of electrical usage based on data received from the utility company. For all other new principal use(s), the applicant shall provide an estimate of electrical usage for the use(s), prepared and certified by an electrical engineer.

F.

Accessory solar energy systems shall not be constructed, installed, or modified as provided in this section before a building permit is obtained.

G.

Ground-mounted accessory solar energy systems shall meet the applicable dimensional and site design requirements of section 401 and section 510.5, unless an alternative requirement is contained within this section.

H.

Accessory ground-mounted solar energy systems in residential zones shall require twice the accessory structure setbacks required by section 401 for the zoning district in which they are located. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.

I.

In residential zones, electrical lines and connections from the principal dwelling to the accessory ground-mounted solar energy system shall be installed underground.

J.

Roof-mounted solar energy systems shall not exceed the height requirements prescribed by the zoning district in which they are located.

K.

On flat roofs, accessory solar energy systems shall be set back from the edge and/or behind architectural features to be minimally visible. Panels and devices may be set at a pitch and elevated, if not visible from public streets. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline.

503.10.

Temporary storage containers on residential properties.

A.

The permanent use of storage containers on a property with a residential use, as identified in section 301, table of uses, use codes 10 through 16.2, is prohibited. A temporary storage container on such properties is only allowed in accordance with this section. A "storage container" as used in this section, means a prefabricated relocatable steel building, box trailer or shipping or cargo container.

B.

One (1) storage container shall be permitted as of right on a residential property, as referenced in subsection A, for a single period of no longer than sixty (60) days as a temporary use by the property owner. During that sixty-day period, a property owner may apply to the zoning board for a special use permit to maintain the storage container for an extended period of time, in accordance with section 504.16.

C.

Storage containers shall comply with setbacks for accessory structures.

D.

Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.

503.11.

Temporary use of dumpsters on residential properties.

A.

The permanent use of a dumpster on a property with a single-family or two-family use falling under use codes 10, 11, 12.4, and 12.5 in section 301, table of uses, is prohibited. A temporary dumpster on such properties is only allowed in accordance with this section.

B.

Any person, corporation, partnership or any other entity requiring the use of a temporary dumpster shall, prior to placing a dumpster on public or private property for any period of time, obtain a dumpster permit from the building official. Said permit shall specify the size of the dumpster, location and the name and phone number of the dumpster company and the length of time that said dumpster may be used on the said public/private property. A dumpster permit issued under this section that is obtained in connection with a building permit is valid for one hundred eighty (180) days from the date of issuance. All other dumpster permits issued under this section are valid for thirty (30) days from date of issuance. Each permit is renewable once. After a renewal permit has expired, a ninety-day waiting period is required before another dumpster permit can be issued.

C.

Minimum standards. Any dumpster used pursuant to a permit issued under this section shall meet the following standards:

1.

The dumpster shall be painted so as to be reasonably resistant to rust and corrosion.

2.

The name and telephone number of the dumpster owner shall be clearly painted on at least two (2) sides, except when opened for deposit or servicing.

3.

Dumpsters less than twenty (20) cubic yards in size shall be capable of being closed on all sides, except when open for deposit and servicing.

4.

Dumpsters greater than (20) cubic yards in size shall be capable of being secured so as to prevent the spillage or overflow of material from the container.

5.

Dumpsters shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.

6.

Dumpster placement must meet accessory structure setbacks for the zoning district where the property is located.

7.

Dumpsters shall be maintained with a frequency sufficient to prevent spillage or overflow, to prevent the buildup of offensive odors, and to prevent a public hazard. The responsibility for the maintenance and servicing of dumpsters shall rest with the property owner. The maintenance of dumpsters shall include the cleanup and removal of all litter thrown or left on the dumpster premises to prevent litter from drifting or blowing on to adjacent premises.

8.

Dumpsters shall only be used for construction and/or household or commercial debris. Decomposable matter shall not be disposed of in these dumpsters.

503.12.

Dumpsters generally.

A.

The use of dumpsters on any property not covered by section 503.11 shall require administrative review by the building official for compliance with the following standards:

1.

The dumpster shall be screened on all sides by either shrubs or an opaque fence/gate.

2.

The dumpster shall be capable of being covered and secured.

3.

The dumpster shall not be placed in a manner that occupies required off-street parking or impedes traffic flow.

4.

The dumpster shall not be placed in the front yard and shall be set back twenty (20) feet from any residential property and ten (10) feet from all other properties.

5.

The dumpster shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.

B.

When the proposed use of a property receiving review by the planning board will require a dumpster, the dumpster shall be depicted on the plan(s) presented to the board. In addition to the requirements imposed by subsection A, the planning board may impose any additional requirements it deems necessary to mitigate the impact of the dumpster.

(Ord. of 7-23-01; Ord. of 7-28-03; Ord. of 8-23-04; Ord. of 11-28-05(2); Ord. of 11-13-06; Ord. of 4-8-13; Ord. of 6-12-17; Ord. of 10-15-19(1); Ord. of 10-15-19(2))

504.1.

Location of OWTS.

A.

No onsite wastewater treatment system (OWTS), disposal trench, disposal bed, or other facility designed to leach wastewater into the soil from any development which includes construction of a new dwelling or the complete replacement of an existing dwelling, shall be located in areas outlined below, except by the granting of a special use permit by the zoning board of review.

1.

Within one hundred fifty (150) feet of "fresh water wetlands" as defined in article 12 (as wetlands, freshwater) of this ordinance excluding from such definition that area of land within fifty (50) feet of the edge of any bog, marsh, swamp or pond. Also excluded from such definition are "river and stream flood plains and banks."

2.

Within one hundred fifty (150) feet of a "coastal wetland" as defined in article 12 of this ordinance (as wetlands, coastal) or within one hundred fifty (150) feet of the line of mean high water of any tidal water body as defined in the regulations adopted by the Coastal Resources Management Council of the State of Rhode Island and subsequent amendments thereto, except by the granting of a modification or special use permit.

B.

The zoning board of review shall review these projects in accordance with the criteria found in this ordinance to determine the potential cumulative and integrated impacts to wetlands through the use of OWTS, the clearing and grading of land, and/or the generation of stormwater runoff from impervious surfaces. It is specifically noted that residential construction associated with an application for a special use permit for an OWTS must meet the minimum dimensional setbacks of the zoning district in which the property is situated. The zoning board may not grant any dimensional relief for setbacks concurrent with the special use permit application.

C.

Not withstanding the foregoing, an existing OWTS, leach field or other facility designed to leach wastewater into the soil located within one hundred fifty (150) feet of a fresh water wetland or coastal wetland may be replaced and/or its associated leach field repaired upon approval by the building official/zoning officer, without the need for a special use permit, if the replacement, or repairs meet the performance standards for alternative technologies contained in section 504.4.

504.2.

Conditions for OWTS.

A.

An application involving any onsite wastewater treatment system (OWTS), requiring approval by the zoning board of review shall require an advisory opinion from the conservation commission prior to filing. The conservation commission shall prepare an advisory opinion based on the following information to be submitted by the applicant as part of any application:

1.

Proximity to the one hundred-year floodplain level;

2.

Location of coastal features and relationship to jurisdiction of the Coastal Resources Management Council Special Area Management Plans for the Narrow River and the Salt Pond Region;

3.

The location and delineation of, and distance from the nearest public water supply watershed or aquifer;

4.

Proximity to Class SA and/or Class A water body or area where the water quality is suitable for harvesting shellfish for direct consumption, where applicable;

5.

Soil types present on the site within the vicinity of proposed construction and land disturbance (referencing the Soil Survey of Rhode Island and based on collected field data) to include, but not [be] limited to: depth of soil to the seasonal high water table, with areas having a depth of eighteen (18) inches clearly shown, hydric soils, and hydrologic soil groups;

6.

The presence of a restrictive layer, ledge and/or dense basal till between the soil surface and groundwater;

7.

Detailed soil morphological characteristics to a depth of four (4) feet as analyzed by a licensed Class IV Soil Evaluator, for the purpose of determining seasonal high water table;

8.

Direction of groundwater flow;

9.

Direction and characteristics of stormwater flow based on an analysis of area topography, existing impervious surfaces, drainage infrastructure, soils and ground cover;

10.

Availability of public water system;

11.

The dimensions of the proposed structure, the square footage apportioned to living space for each floor and number of bedrooms. The number of bedrooms in the proposed structure shall not exceed the design capacity of the OWTS servicing the same;

12.

The acreage and percentage of impervious cover of the lot under current conditions and with proposed development;

13.

Drinking water wells within two hundred (200) feet of the proposed OWTS;

14.

Precise reference points to aid in locating the property and the proposed OWTS site. For example, street number of adjacent dwellings, utility pole number, curb drains, distance to the nearest street intersection, benchmark of coastal and geodetic survey marker;

15.

The surveyed edge of all coastal and freshwater wetlands within two hundred (200) feet of the leach field, where feasible, as flagged by a qualified professional who meets the minimum qualifications for professionals that delineate wetlands as set forth in the Freshwater Wetlands Program guidelines noted in Rule 12.01(C) of the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act;

16.

Documentation that the wetland edge has been verified pursuant to Rule 9.02(A)(2) of the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act;

17.

Approximate location and type of OWTS of properties within two hundred (200) feet of the subject site; and

18.

Use of LID (Low Impact Design) Techniques. The applicant shall demonstrate that the design of the OWTS, residence and other site alterations addresses the ten (10) objectives of LID Site Planning and Design Criteria as detailed in the "Rhode Island Stormwater Design and Installation Standards Manual" to the maximum extent practicable).

504.3.

OWTS design.

The separation distance between the bottom of any OWTS leaching field and the season high water table shall be as follows.

A.

Conventional OWTS design—no less than three (3) feet.

B.

Advanced Technology OWTS design—no less than the distance required by RIDEM.

C.

Critical Resource areas—no less than four (4) feet for OWTSs located within a critical resource area, as defined in Rule 38 of Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, RIDEM, January 1, 2008, as amended.

D.

Where RIDEM grants a variance to permit separation distances that are less than the above, a modification or Special use permit pursuant to article 9 of this ordinance shall also be required.

504.4.

Performance standards.

Applications for a special use permit under provisions of section 504 of the zoning ordinance shall meet the following minimum performance standards.

A.

Alternative technologies. Alternative technologies that provide advanced treatment shall be used in all new, replacement and OWTS alterations or repairs to leachfields, to achieve minimum treatment requirements as set forth in section B below where the OWTS is or will be located within the following areas.

1.

The CRMC Salt Pond Region Special Area Management Plan;

2.

The CRMC Narrow River Special Area Management Plan;

3.

Within a designated community Well Head Protection Area (WHPA) and/or the town's Groundwater Protection Overlay District (GPOD) per section 602;

4.

A site where the seasonal high ground water table is located less than or equal to forty eight (48) inches below the original grade;

5.

A site requiring a special use permit under the provisions of section 504.1 or 504.3 of the zoning ordinance; and

6.

Where the proposed or existing OWTS leach field is less than one hundred (100) feet from any well used as a potable water supply.

B.

Minimum requirements for advanced OWTS treatment. All new, replacement and OWTS alterations or repairs to leachfields for OWTSs located within those conditions set forth in section A above shall be approved by RIDEM and provide advanced treatment to achieve the following levels, as measured at the outlet of the treatment unit prior to discharge to a drain field:

1.

Minimum total nitrogen removal of fifty (50) percent and a reduction to less than or equal to 19 mg/l total nitrogen;

2.

TSS (Total Suspended Solids) and BOD ₅ (Biological Oxygen Demand-5 Day) shall be equal to or less than 30 mg/l each;

3.

Minimum fecal coliform removal to less than or equal to 1,000 fecal coliform MPN/100 ml.

C.

Additional treatment requirements. Where the distance between a drainfield and private potable water supply well is less than one hundred (100) feet alternative OWTS microbiological treatment of the effluent shall result in a final leach field effluent fecal coliform concentration of less than or equal to 200 MPN/100ml.

D.

Permitted OWTS technologies. Installation of alternative OWTS technologies permitted shall be those technologies approved by RIDEM pursuant to their procedures and regulations. Alternative OWTS technologies shall have documented the ability to achieve the minimum treatment requirements set forth in this ordinance.

E.

Seasonal high water table determinations. For the purpose of determining the seasonal high water table, detailed soil morphological data to a depth of four (4) feet shall be prepared and submitted by a Rhode Island licensed Class IV Soil Evaluator.

F.

Operation and maintenance. All installations of alternative OWTS technologies shall include a continuous Operation and Maintenance (O & M) agreement with the property owner that shall be duly recorded in land evidence records.

G.

Minimum requirements for storm water management. Development of an individual residential lot shall include storm water control measures to ensure that no net increase between pre and post development site conditions in volume or rate of storm water runoff for a twenty-four-hour, twenty-five-year frequency rainfall event occurs onto adjacent properties or roadways from the proposed individual residential lot development. Said plan shall include a certification by a registered professional engineer that the post development site conditions will meet or exceed the criteria noted herein.

H.

Use of subsurface drains. The installation of subsurface drains designed to intercept and lower the groundwater table for the installation of an OWTS is prohibited.

I.

Drainage design. A detailed stormwater management design shall be submitted to the town, for all projects proposing a new OWTS. Said plan shall include drainage calculations for a twenty-four-hour, twenty-five-year storm event prepared by a Rhode Island Registered Professional Engineer. Proposed grading shall maintain existing natural drainage patterns to the degree feasible.

J.

Storm water controls and OWTS location. Storm water runoff shall be diverted from any OWTS. Also, there shall be a minimum fifteen (15) foot horizontal separation distance between any OWTS drain field and the edge of any storm water infiltration system.

K.

Maximum impervious lot coverage. In the consideration of a special use permit under this section, the maximum impervious coverage allowable for the lot (all areas of the lot proposed to be covered including: driveways and parking areas, walkways, patios and rooftops of the principal and any accessory structures, where impenetrable) shall not exceed fifteen (15) percent of the buildable area of the lot.

L.

Minimize wetland and site disturbance. The applicant shall demonstrate that the proposed use will result in the least disturbance to the site as possible; that the OWTS and dwelling have been located as far as possible from the wetland edge; and that the size of the dwelling, its configuration, and extent of disturbance has been reduced by the maximum extent practicable.

M.

Site restoration. The wetland buffer shall be revegetated to restore buffer functions using native plants; permanent fencing will be used to demarcate the protected wetland buffer edge to avoid future encroachment. Soils compacted during construction shall be restored using compost amendments appropriate to the soil types present and plant materials utilized to restore site infiltration capabilities.

504.5.

Required information.

In addition to the submittal requirements under section 504.2 above, all projects proposing a new OWTS shall provide a development plan that shall be filed with the planning department to show the following information:

A.

Property boundary lines with area and dimensions of property to be developed;

B.

Vicinity plan showing adjacent or nearby properties, uses, OWTSs, wells, wetlands, streams or surface water reservoirs within a five hundred-foot radius, where feasible;

C.

Site plan showing the proposed location of the OWTS, residence, impervious cover, and all other improvements, including the total area to be disturbed with limits clearly shown along with calculation of the impervious area and percentage lot coverage under current and proposed conditions;

D.

Topographic map/grading plan of property showing existing and proposed two-foot contours within and proximal to areas of the property to be developed;

E.

Site specific soils map of property including at a minimum, delineation of soil features required in section 504.2;

F.

Stormwater management plan;

G.

Soil erosion and sediment control plan;

H.

Wetlands delineation map, as field verified by DEM;

I.

Plan for revegetation of the site, including buffer restoration using native plants and fencing to prevent future disturbance; and

J.

Any additional information related to the location of the floodplain, the profile of existing soils, the availability of water supply and any other site features or constraints that will be required by the conservation commission to prepare an advisory opinion pursuant to section 504.2.A.

504.6.

Post-construction certification.

For all approved applications under this section, the applicant shall, upon completion of construction, provide a certification from a registered professional engineer that all site infrastructure and improvements have been installed per the approved plans and is compliant with all conditions imposed on the special use permit by the zoning board of review.

504.7.

Reduction of yard requirements in CN and CD Districts.

In any CN or CD Zoning District, the zoning board of review may, by special use permit, allow the reduction of the side or rear yard requirements; except that no corner side yard shall be reduced to less than the depth of the required front yard of adjacent lots on the side street; nor shall any side or rear yard be reduced to less than ten (10) feet where such yard abuts a residential district.

504.8.

Extension of zoning district boundary lines.

Where a zoning district boundary line divides a lot, the zoning board of review may permit by special use permit, the application of the regulations for either portion of the lot to extend into the remaining portion of the lot, but not more than thirty (30) feet beyond the zoning district boundary line.

504.9.

Bed and breakfast uses.

The purpose of this section is to establish procedural requirements and standards relative to the regulation of bed and breakfast (B&B) uses within the town. It is recognized that B&B uses provide a valuable economic service to the town in support of the tourism industry and help to preserve larger historic homes in the community by providing an opportunity to the owner for income to support continued use of the structure and maintenance of the property. A bed and breakfast (B&B) may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A.

In addition to the restrictions on the number of guest rooms set forth in section 301, the number of guest rooms shall be further limited to the following formulae:

1.

There shall be at least five hundred (500) square feet of GLFA of the building per guest room, and

2.

The lot on which the B&B facility is sited shall be conforming to the gross parcel area requirements of the zoning district(s) on which it is situated.

B.

Parking shall be provided as required by article 7. Where accessory type events are proposed, the B&B operator shall, during the annual licensure review before the town council, demonstrate that sufficient parking, on-site and on surrounding streets where such parking is permitted, is available to support such uses in accord with the standards contained in article 7. For events and meetings such parking shall be available on the basis of one (1) space per three (3) persons of capacity of the room or area in which the event is held. For outdoor events the same ratio shall apply. Event capacity shall be determined by the fire marshal. The town council may also require the operator to provide police details to control traffic and parking during events held at the bed and breakfast facility.

C.

Each guest room shall neither accommodate nor be provided to more than two (2) individual guests, provided that children may accompany their parents in a room.

D.

Bed and breakfast uses shall be subject to the requirements of section 505.1, Development Plan Review.

E.

New bed and breakfast uses that propose to hold events, as an accessory component of their principal use, shall list such events in their special use application before the zoning board of review. Such listing shall identify and describe the type, estimated number/frequency and capacity/scale of such events. The applicant shall also document that proposed parking and septic disposal facilities are adequate for the scale of the event. Where outdoor events are proposed, a site plan depicting the area of the parcel to be utilized shall be provided.

F.

Bed and breakfast uses lawfully established as of April 23, 2007 shall be permitted to conduct events as an accessory use without securing a special use permit under this section. Such allowance is made contingent upon annual licensure by the town council of the B&B facility with permitted events. In applying for this license the operator shall provide a listing that fully describes anticipated events and demonstrates the adequacy of on-site event parking, septic disposal facilities and buffers to adjoining properties. Where outdoor events are proposed, a site plan depicting the location on the parcel where the event activities and supporting features will be conducted shall be provided.

504.10.

Pet/Animal Services. Veterinary, boarding, daycare and grooming services for animals may be allowed by special use permit in those zones specified in section 301 subject to the conditions of this section, such conditions being in addition to all state regulations establishing minimum standards for animal care facilities (250-RICR-40-05-4).

A.

Veterinary Hospitals. A veterinary hospital may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

1.

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

2.

The veterinary hospital may include one (1) accessory single-family residence, with no more than two (2) bedrooms containing no more than one thousand five hundred (1,500) square feet of living area for the caretaker/employee family of the hospital only. The accessory residence shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a veterinary hospital.

3.

The veterinary hospital use shall meet all the requirements of section 505.1, Development Plan Review.

4.

In reviewing a veterinary use the zoning board shall consider the mitigation of impacts related to noise, solid waste disposal, handling and disposal of animal waste, facility lighting and septic disposal.

B.

Boarding, Daycare and Grooming Services.

1.

Minimum Dimensional Requirements. All outdoor runs or exercise areas shall comply with all dimensional setback requirements applicable to the principal structure.

2.

Supplemental Application Materials. The applicant shall provide the following materials with its application for a special use permit:

(a)

Copies of its RIDEM licensing application and approval.

(b)

A site plan/floor plan showing:

(c)

An operations and maintenance plan describing all proposed activities, including, but not limited to: staffing numbers and hours, number of animals (by size/weight), types of services provided, retail sales, animal residence times, hours of operation, waste management protocols, health and safety protocols, emergency protocols.

3.

Parking, Drop-Off and Pick-Up Areas. In addition to any parking requirements associated with on-site residential uses, all facilities shall provide one (1) off-street parking space for each employee and three (3) short-term parking spaces for customer drop-off & pick-up of animals.

4.

Supervision. Staff supervision shall be present on-site at all times while animals are in residence. Facilities providing overnight boarding shall include overnight facilities for staff.

5.

Waste Storage and Removal. All indoor solid waste shall be collected and stored in covered receptacles in areas that are not readily accessible by animals. Outdoor waste storage containers shall be fully enclosed and shall remain closed at all times except when opened to accept waste; shall be stored at least twenty (20) feet from all property boundaries and shall be screened from view by an enclosure. All waste shall be removed from the site not less than two (2) times each week.

6.

Retail Sales. Facilities may engage in retail sales of pet products reasonably related to the services provided by the facility. Sales shall be limited to customers of the services provided by the facility. Retail sales of animal food shall be limited to food consumed on-site.

504.11.

Special needs school.

A special needs school may be allowed by special use permit or otherwise, as specified in section 301, subject to the following conditions:

A.

The lot or parcel on which the special needs school is to be located consists of at least one hundred fifty thousand (150,000) square feet.

B.

The special needs school shall be limited to a maximum of one hundred (100) students.

C.

The square footage associated with any accessory use shall be included as part of the twenty (20) percent maximum lot building coverage.

D.

The use shall meet all the requirements of section 505.1, Development Plan Review.

E.

Parking shall be provided as required by article 7.

504.12.

Boat storage and retail trade of marine products.

Use code 52.1, Boat Storage, and use code 55.5, Retail Trade of Marine Products, may be allowed by special use permit or otherwise, as specified in section 301, subject to the following conditions:

A.

The lot or parcel on which the use is to be located shall contain a minimum of forty thousand (40,000) square feet of land suitable for development.

B.

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

C.

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

D.

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

E.

The use shall meet all of the requirements of section 505.1, Development Plan Review.

F.

Parking shall be as required by article 7.

The amendment permits the storage of boats and the retail trade of marine products in a CN zone subject to the zoning board of review granting a special use permit.

504.13.

Wholesale trade of seafood products (including land based aquaculture support services).

Up to five thousand (5,000) square feet GLFA. Use code 51.3 may be permitted by special use permit, as specified in section 301, subject to the following conditions:

A.

Outdoor storage or stockpiling of fish or shellfish waste products is not permitted under this use code. This standard shall not apply to the temporary storage of shell stock intended for use as growth media for shellfish spat/seed or for shellfish bed restoration purposes.

B.

Outdoor processing and handling of fish and shellfish products, where permitted, shall be appropriately screened from any adjoining public/private street or residence.

C.

The use shall meet all the requirements of section 505.1, Development Plan Review.

504.14.

Household occupancy by more than three unrelated individuals.

A.

The purposes of this section, household occupancy by more than three (3) unrelated individuals, are as follows:

1.

To establish procedural requirements and standards relative to permitting household occupancy by more than three (3) unrelated individuals in residential buildings within the town.

2.

Provide a clear and effective means that will enable timely enforcement of standards, criteria, and conditions, and enable the abatement of nuisance conditions that may arise from such occupancy.

3.

Protect the quality of life in residential neighborhoods in the community through such regulations, enforcement, conditions and minimum standards.

4.

Ensure that the proposed occupancy is in accordance with the ordinance requirements and the fit of the proposed usage is appropriate for the context of its setting.

5.

Establish a public review and hearing procedure before the zoning board for the consideration of a special use permit to allow this type of household occupancy.

B.

Household occupancy by more than three (3) unrelated persons may be permitted by special use permit in all residential zones subject to the following criteria, minimum standards and conditions:

1.

All special use permits granted under this section shall expire after three (3) years. If a property owner desires to continue use of the property for household occupancy by more than three (3) unrelated individuals, re-application must be made to the zoning board of review for a renewal special use permit prior to the date of expiration.

2.

Development plan review and approval shall be required for all initial and renewal applications for special use permits pursuant to this section. Development plan review shall not be required for applications relative to properties that have previously been granted a special use permit under this section, unless the special use permit has expired prior to re-application or unless substantial changes are proposed, as determined by the administrative officer upon referral by the zoning enforcement officer. When required, development plan review is to be conducted by the planning board, and shall be a pre-requisite to formal consideration of the application by the zoning board of review. In addition to the standards set forth in the town's subdivision and land development regulations, development plan review applications shall include proposed exterior building elevations and interior floor plans.

3.

The property must be in conformance with the town's zoning ordinance and the Rhode Island State Building Code for the proposed occupancy.

4.

There shall be one (1) parking space for each potential occupant. The proposed parking area shall be delineated on the site. Impervious parking surfaces (paved, pavers, etc.) are preferred, however pervious surfaces may be permitted subject to the planning board's recommendation during the development plan review process. There shall be no parking on lawn or landscaped areas. The proposed parking areas shall be limited to occupants of the property and their guests. There shall be no rental, lease or grant of the use of parking spaces by non-occupants. The parking area(s) shall comply with the standards set forth in the town's subdivision and land development regulations relative to parking lot design and landscaping.

5.

There shall be at least three hundred thirty (330) square feet of GLFA (gross leasable floor area, see article 12 definition) of the building per proposed occupant. There shall be a minimum of seventy (70) square feet of bedroom area for bedrooms containing one (1) occupant. There shall be a minimum of one hundred (100) square feet of bedroom area for bedrooms containing two (2) occupants. There shall be no more than two (2) occupants per bedroom.

6.

The property's exterior appearance as a single-household residence shall be maintained. For any proposed occupancy of duplex and multi-household occupancy under this section exterior appearance of the premises shall be of a residential character.

7.

The owner shall file with the town's zoning officer, the name and contact information of the person or agency acting as the property manager. The property manager shall be a resident of the state. Such information shall be updated annually or as necessary if changes to property management are made. All complaints or notices of violations shall be forwarded directly to the identified property manager and the owner of the property.

8.

Prior to initial occupancy, the premises for which a special use permit is granted shall be subject to inspection for building and fire code compliance by the South Kingstown Building Official/Zoning Officer and requisite fire district (Kingston Fire District or Union Fire District, as applicable). Properties determined to be non-compliant regarding building or fire code requirements shall not be occupied under this section until such issues are resolved.

9.

In granting any special use permit pursuant to this section the zoning board of review may impose any and all conditions determined to be necessary to achieve the purposes and intents of this section and section 907A.2.(b).

10.

In addition to the standards set forth in section 907, when granting a renewal special use permit under this section, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(a)

That compliance with the requirements of this section has been maintained during the previous three-year period, or that prompt action was taken to correct any identified deficiencies;

(b)

That there is no record of police activity relative to the subject property for the previous three-year period, or that prompt action was taken to correct any issues that may have led to police action; and

(c)

That there were no complaints registered with the zoning enforcement officer by neighboring property owners, or that prompt action was taken to correct any issues that may have led to the complaint.

504.15.

Marijuana/cannabis-related uses.

I. Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A.

The application for a special use permit shall provide the legal name and address of the retail or cultivation facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island "Rules and Regulations Related to the Medical Marijuana Program Administered by the Department of Business Regulation," Regulation 230-RICR-800-05-1.

B.

The marijuana retail facility must not be located within:

1.

One thousand (1,000) feet from a pre-existing public or private school, or pre-school, or any licensed day-care center, not including higher education facilities; or

2.

Two thousand (2,000) feet from any other marijuana retail facility or marijuana cultivation facility.

C.

The distances specified in the immediately preceding section B. shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana retail facility or marijuana cultivation facility is to be located to the nearest property line of any of the other designated uses set forth therein.

D.

Hours of operation for a marijuana retail facility or marijuana cultivation facility shall be limited to 8:00 a.m. to 8:00 p.m.

E.

The proposed facilities 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.

F.

Development plan review and approval shall be required prior to application for the special use permit and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1.

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.

2.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood that take on the architectural vernacular of traditional coastal New England, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

3.

Lighting is provided to illuminate the marijuana retail facility or marijuana cultivation facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4.

Development plan review applications for all marijuana cultivation facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

G.

All marijuana retail facilities and marijuana cultivation facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

II. Cannabis-related facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A.

The application for a special use permit shall provide the legal name and address of the cannabis facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island Cannabis Control Commission and/or Department of Business Regulation.

B.

Pursuant to Section 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within:

1.

Five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades one (1) through twelve (12). This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis facility is to be located to the nearest property line of the parcel on which the school is located.

C.

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

D.

Development plan review and approval shall be required prior to application for the special use permit, and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1.

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.

2.

The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood that take on the architectural vernacular of traditional coastal New England, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

3.

Lighting is provided to illuminate the cannabis facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4.

In addition to any requirement of Rhode Island State Law, all facilities (retail, production and/or cultivation) shall submit a plan to control odor (i.e., carbon air filtration, air filters, biofiltration, high pressure fog, odor neutralizers, negative air space control, ozone generators). The applicant's odor control plan is subject to third party review as determined by the Planning Board. The costs associated with third party review shall be borne by the applicant.

5.

Development plan review applications for all cannabis facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

E.

Cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

F.

All cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

504.16.

Temporary storage containers.

A.

The long-term use of prefabricated relocatable steel buildings, box trailers or shipping or cargo containers (hereafter "storage containers") is discouraged, and the zoning board shall only approve a special use permit for a clearly demonstrated need. A storage container special use permit shall expire one (1) year from the date of issuance and may only be extended for not more than one (1) year at a time after reapplication and further approval by the zoning board.

B.

The zoning board shall impose the following conditions on the special use permit, unless the board determines that compliance with these conditions would be infeasible based on the dimensions and layout of the subject property:

1.

Containers may not be located on the front lawn of any property, defined as any area between the principal building and the street frontage;

2.

Containers shall not be located so as to reduce the amount of available off-street parking spaces to below the required minimum;

3.

Containers must be screened by a solid fence or hedge from public view from the road; and

4.

Containers shall comply with setbacks for accessory structures.

C.

Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.

504.17.

Major, minor and contaminated site solar energy systems.

Major, minor and contaminated site solar energy systems may be allowed by special use permit in those zones specified in section 301, subject to the zoning board of review finding that the procedures and performance standards outlined in section 510 have been met.

504.18.

Standards for Legitimate Theater and Restaurant With Alcohol (Use Codes 32.4, and 56.1). In reviewing an application for a special use permit for a legitimate theater or restaurant with alcohol, the Zoning Board or Planning Board (if under Unified Development) shall require that following criteria be met:

A.

The character of the neighborhood shall be predominantly non-residential. A plan prepared by a licensed land surveyor or civil engineer or a GIS map shall be submitted into the record to convey this information.

B.

At least ninety (90) percent of the seats in the restaurant shall be associated with tables or booths, and not more than ten (10) percent of the seats may be at a bar, whether or not food is also served at the bar. The area to be used for alcohol service shall be clearly delineated, as well as the seating area, serving areas, and exits. A full kitchen shall also be required. A detailed floor plan prepared by a licensed architect or civil engineer shall be submitted into the record to verify this information.

C.

Parking shall be adequate to meet all zoning requirements. An existing restaurant use without alcohol that is non-conforming by parking shall not be eligible. A detailed parking and circulation plan prepared by a licensed engineer shall be submitted into the record to verify this information.

D.

A lighting plan prepared by a licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

E.

A security plan including information relating to entrance procedure, police details and video and lighting locations shall be submitted with the application.

F.

Any substantial future changes to those items depicted on any of the aforementioned plans shall be submitted for consideration as a new special use permit.

504.19.

Standards for Accessory Entertainment to Restaurant or Bar (Use Code 56.3). As defined by Appendix A—Use Code Descriptions: Where the permitted use of a property is a restaurant, bar or tavern (with or without alcohol), any musical, theatrical, dance, cabaret or comedy act or similar performance by one (1) or more persons, which is provided for the pleasure of patrons.)

In reviewing an application for a special use permit for Accessory Entertainment to Restaurant Bar, the Zoning Board or Planning Board (if under Unified Development) shall require that following criteria be met:

A.

The nature of the entertainment requested shall be specified, including, but not limited to, the number of entertainers, the type of entertainment (musicians, DJs, dancers, etc.), amplified or acoustic, how many days per year, which days of the week, specific hours of entertainment, and whether indoor or outdoor or both.

B.

The nature of the entertainment shall be combatable with the character of the neighborhood. The Board shall consider the nature, duration, and especially the frequency of such accessory entertainment in determining the compatibility with the neighborhood. A plan prepared by a licensed land surveyor or civil engineer shall be submitted into the record to verify this information.

C.

Specific occupancy projections and limits shall be provided to the board, and violation of such limits shall be a violation of the Zoning Ordinance.

D.

The area for the entertainment shall be specifically delineated on a plan submitted to the board. If dancing is anticipated, the location of the dance floor and change in capacity from table service if any A detailed floor plan prepared by a licensed architect or civil engineer shall be submitted into the record to verify this information.

E.

Parking shall be adequate to meet all zoning requirements. An existing restaurant or bar use without accessory entertainment that is non-conforming by parking shall not be eligible. A detailed parking and circulation plan prepared by a licensed engineer shall be submitted into the record to verify this information.

F.

A lighting plan prepared by a licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application, including confirmation of the shut off of all amplification upon the triggering of a fire alarm.

G.

A security plan including information relating to entrance procedure, police details and video and lighting locations shall be submitted with the application.

H.

Any substantial future changes to those items depicted on any of the aforementioned plans shall be submitted for consideration as a new special use permit.

504.20.

Brewpubs. Recommended standards and objective criteria for special use permits for brewpubs:

(1)

Brewpubs are required to obtain a Brewpub Manufacturer's License in accordance with G.L. 1956, § 3-6-1.2, as amended. All conditions associated with the approval of any special use permit for brewpub use shall be incorporated into the requisite license issued by the Town of South Kingstown. Such conditions shall be reviewed for compliance as part of the annual licensing for any brewpub establishment;

(2)

Brewpubs shall be subject to the property owner obtaining and holding a Class A, B, or BM license, or other license deemed applicable as required by the Town of South Kingstown or the State of Rhode Island;

(3)

Brewpubs shall be subject to the limits applicable to the sale, distribution, and on-site/off-site consumption, as regulated by G.L. 1956, § 3-6-1.2, as amended;

(4)

All brewing operations shall occur on the property and/or premises in which the brewpub is located in accordance with applicable local and state licensing.

(5)

Production Capacity. Brewing capacity for any proposed brewpub may be limited by site conditions including, but not limited to, storage of material, onsite wastewater treatment capabilities, South Kingstown's Wastewater Treatment facilities ability to process effluent from the proposed facility and/or pumping and disposal. Any brewpub use shall submit an effluent management plan to the Town of South Kingstown, Department of Public Service for review and approval. Effluent discharge from the brewing operation of a brewpub shall be stored onsite and disposed of off-site by a septage hauler. No discharge from a brewpub brewing operation will be allowed into the municipal wastewater system due to the exceedingly high levels of Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS) associated with the production of malt beverages.

a.

The maximum capacity of the brewing equipment and/or systems at any brewpub shall not exceed seven barrels (7 BBLs).

b.

The Planning Board may limit the capacity of brewing equipment and/or the rate of beer production at a brewpub based on the following criteria:

i.

Requirements of the Subdivision and Land Development Regulations, Zoning Ordinance and Comprehensive Plan;

ii.

Requirements and/or conditions established by any other state or local government agencies;

iii.

Solid and liquid waste storage and off-site disposal plans;

iv.

The type and proximity of abutting property uses;

(6)

Waste Management Plan. All brewpubs shall submit a waste management plan for review and approval by the Department of Public Services. The waste management plan shall address the storage and disposal of all solid waste and wastewater (wastes) generated by brewpub operations. All waste management plans shall include or provide for:

a.

Plans showing adequate capacity to store all waste generated by brewing operations when conducted at the maximum rate of production.

b.

Written confirmation that the applicant has secured the means to legally transport and dispose of all wastes generated by the brewpub operations.

c.

Copies of any transportation or disposal permits/approvals required for the applicant and/or the applicant's contractors to haul or accept waste for disposal.

d.

Onsite disposal of brewpub waste is prohibited in the absence of required state and federal permits/approvals, which shall be submitted with the application materials.

(7)

Solid Waste. Onsite solid waste storage systems shall utilize fully enclosed, airtight storage containers designed, constructed, operated and maintained in accordance with best practices in the brewing industry to reduce/prevent the discharge of odors and the attraction of vectors. Solid waste may be accumulated onsite for no longer than forty-eight (48) hours before being removed for disposal.

(8)

Wastewater. Brewpub operations generate wastewater with very high levels of Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS); regulated pollutants that are damaging to Onsite Wastewater Treatment System (OWTS) and capable of exceeding the treatment capacity of municipal sewage treatment systems. Accordingly:

a.

All brewpubs shall maintain separate wastewater collection and disposal systems for standard sanitary wastewater (e.g. lavatory, kitchen, laundry) and process wastewater from brewpub operations.

b.

Disposal of wastewater from brewpub operations to the South Kingstown sewage treatment system is prohibited. This prohibition extends to both onsite discharge to the town's sanitary sewer system and the delivery of wastewater by tank-truck to the South Kingstown treatment facility.

c.

Disposal of wastewater from brewpub operations to an OWTS approved by the Rhode Island Department of Environmental Management (RIDEM) for disposal of sanitary wastewater is prohibited.

d.

Onsite disposal of wastewater from brewpub operations to an industrial or commercial onsite wastewater disposal system designed to handle wastewater generated by brewing operations is permitted provided that the discharge system has received all required state and federal pollutant discharge approvals.

e.

Onsite wastewater storage systems shall utilize one (1) or methods to reduce TSS in the wastewater stream prior to transporting the wastewater for disposal, such as settling, screens, filters, chemical flocculation or other system.

f.

Onsite wastewater storage systems shall be designed, constructed, operated and maintained in accordance with best practices in the brewing industry to reduce/prevent fermentation in the storage tanks, prevent discharge of odors and minimize the attraction of vectors. Wastewater may be accumulated onsite for no longer than forty-eight (48) hours before being removed for disposal.

(9)

All brewpubs shall be subject to the parking requirements outlined within Article 7, Standards for Parking Lots and Loading Facilities, and all other standards and requirements associated with Use Code 56.1, Restaurant with Alcohol, shall be adhered to;

(10)

Brewpub operators shall employ best management practices in the collection, storage, repurposing, and/or disposal of waste byproducts generated from brewing operations, as suggested by RIDEM. All waste byproducts shall be stored in suitable leak-proof containers specifically designed for waste storage in a secure and fully screened location that is not visible or accessible to the general public, and shall be physically removed from the property within twenty-four-hours of being generated;

(11)

Brewpub operations shall not emit any noxious odors other than those ordinarily associated with and/or generated by a typical restaurant. If compliance with this standard is not met, the Town of South Kingstown may require that mitigation measures be employed as part of the annual licensing review process. Failure to correct said noncompliance may be cause for revocation or denial of requisite licensing.

Failure to clearly demonstrate compliance with the above-referenced standards and objective criteria may result in the denial the special use permit. Failure of brewpub uses permitted under this section in maintaining compliance with these standards shall constitute a zoning violation and be subject to enforcement action and/or recommendations to revoke requisite license(s). Consequently, the recommendation to modify the Town's existing Zoning Ordinance to allow restaurants to add a brewing component should have limited impact to an existing restaurant's operation and any characteristics of said operation that may be of concern could be mitigated through standards required to be met in the granting of a special use permit. Further, noncompliance with these standards could be reviewed and/or enforced during the establishment's annual business license renewals conducted by the Town Council.

(Ord. of 5-13-02, § 4; Ord. of 5-13-02, § 4; Ord. of 7-22-02, § 3; Ord. of 8-12-03; Ord. of 10-23-06; Ord. of 4-23-07(2); Ord. of 5-26-09; Ord. of 4-11-11; Ord. of 3-13-17; Ord. of 5- 8-17; Ord. of 8-14-18; Ord. of 10-15-19(1); Ord. of 10-15-19(2); Ord. of 03-13-23(2); Ord. of 12-11-23(2); Ord. of 1-13-25(2))

505.1.

Development plan review.

The purpose of this section is to preserve the town's natural environment, enhance its built environment, improve its visual character, and sustain a high quality of life through review of plans for new development and redevelopment of existing uses. High standards of design; landscaping (including landscaped parking lots); improved community appearance; preservation and protection of environmental quality; buffering and screening of conflicting land uses from other land uses and from public streets; environmental quality; and traffic safety are goals to be achieved through development plan review.

A.

Development plan standards. The design and landscaping standards required in this section are contained in the subdivision and land development regulations and are hereby incorporated into this zoning ordinance by reference.

B.

Uses and facilities requiring development plan review.

1.

New uses. Any new use, activity or facility indicated below, other than those listed in subsection C., Exempt Activities, shall be subject to development plan review by the planning board or technical review committee as further provided in this section.

(a)

Any use that requires or has five (5) or more parking spaces or which requires a parking and/or loading area which exceeds two thousand five hundred (2,500) square feet of paved area;

(b)

Any use for which transition yards as defined in article 12 are required;

(c)

Any use, activity or facility specifically required to undergo development plan review by other provisions of this ordinance or the subdivision and land development regulations;

(d)

Any use having a drive-up or drive-through window(s);

(e)

Any use for which landscaping is required by subsection 505.7.

2.

Redevelopment of existing uses. Existing uses specified in subsection B.1., above, shall be subject to development plan review under the provisions of this section whenever such use is being changed, redeveloped, reconstructed, relocated, or enlarged as follows:

(a)

To enlarge an off-street parking or loading facility; or

(b)

To enlarge a principal building(s) in such a way as to increase the area of the lot which is covered by buildings by more than five hundred (500) square feet or twenty-five (25) percent, whichever is less; or

(c)

To change the existing use within a building or upon a lot from one (1) use code category to another use code category. This provision shall not apply to changes of use code category when the change of use occurs within a shopping center.

C.

Exempt activities. Except where otherwise provided in this ordinance, development plan review shall not be required for the following activities:

1.

Federal, state or municipal uses or facilities;

2.

Landscaping, except as required for new or redeveloped uses and facilities under the provisions of the subdivision and land development regulations;

3.

Any activity associated with a change of use of any land or any structure if such a change:

(a)

Does not involve physical alteration of the land; or

(b)

Involves interior modifications to a building only; or

(c)

Involves exterior modifications to a building which results in an increase in the area of the lot which is covered by buildings of less than five hundred (500) square feet or twenty-five (25) percent, whichever is less;

4.

Paving of any driveway, off-street parking and loading facility, walk-way, tennis court, or other use or facility otherwise permitted by this ordinance;

5.

Single or two-household detached residential structures, except in the Kingstown Road Special Management District as provided in section 604;

6.

Farms;

7.

Subdivisions.

D.

Procedure for approval.

1.

Any development or redevelopment requiring development plan review under this section must be either approved, approved with conditions, or denied by the technical review committee (TRC). The TRC, in its discretion and by vote of the majority of its members, may refer an application for development plan review to the full planning board as provided in the subdivision and land development regulations. The administrative officer, as designated by the subdivision and land development regulations, shall provide the necessary forms and shall review the plans for completeness. Before submitting a site plan, an applicant shall meet with a staff member of the planning department to discuss the proposed project, and to establish what documents and information the applicant must submit. The full application requirements are set forth in the development plan review checklist in the subdivision and land development regulations. The required contents of the development plan, however will depend on the scope and complexity of the proposed project, as determined by the administrative officer, which may be less than, but shall not exceed the requirements of the development plan review checklist.

2.

No building permit shall be issued for any project requiring development plan approval until the TRC or planning board has approved said plan. Approved plans shall be forwarded by the administrative officer to the building official with a written certification of compliance.

3.

Any party aggrieved by a decision of the TRC or planning board or by the administrative officer shall have the right to appeal that decision to the planning board of appeal in accordance with the procedure set forth in article XII of the subdivision and land development regulations.

4.

Any development or redevelopment requiring development plan review under this section that requires a waiver from any of the requirements for development plan review as set forth in this ordinance or in the subdivision and land development regulations shall be forwarded by the administrative officer to the full planning board for review. Requests for waivers shall be treated as a major subdivision in the subdivision and land development regulations and shall be subject to one (1) public hearing, with notice to abutters as required in the subdivision and land development regulations.

5.

Any uses or facilities listed in subsection 505.1.B. requiring a special use permit, a variance, a zoning ordinance amendment and/or a zoning map change under the zoning ordinance shall be subject to development plan review conducted by the TRC or planning board prior to the hearing of the permitting authority, provided that such review shall be advisory to the permitting authority. If the permitting authority is required by this ordinance or by any other applicable provision of law to conduct a public hearing on said application within a prescribed period of time, the permitting authority shall not close the public hearing and shall not act upon the application until such time as a recommendation has been received from the TRC or planning board.

6.

Fees for the review and approval of development plans submitted under the provisions of this section shall be as established by the town council from time to time.

E.

Special conditions. In granting approval of any use or facility requiring development plan review, the planning board or the technical review committee may apply such special conditions that may, in the opinion of the board or committee, be required to promote the intent and purposes of the comprehensive plan and this ordinance. Such special conditions may include, but are not limited to, the provisions listed in section 907.B.1. through 907.B.9.

505.2.

Automotive or gasoline service stations.

Automotive or gasoline service stations shall be designed to conform with the following requirements, in addition to other applicable provisions of this ordinance:

A.

The minimum lot area shall be twenty thousand (20,000) square feet with a minimum lot frontage of not less than one hundred fifty (150) feet.

B.

The width of driveway opening (curb cuts) shall be no more than thirty-five (35) feet with no more than two (2) openings per street frontage. No driveway opening shall be closer than:

1.

Sixty (60) feet to any corner street line intersection;

2.

Ten (10) feet from any side lot line;

3.

Fifty (50) feet from another driveway opening serving the same lot;

4.

Twenty (20) feet from another driveway opening serving an adjacent lot.

C.

Whether or not the service station abuts a residential zoning district, there shall be a buffer along all property lines conforming to the provisions for transition yards within commercial zoning districts as provided in the subdivision and land development regulations.

D.

Storage of parts, supplies or equipment, or the parking of vehicles kept overnight or longer, shall be screened by means of a ten-foot wide full landscape screen as provided in the subdivision and land development regulations.

E.

Service bay doors shall not face toward any adjacent public streets.

F.

Pump islands may be located in the area between the street and the principal building.

505.3.

Regulation of utilities.

All above ground public and semi-public utilities shall conform to the provisions of this ordinance. Applicable utilities include telephone and electric substations, water and/or sewer pumping stations, sewage treatment plants, incinerators, transmitting towers and the like. Such utilities shall be enclosed or screened where applicable. Large utilities such as landfills shall provide a landscaped fifty-foot wide full landscape screen or wooded buffer strip along all lot lines, and shall meet the performance standards prescribed in the subdivision and land development regulations.

505.4.

Hazardous waste management facility site setbacks.

Hazardous waste management facility, for purposes of this ordinance, is a facility for hazardous waste generated within the town, and as further defined by G.L. § 23-19-5.

The active portion of a hazardous waste management facility, as defined by G.L. 1956, Tit. 23, Ch. 19.7, shall be subject to the following dimensional requirements as measured from the actual construction of use sites:

A.

No such active portion of a facility shall be located within five hundred (500) feet of a school, hospital, nursing home or center of population where the concentration of population exceeds one (1) person per one hundred (100) square feet of building area.

B.

No such active portion of a facility shall be located within five hundred (500) feet of a public recreation facility or wildlife conservation area.

C.

No such active portion of a facility shall be located within five hundred (500) feet of environmentally sensitive areas. These areas include, but are not limited to, steep slopes having gradient of five (5) percent or more, areas identified as freshwater wetlands, as defined herein excluding therefrom such setbacks from the edges of the wetland as are contained in said chapter, areas in a special flood hazard district which are within the one hundred-year flood zone or plain as established by the South Kingstown Flood Insurance Rate Map, and any groundwater aquifer or recharge area as established by competent hydrologic evidence and analysis.

505.5.

Limitation on hazardous wastes accepted by a hazardous waste management facility.

No hazardous waste management facility, as defined by G.L. 1956, § 23-19.7-3, shall accept for any purpose any wastes generated outside of the town.

505.6.

Ministerial Road Scenic Highway.

A.

Any parcel or lot, whether or not developed, having direct lot frontage or vehicular access on the Ministerial Road Scenic Highway shall conform to the following standards, compliance with which shall be confirmed prior to issuance of a building permit:

1.

Where that portion of the lot adjacent to Ministerial Road Scenic Highway is already wooded or contains significant stands of natural vegetation or specimen plant materials, including, but not limited to, mountain laurel and rhododendron, a minimum fifty-foot wide wooded buffer shall be maintained. The buffer shall be measured from the state highway right-of-way line and shall extend fifty feet into the front yard of any adjacent parcel of land parallel to the right-of-way line.

2.

Except for the following activities, removal of existing vegetation within the fifty-foot wide buffer required by subsection A., above, shall not be permitted:

(a)

Cutting or removal of any trees or shrubs required for disease control as certified by a licensed arborist;

(b)

Removal of dead or dying trees or shrubs;

(c)

Removal of invasive plant species;

(d)

Maintenance of a permitted use of the highway buffer, such as a driveway or path; or

(e)

Selectively removing lower limbs from trees to raise the canopy.

3.

Where removal of dead or dying trees or shrubs is performed, or where removal of trees and shrubs is required for disease control, pursuant to subsection 2., above, removed vegetation shall be replaced in-kind pursuant to the standards contained in subsections 5 or 6, below, as applicable.

4.

Where a new principal or accessory structure is proposed, existing vegetation along the street is minimal or absent, and such new construction will be visible from the highway due to lack of vegetation, topography or other site characteristics, planting of a natural vegetative landscaped buffer, containing plants that are consistent with the existing Ministerial Road native plant species and that will provide a year-round screen, shall be required. In such cases, the building permit application shall be accompanied by a landscape plan, prepared and stamped by a Rhode Island registered landscape architect.

5.

All in-kind replacement required by subsection A.3. above, and required plantings along Ministerial Road required by subsection A.4. above, shall be of specimen quality and shall be native plant material hardy to the plant hardiness zone for the town as defined by the USDA Plant Hardiness Zone Map and the American Standards for Nursery Stock. Plant material shall be installed in accordance with the applicable requirements of the subdivision and land development regulations. Plants shall be installed at the following sizes, at a minimum, as follows:

(a)

Canopy trees shall be one and one-half (1½) to two (2) inch caliper;

(b)

Evergreen trees shall be six (6) to eight (8) feet in height; and

(c)

Shrubs shall be four (4) feet in height.

6.

Should removal of plant material within the fifty-foot wide buffer required by subsection A.1. above be due to negligence of the owner or occur without prior approval from the town, the owner shall install in-kind specimen quality plants as defined in subsection A.5. above, excepting that replacement plants shall be installed at equal size to the removed plant or shall be sized as follows, whichever is smaller:

(a)

Canopy trees shall be two and one-half (2½) to three (3) inch caliper (approximately ten (10) feet in height);

(b)

Evergreen trees shall be eight (8) to ten (10) feet in height; and

(c)

Shrubs shall be eight (8) feet in height.

7.

Any proposed garages visible from Ministerial Road due to lack of vegetation, topography, or other site characteristics shall have doors facing away from the scenic highway.

8.

Other than garages, proposed accessory structures shall be located to the rear of the principal structure or otherwise out of view from Ministerial Road.

9.

Commercial vehicles and boats, major recreational equipment, household appliances, junk, machinery or scrap materials, as permitted by this ordinance, shall be located in the rear yard so as not to be visible from the street, or shall be fully enclosed and screened by means of a full landscape screen as defined in the subdivision and land development regulations. Landscape materials, firewood, outdoor furniture or play equipment or similar materials normally associated with a residential use shall be allowed. In such cases, the landscape screen shall be reviewed for compliance with the regulations and approved by the administrative officer prior to initiating on-site storage of the items and materials listed above.

B.

Should the building official be unable to determine compliance with the standards referenced in subsection A. above, the building permit application shall be referred to the technical review committee (TRC) for an advisory opinion. The TRC shall review the application and advise the Building Official as to the application's compliance with the standards. Should the TRC find an application not in compliance, the TRC shall advise the applicant as to how compliance with the standards can be achieved, or whether a waiver from the planning board as described in subsection F. below, must be obtained.

C.

Development plan review shall be required where alteration of the fifty-foot wide buffer required by this section is proposed in order to construct, alter or relocate a driveway from the highway across the wooded buffer. In such cases, a single driveway not to exceed twenty (20) feet in width for residential uses, and twenty-six (26) feet in width for other permitted uses, may be constructed from the highway across the wooded buffer. Straight driveways shall be avoided and, where possible, a curved driveway shall be located so as to obstruct direct views from the road to site structures.

D.

Upon approval by the planning board, through application for development plan review with a request for a waiver pursuant to the town's subdivision and land development regulations, modification of or full relief from the standards contained within this section may be permitted. Applications for development plan review under the provisions of this section shall first be referred to the town conservation commission/tree board for an advisory opinion prior to any approval by the planning board.

505.7.

Landscaping requirements.

A.

Purpose. The purpose of this subsection of the ordinance is to implement the overall goal of the comprehensive community plan to create, maintain and improve a high quality of life for all the citizens of the town. The ordinance is intended to enhance the town's environmental and visual character and in so doing to improve economic opportunity. The primary goal of this subsection is to provide landscaping in new development and in the redevelopment of existing uses in order to improve community appearance, to reduce air and noise pollution and to promote a high standard of design. Parking lot landscaping is also required for screening, shade, defining circulation and to break up large expanses of pavement. This subsection also provides for buffering and screening of conflicting land uses from other land uses and from public streets.

B.

Uses and facilities requiring landscaping. All uses and facilities indicated below shall be required to provide landscaping, buffering and screening as provided in the subdivision and land development regulations. All such uses are required to submit a landscaping plan for review and approval in accordance with the procedure provided in subsection 505.1., Development Plan Review.

1.

Any new use, activity or facility subject to development plan review as provided in subsection 505.1.B.1.;

2.

Redevelopment of existing uses subject to development plan review as provided in subsection 505.1.B.2.;

3.

Any use in the Mixed Use (MU) Zoning District within the Kingstown Road Special Management District except as provided in subsection C., entitled Exempt Projects, below;

4.

Transition yards as defined in article 12 in accordance with the requirements set forth in the subdivision and land development regulations;

5.

Single-household and two-household residential uses having lot frontage along Kingstown Road, Saugatucket Road or Curtis Corner Road within the Kingstown Road Special Management District;

6.

Landscaped street yards for any use having direct lot frontage on Kingstown Road Saugatucket Road or Curtis Corner Road within the Kingstown Road Special Management District. See the subdivision and land development regulations. This requirement shall not apply to Use Code 45 - Automotive or Gasoline Service Stations.

C.

Exempt projects. Single-household and two-household detached structures shall not be required to provide landscaping except as follows:

1.

Single-household and two-household detached structures located in the Kingstown Road Special Management District and having lot frontage on Kingstown Road, Saugatucket Road or Curtis Corner Road; and

2.

Single-household and two-household detached structures having direct lot frontage or vehicular access on Ministerial Road Scenic Highway.

D.

Nonconforming uses. Whenever an applicant applies to the zoning board of review for addition, enlargement, expansion or intensification of a nonconforming use or structure as provided in section 203 of this ordinance, the landscaping requirements of this section shall be applied by the zoning board to the maximum extent feasible in order to achieve the goals and purpose of this section. See section 204.K., Landscaping.

E.

Development plan standards. The design and landscaping standards required in this section are contained in the subdivision and land development regulations and are hereby incorporated into this zoning ordinance by reference.

(Ord. of 6-25-01; Ord. of 9-10-18; Ord. of 12-11-23(2))

The purposes of the regulations contained in this section are to control the location and intensity of extractive industries such as earth removal, gravel removal, loam stripping, sand removal and the mining of minerals and ores, including provisions for maintenance, clean-up and restoration of such extractive sites to a safe and attractive condition during and after cessation of such uses.

506.1.

Definitions.

Earth removal. Extraction or removal of any soil or topsoil from any tract of land or water body. Earth removal shall also be included to mean uses customarily accessory to and necessary for earth removal operations, including rock crushing, washing, sorting, storing and other treatment of soil excavated on the site, but specifically excluding any processing of soil transported from off-site areas, and the manufacturing of soil-related products such as premixed concrete, bricks, block and the like.

Excluded from this definition is earth removal involving the process of grading land:

A.

For the construction of a building for which a building permit has been issued;

B.

For the construction of a roadway;

C.

For a subdivision in accordance with a plat plan or plans approved by the planning board;

D.

For normal regrading or landscaping operations where no soil is removed from the lot;

E.

For earth removal excavations for noncommercial purposes, less than one-half (½) acre upon a single lot.

Earth removal site. The lot or any portion thereof upon which any earth removal is conducted.

Soil. Any earth, sand, clay, loam, gravel, humus, rock, mineral or other earth product irrespective of the presence therein of organic matter.

Topsoil. Soil that is found on the top layer of earth, in its natural state, and is composed of two (2) percent or more, by weight, of organic mater and has the ability to support vegetation.

506.2.

Application procedure.

Application for a special use permit for enlargement of a nonconforming use of extractive industry, shall be made to the zoning board of review. All such applications shall be referred to the director of planning for review and recommendations, and said director of planning shall submit a written report on the application to the zoning board before the hearing schedule thereon. Application for any earth removal, rock quarrying, or extractive materials processing, distribution, and storage, if permitted by article 3, shall be made to the planning board as a land development project, pursuant to the subdivision and land development regulations except where set forth to the contrary herein.

506.3.

Contents of application.

The application required by subsection 506.2. shall be filed with the clerk of the appropriate board on a form prescribed by the director of planning and shall be accompanied by the following:

A.

An accurate plan, showing the area of land upon which earth removal is to take place, any roads or driveways to be used by vehicles in conjunction with the use, and referencing the assessor's map and lot numbers for the land upon which said earth removal is to take place.

B.

The plan shall show the names of abutting owners and the location of all residential buildings within five hundred (500) feet of the proposed site.

C.

If the application is made for continuation or enlargement of existing earth removal activity, said plan as required in subsection A. of this section shall show areas and limits of existing earth removal activity, and areas of proposed future earth removal, and calculate the area of horizontal activity in square feet, both prior to and following the proposed special use permit.

506.4.

Earth removal, soil erosion, and sediment control plan.

Applications shall require submission of an earth removal, soil erosion, and sediment control plan. The plan shall include the following:

A.

The plan shall describe the location, nature, character and time schedule of the proposed earth removal operation in sufficient detail to allow the building official or his/her designee to determine the potential for soil erosion and sedimentation resulting from the proposed activity.

B.

A narrative shall be included describing the proposed land disturbing activity and the soil erosion and sediment control measures to be installed to control erosion that could result from the proposed activity.

C.

The plan shall include: existing and proposed contours; drainage features; existing vegetation; location of on-site or nearby wetlands or coastal features; proposed limits of clearing, grading and excavation; proposed stock piles and borrow areas; sequence and staging of earth removal activities; and, proposed location of soil erosion and sediment control measures.

D.

The plan shall include a restoration element that details the intended post earth removal measures proposed to adequately stabilize the site following completion of all earth removal activities. The restoration element shall include: proposed final contours; proposed final site grading; temporary vegetation and/or mulching to be used to protect bare areas; proposed resodding, reseeding or other proposed restoration measures.

506.5.

Regulations for earth removal operations. All earth removal operations shall be subject to the following:

A.

Setback. No earth removal shall be conducted within a distance of fifty (50) feet from any lot line.

B.

Dust control. Damper applications shall be made at intervals and in amounts sufficient to prevent observable dust from rising from the road surface in any lot upon which the earth removal is being conducted.

C.

Drainage. Adequate drainage shall be provided upon any earth removal site in order to prevent the permanent collection and stagnation of surface water, and the flooding or erosion of surrounding property.

D.

Ground cover. Upon cessation of earth removal operations on any portion of an earth removal site, the portion of such site shall be prepared and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. If suitable fertile ground cover existed at the beginning of operations, then enough shall be held in reserve to be reapplied at the cessation of operation to a minimum thickness of six (6) inches.

E.

Contours. Upon cessation of earth removal operations on any portion of an earth removal site, all slopes and grades on such portion shall be smoothed and rounded to avoid any steep or abrupt slopes and no grade shall be left at an angle greater than a natural angle of repose.

506.6.

Existing earth removal; application of regulations.

The regulations set forth in this section shall apply to legally existing earth removal operations which were actively being conducted upon March 29, 1976.

507.1.

Purpose.

The purpose of this section is to provide performance standards in the control of commercial and industrial uses in the town. These standards are designed to prevent health and safety hazards, public nuisances, and harmful effects upon the natural environment. They are also designed to permit potential industrial nuisances to be measured factually and objectively, and to ensure that all commercial and industrial uses will provide methods to protect the town from hazards which can be prevented by processes of control and elimination.

If any standards are established by local or state building or fire codes, by local waste water or solid waste ordinances, by the state, department of health or by any federal agency, which conflict with the standards specified in this article, the more stringent or restrictive standards shall apply.

507.2.

Application of standards.

The provisions of this section shall apply to any commercial or industrial use or source of sound, which has been in existence since 1976 or which shall be expanded or intensified, and any new commercial or industrial use and source of sound proposed to be located anywhere within the town, and shall also apply to any new use proposed to be established in any commercial or industrial zoning district.

If any existing use, process, building or other structure is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is modified in any way, the performance standards for the district involved shall apply with respect to such building or other structure or other portion thereof, and with respect to land use which is modified.

Performance standards for any use or process operating in any district, shall be measured proximate to the lot line of the receiving land use or at any point within the receiving land use.

507.3.

Administration of performance standards.

The administration of the performance standards herein set forth is charged to the zoning enforcement officer. The zoning enforcement officer may hire and designate qualified consultants to assist in the administration of these performance standards. Any proposed use or process, alteration or change to an existing use or process, or determination of compliance for an existing use or process, either as a permitted use or a nonconforming use, shall be reviewed by the zoning enforcement officer, who shall determine compliance or noncompliance herewith.

Subsequent to a study of the use, the zoning enforcement officer may determine that there are reasonable grounds to believe that the use may violate the performance standards set herein and may initiate an investigation.

507.4.

Required data.

Following the initiation of an investigation, the zoning enforcement officer may require the owner or operator of any proposed use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:

A.

Plan of the existing proposed construction and development.

B.

A description of the existing or proposed machinery, processes and products.

C.

Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the items referred to in this section.

D.

Measurements of the amount or rate of emission of the items referred to in this section.

E.

Certification by a registered professional engineer, experienced in sound measurements as approved by the ZEO, that the proposed use or construction would comply with the requirements and standards for the regulation of commercial and industrial processes as set forth in this section.

Failure to submit data required by the zoning enforcement officer shall constitute grounds for denying a permit for any use of land.

507.5.

Report by expert consultants.

In the investigation of the compliance with the standards set forth in this article by any existing or proposed use, the zoning enforcement officer may require the owner or operator of the existing use or the applicant for the proposed use to provide a study and report by an expert consultant as to the compliance or noncompliance with said standards of the existing or proposed use, and advise as to how such existing or proposed use, if not in compliance, can be brought into compliance with said standards.

507.6.

Zoning enforcement officer action.

Within thirty (30) days following the receipt of the required evidence, or receipt of the reports of expert consultants, the zoning enforcement officer shall make a determination as to compliance, he shall authorize the issuance of any permits which may have been withheld pending said determination. The issuance of a permit for a proposed use shall not constitute compliance with the performance standards if, after construction and operation, there is evidence of noncompliance with such standards.

507.7.

Required alterations.

The zoning enforcement officer may require modifications or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the zoning enforcement officer for the purpose of securing compliance with the performance standards.

507.8.

Zoning board to hear appeal.

The zoning enforcement officer's action with respect to the performance standards procedure, may be appealed to the zoning board of review within thirty (30) days following said action. In the absence of such appeal, the zoning enforcement officer's determination shall be final.

507.9.

Continued enforcement.

The zoning enforcement officer shall investigate any purported violation of performance standards and, for such investigation, may request that the zoning board employ qualified experts. If he or she finds that a violation occurred or exists, a copy of said findings shall be forwarded to the town solicitor. The services of any qualified experts, employed by the zoning enforcement officer to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise by the town.

507.10.

Cancellation of permits.

If, after the conclusion of time granted for compliance with the performance standards, the zoning enforcement officer finds the violation is still in existence, any permits previously issued shall be void, and the operator shall be required to cease operation until the violation is remedied.

507.11.

Reference works.

All reference works or standards listed in this article, shall be kept on file in the office of the zoning enforcement officer.

507.12.

Exemptions.

The following uses and activities shall be exempt from the noise and vibration level regulations of this section:

A.

Noises and vibrations not under the control of the property user.

B.

The noises of safety signals, warning devices and emergency pressure relief valves.

C.

Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

D.

All sounds coming from the normal operations of interstate motor and rail carriers, to the extent that local regulation of sound levels of such vehicles has been preempted by the Noise Control Act of 1972 (42 U.S.C. Section 4901 et seq.) or other applicable federal laws or regulations are exempt from this section.

E.

The emission of sound in the operation of snow removal equipment at any time, provided such equipment is maintained in good repair.

F.

Sounds associated with the improvement, restoration or maintenance of roads including snow removal, roadway and sidewalk construction, mowing and tree pruning.

G.

Sounds resulting from emergency work as defined in subsection 507.27.

507.13.

Noise.

No use, process, operation or activity shall cause or create noise in excess of the sound levels prescribed below.

507.14.

Method of measurement.

Sound level measurements shall be made within the receiving property proximate to the property line of the receiving land use, at a point as close to the noise source as feasible. The measurement of the noise must be made with a sound level meter meeting the prescribed ANSI S1.4-1983 standard or latest version thereof.

507.15.

Permissible sound levels.

A.

Maximum impulsive sound levels:

1.

No person shall cause or allow the emission of impulse noise in excess of 80 dB peak C-weighted sound pressure level during the nighttime (9:00 p.m. to 7:00 a.m.) to any receiving residential land use.

2.

No person shall cause or allow the emission of impulse noise in excess of 100 dB peak C-weighted sound pressure level during the daytime (7:00 a.m. to 9:00 p.m.) to any receiving residential land use.

B.

Receiving land use standards. No person shall create, operate or cause to be operated on private property any source of sound which exceeds the limits set forth in Table I for the receiving land use category when measured at or within the property boundary of the receiving land use.

Table I. Maximum Sound Levels for Receiving Land Use {dB(A)}

Levels emitted in excess of the values listed in Table I shall be considered excessive, unnecessary and in violation of this section.

507.16.

Vibration.

A.

Ground transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency, particle velocity, or acceleration simultaneously in three (3) mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. Particle velocity may be measured directly or computed from the formula particle velocity (inches per second) = 6.28 times displacement (inches) times frequency (Hertz).

B.

Vibration shall be measured at any adjacent lot line and/or within the receiving property proximate to the property line of the receiving land use, at a point as close to the noise source as feasible as indicated, and the vibration shall not exceed the limits shown at the specified points of measurement.

C.

The maximum permissible particle velocity of the ground vibration shall be as follows:

Particle Velocity

D.

For purposes of this ordinance, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute. Discrete impulses which do not exceed sixty (60) per minute, shall be considered impact vibrations.

E.

No vibration is permitted which is discernible to the human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of thirty (30) seconds or more duration in any one (1) hour between the hours of 7:00 p.m. and 7:00 a.m.

507.17.

Smoke.

No emission at any point, from any chimney or otherwise, of visible grey smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the US Bureau of Mines in August, 1955, as Information Circular 7718 (Revision of I.C. 6888), except that visible grey smoke of a shade not darker than No. 2 on said chart, may be emitted for not more than four (4) minutes in any thirty (30) minutes. These provisions applicable to visible grey smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.

In no case shall visible smoke emissions exceed the standards of the Division of Air Pollution Control, of the Rhode Island Department of Environmental Management.

507.18.

Particulate matter.

Emissions of particulate matter shall meet the minimum standards of the Division of Air Pollution Control, Rhode Island Department of Environmental Management. No emission shall be permitted which can cause any damage to health, to animals or vegetation, to property, or which can cause excessive soiling at any point.

507.19.

Gas.

No uses shall emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing discomfort of injury to humans or harmful to vegetation or in no case, in excess of the maximum allowable concentrations permitted of those toxic materials currently listed in Threshold Limited Values adopted by the American Conference of Governmental Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the Department of Health and the Department of Environmental Management of the State of Rhode Island, that the proposed levels will be safe to the general population. The release of airborne toxic matter shall not exceed thirty-hundredths ( 30/100 ) of the threshold limit value across lot lines.

507.20.

Liquid waste.

Liquid effluent from any treatment plant which is discharged into the ground shall at all times comply with the following standards:

A.

Maximum five-day biochemical oxygen demand: Twenty (20) parts per million.

Maximum total solids: Five thousand (5,000) parts per million.

Maximum phenol: One-hundredths (0.01) parts per million.

Maximum pH limits: Above 6.5 or below 8.0.

B.

A septic tank, tile field disposal bed or trench or other disposal place for any liquid waste, shall not be located less than one hundred fifty (150) feet from the nearest point of any river, pond, wetland or any drinking water supply.

C.

No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension, which would create odors, discolor poison, or otherwise pollute any stream or underground water source.

D.

No discharge shall raise the temperature of a water body above temperatures which can support normal aquatic life in such water body.

507.21.

Odors.

Emission of odorous gases or other odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond lot lines measured either at ground level or habitable elevation.

507.22.

Toxic matter.

The measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period. The release of airborne toxic matter across lot lines shall not exceed thirty-hundredths ( 30/100 ) of the threshold limit values as currently established by the American Conference of Governmental Industrial Hygienists.

507.23.

Heat and glare.

No use shall carry on any operation that would produce unreasonable heat beyond the property line of the commercial or industrial district.

Any manufacturing operation or activity producing glare, shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five-tenths (0.5) footcandles when measured in a neighboring residential district, or public highway.

507.24.

Fire and explosive hazards.

All industrial uses and storage facilities shall be approved by the state fire marshal with regard to fire and explosive hazards.

507.25.

Radiation.

Manufacturing operations shall cause no dangerous radiation at the property line, as specified by the regulations of the United States Nuclear Regulatory Commission.

507.26.

Extractive industrial uses.

All extractive industrial uses (use code category 9.0) in any zone shall be subject to the following performance standards, in addition to all of the preceding standards.

A.

Hours of operation. The conduct of such use shall not take place on a regular basis, prior to 6:30 a.m. nor after 7:30 p.m., Monday through Saturday (herein referred to as "normal hours"), nor at anytime on Sunday. For the purposes of this section, a "regular basis" shall be defined such that the above hours shall not be exceeded on more than thirty (30) days in any given calendar year, and in no instance shall such use be conducted before 5:30 a.m. nor after 10:00 p.m.

B.

Limitations on rock crushing. The operation of a rock or stone crusher, whether permitted as of right, as a special use permit or as a nonconforming use, shall not be permitted to expand, intensify or install new rock-crushing machines, unless it is fully enclosed within a building, so as to control noise and dust.

507.27.

Definitions.

For the purposes of section 507 the following definitions are applicable.

A-weighted sound level. The sound pressure level in decibels as measured with a sound level meter using the "A" weighting network. The unit of measurement is the dB(A).

C-weighted sound level. The sound pressure level measured with a sound level meter using the "C" weighting network. The unit of measurement is the dB(C).

Commercial receptor. Those parcels having use code categories 2, 3, 4, 5 or 6 as set forth in article 3 and appendix A.

Decibel (dB). A unit for measuring amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter).

Emergency work. Any work made necessary to restore property and roadways to a safe condition following an emergency to protect persons or property from exposure to imminent danger or damage.

Impulsive sound. Sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay.

Industrial receptors. Those parcels having use code categories 7, 8 or 9 as set forth in article 3 and appendix A.

Residential receptor. Includes agricultural uses and are those parcels having use code categories 0 or 1 as set forth in article 3 and appendix A.

Sound level meter. An instrument, which includes a microphone, an amplifier, and output meter and frequency weighting networks, for the measurement of sound levels, which meets the specifications set forth in American National Standards Institute (ANSI) specifications for sound level meters (ANSI S1.4-1971 or its successor publications).

(Ord. of 4-24-00)

508.1.

Purpose and goals.

The purpose of this section is to establish special conditions and performance standards for the use of cellular communications antenna arrays and cellular communications towers, as defined below, that are consistent with the residential character of the town, and consistent with the land uses in the town. The goals of this section include encouraging the location of antennae on existing structures, and the joint use (co-location) of new and existing towers in order to minimize or mitigate any adverse impact on the town that may result from the location or configuration of cellular communications antenna arrays and cellular communications towers, as well as to facilitate the use of public property and structures for cellular communications facilities.

508.2.

Definitions.

Cellular communications antenna array. The antenna or antennae from which wireless radio signals are sent and received by a personal wireless service facility as defined by the Telecommunications Act of 1996. It may include up to twelve (12) antennae in one (1) array and one (1) microwave antenna for the exclusive use of the carrier in transmitting its own signals. It may also include an equipment shelter as an accessory use. A cellular communications antenna array may be public or private.

A.

Public cellular communications antenna array. Any antenna used for a governmental function and owned by the United States of America, the state, or the town, or any political subdivision duly authorized to own and operate a cellular communications array. Public cellular communications array are not to be restricted by this section.

B.

Private cellular communications antenna array. Any antenna used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.

Cellular communications tower. A free-standing structure used for the location of one (1) or more cellular communications antenna arrays. It may also include an equipment shelter as an accessory use. A cellular communications tower may be public or private.

A.

Public cellular communications tower. Any tower structure used for a governmental function and owned by the United States of America, the state, the town, or any political subdivision duly authorized to own and operate a cellular communications tower.

B.

Private cellular communications tower. Any tower structure used for a private purpose and owned by a private person, partnership, corporation, organization, association or any entity subject to taxation.

Co-location. Use of a common cellular tower or common site by two (2) or more license holders or by one (1) license holder for more than one (1) type of communications technology.

Equipment shelter. An enclosed structure, cabinet, shed or box used as an accessory to a cellular communications antenna array to house electrical equipment, batteries and emergency electrical generators, directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.

Height. The distance measured from ground level to the highest point on a cellular communications tower including the cellular communications antenna array.

508.3.

Applicability.

No cellular communications antenna array or cellular communications tower shall be erected, constructed, altered or maintained on any lot within the town after June 22, 1998, without complying with the terms of this section. Nothing herein shall be deemed to prohibit or regulate any public antenna or cellular communications tower used in the exercise of a governmental function.

A.

A cellular communications antenna array shall be allowed as of right on any existing nonresidential structure within the zones specified in section 301, Schedule of Use Regulations Table, provided that the height of such cellular communications antenna array shall not exceed the height of such existing structure by more than twelve (12) feet if omni-directional or whip type antennae are used, and by not more than six (6) feet if directional or panel type antennae are used.

B.

A cellular communications tower shall be permitted as a special permit use or permitted use within the zones so specified in section 301, Schedule of Use Regulations Table, and provided that the height of such new tower shall not exceed one hundred fifty (150) feet in height.

C.

No cellular communications tower or cellular communications antenna array shall be permitted within the Historic Overlay District as provided in article 6.

508.4.

Application requirements.

All applications for permits to construct, install or erect cellular communications towers or equipment shelters, or to install, mount or erect cellular communications antenna arrays on existing buildings or on other alternate antenna support structures, shall be subject to the following:

A.

A building permit is required;

B.

An electrical permit is required;

C.

Payment of all permit and inspection fees;

D.

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

E.

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

508.5.

General requirements.

A.

All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations. The town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

B.

A cellular communications tower shall be set back from all property lines a minimum of one (1) foot for each one (1) foot of tower height. When the property abuts an Historic Overlay District, the setback distance from such district shall be one and one-half (1½) foot for each one (1) foot of tower height.

C.

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

D.

Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency.

E.

Any cellular communications tower exceeding one hundred fifty (150) feet in height shall require a special use permit.

F.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the state building code as amended from time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with G.L. Tit. 23, Ch. 27.3, entitled state building codes. Towers must be structurally inspected by a registered engineer every ten (10) years and a certificate of such inspection shall be filed with the building official.

G.

All telecommunication facilities and structures which have not been used for a period of one (1) 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 ninety (90) days of receipt of notice from the building official. The applicant shall post a bond or cash security with the finance director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

H.

All cellular communications antenna arrays, except public cellular communications antenna arrays, and all cellular communications towers shall be subject to development plan review, as set forth herein and in the subdivision and land development regulations, and appropriate camouflaging, landscaping and screening shall be provided, pursuant to the design standards set forth in this section.

1.

For such uses permitted as of right, development plan review shall be conducted by the administrative officer and/or the technical review committee, subject to referral to the planning board, and the decision of such authority shall be appealable to the zoning board in accordance with the applicable provisions of article 5 of this ordinance.

2.

For such uses permitted by special use permit, development plan review shall be conducted by the planning board, and the decision of such authority shall be advisory only to the zoning board in accordance with G.L. § 45-24-49.

508.6.

Additional application requirements for use by special use permit.

An application for a special use permit for a cellular communications antenna array or cellular communications tower shall include the following information:

A.

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

B.

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

C.

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

D.

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

E.

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

508.7.

Additional standards for special use permit—Towers.

In addition to the standards set forth in article 9 of this ordinance, the zoning board of review shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of a cellular communications tower:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

508.8.

Design standards for development plan review.

All applications for a cellular communications antenna array or cellular communications tower shall be subject to development plan review. The following design standards shall apply to all cellular communications antennae arrays and cellular communications towers:

A.

For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the pre-existing character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

B.

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

C.

Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the director of planning. Screening shall not be less than five feet in width, nor less than eight (8) feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty (30) days.

D.

Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.

E.

At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.

F.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

G.

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

H.

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

509.1.

Applicability and eligibility.

A.

Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five (25) percent of the housing is low- or moderate-income housing.

B.

Notwithstanding the foregoing, in accordance with G.L. § 45-53-4(d)(10), the South Kingstown Town Council limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one (1) percent of the total number of year-round housing units in the town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in this section, the planning board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

509.2.

Municipal Subsidies. In order to offset the differential cost of the low- or moderate-income housing units in the section, the following municipal subsides shall be provided:

A.

Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is set forth in G.L. § 45-53-4(d)(2)(iii)(E)(II).

B.

Density bonus. The town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights-of-way of record.

1.

For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:

i.

For projects providing at least twenty-five (25) percent low- and moderate-income housing the density bonus shall be five (5) units per acre.

ii.

For projects providing at least fifty (50) percent low- and moderate-income housing the density bonus shall be nine (9) units per acre.

iii.

For projects providing at least one hundred (100) percent low- and moderate-income housing the density bonus shall be twelve (12) units per acre.

2.

For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system to service the dwelling units from the applicable state agency the following density bonuses are provided:

i.

For projects providing at least twenty-five (25) percent low- and moderate-income housing the density bonus shall be three (3) units per acre.

ii.

For projects providing at least fifty (50) percent low- and moderate-income housing the density bonus shall be five (5) units per acre.

iii.

For projects providing at least one hundred (100) percent low- and moderate-income housing the density bonus shall be eight (8) units per acre.

C.

Parking. For comprehensive permit applications one (1) off-street parking space per dwelling unit is required for units up to and including two (2) bedrooms. Units of three (3) or more bedrooms shall comply with the off-street parking requirements set forth in Section 711

D.

Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three (3) bedrooms for single family dwelling units.

E.

Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by G.L. § 45-24.3-11.

509.3.

Application Procedure. The application and review process for a comprehensive permit shall be as follows:

A.

Pre-application conference. A pre-application conference shall be required by the administrative officer or planning board or requested by the applicant. The preapplication conference may be with the planning board, technical review committee, or administrative officer as determined appropriate by the administrative officer.

1.

In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.

2.

Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within thirty (30) days of the request, unless a different timeframe is agreed to by the applicant in writing.

3.

If thirty (30) days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.

B.

Preliminary plan.

1.

Submission requirements. Applications for preliminary plan under this section shall include:

i.

A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and

ii.

A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and

iii.

A proposed construction timetable for the commencement and completion of the project, including a schedule for the construction and occupancy of all low- and moderate-income housing units in accordance with G.L. § 45-53-4(d)(9); and

iv.

Those items included in the checklist for preliminary plan review with the exception of evidence of state or federal permits.

v.

Notwithstanding the submission requirements set forth above, the planning board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.

2.

Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer, provided, however, that the certificate shall be granted within twenty-five (25) days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3.

Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

4.

Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a preliminary plan. The cost of notice shall be paid by the applicant.

5.

Timeframe for review. The planning board shall render a decision on the preliminary plan application within ninety (90) days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.

6.

Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.

7.

Vesting. The approved preliminary plan is vested for a period of two (2) years with the right to extend for two (2), one-year extension upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the planning board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.

C.

Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the planning board's discretion, it may vote to require the applicant to return for final plan review and approval.

1.

The following items shall be submitted as part of the final plan submission:

i.

All required state and federal permits must be obtained prior to the final plan approval.

ii.

A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to G.L. § 45-53-3.2.

iii.

A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) years.

iv.

Those items included in the checklist for final plan review.

v.

Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

vi.

Certification by the tax collector that all property taxes are current.

vii.

For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

2.

Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of G.L. § 45-23-36; provided however, that, the certificate shall be granted within twenty-five (25) days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3.

Timeframe for review. The reviewing authority shall render a decision on the final plan application within forty-five (45) days of the date the application is certified complete.

4.

Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

5.

Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

6.

Vesting. The approved final plan is vested for a period of two (2) years with the right to extend for one (1) one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.

509.4.

Modifications and changes to plans.

A.

Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

B.

Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing process required for approval of preliminary plans. The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the final plan application if the application is to be referred back to the planning board under this subsection.

509.5.

Required findings.

A.

Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

1.

The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

2.

The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.

3.

All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

4.

There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

5.

All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of state law.

6.

The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

B.

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

1.

The town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;

2.

The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;

3.

The proposal is not in conformance with the comprehensive plan;

4.

The community has met or has plans to meet the goal of ten (10) percent of the year-round units being low- and moderate-income housing provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or

5.

Concerns for the environment and the health and safety of current residents have not been adequately addressed.

C.

Infeasibility of Conditions of Approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in G.L. § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

(Ord. of 4-23-01; Ord. of 10-24-05; Ord. of 12-11-23(2))

510.1.

Purpose and applicability.

A.

The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems. These standards are intended to ensure that solar energy systems are compatible with the surrounding area, provide for public safety, and minimize impacts on scenic, natural, and historic resources. The provisions of this section shall apply, as specified herein, to construction, operation, and/or repair of solar energy system installation in town.

B.

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

C.

The three (3) solar energy systems that are located on or in direct proximity to the Rose Hill Landfill, the West Kingston Town Dump, and the URI Disposal Area, respectively, shall not be subject to the requirements of this section, but shall have advisory review conducted by the South Kingstown Technical Review Committee prior to issuance of a state or local building permit.

510.2.

Permitted uses and review process.

A.

Accessory solar energy systems shall be permitted and reviewed pursuant to the requirements of section 503.9. Principal major and minor solar energy systems shall be permitted as set forth in section 300 and this section.

B.

The review of major and minor solar energy systems shall be conducted according to the following procedures, which are summarized in the table, below:

1.

Minor systems.

(a)

All new minor solar energy systems shall be subject to development plan review pursuant to section 505.1. Development plan review of minor solar energy systems shall be conducted by the planning board. Minor solar energy systems shall not be considered land development projects when developed on a parcel with another principal use, unless such use is required in and of itself to undergo review as a land development project and the minor solar energy system is submitted concurrently for review.

(b)

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

2.

Major systems. All new major solar energy systems shall be considered and reviewed as major land development projects pursuant to the subdivision and land development regulations of the Town of South Kingstown, as amended. Expansion of the surface area of such a major solar energy system, as well as any change or upgrade of the electrical infrastructure, shall be subject to development plan review pursuant to section 505.1 and the requirements of this section.

3.

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

PRINCIPAL SOLAR ENERGY SYSTEMS

C.

Solar energy systems and any associated equipment shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed, or other applicable legal document specifically allows the installation of a solar energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.

510.3.

Application requirements for review of solar energy systems by the planning board.

A.

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

1.

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

2.

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

B.

Applications for review of ground-mounted solar energy systems of all classifications shall also include:

1.

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

2.

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

3.

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

4.

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

5.

A lighting plan for the premises;

6.

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

7.

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

C.

Applications for review of major solar energy systems shall also contain:

1.

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

2.

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

3.

Documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency, and documentation indicating that the plan has been approved by the police chief, the fire chief of the applicable fire district, and the director of emergency medical services.

4.

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

5.

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

6.

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

7.

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

510.4.

Waivers and conditions.

A.

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

1.

The establishment and posting of a cash surety, in an amount determined by the planning board deemed sufficient to cover the cost of decommissioning and removal of the solar energy system at the end of its useful life or when abandonment occurs plus inflation, as defined in section 510.8, which shall be held in a restricted account until decommissioning has occurred; and

2.

The placement of a lien against the real property on which the solar energy system in located to cover all costs associated with decommissioning of the system that exceed the value of the cash surety described in section 510.4A. Said lien shall be recorded in the South Kingstown Land Evidence Records prior to issuance of any required building or electrical permits required for construction of the system and shall not be removed until decommissioning has occurred.

3.

Provision of an on-site public safety response training with the police chief, and/or their designee(s), the fire chief of the applicable fire district, and/or their designee(s), and the emergency medical services director, and/or their designee(s),within one (1) month of completion of installation of the system;

B.

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

1.

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

2.

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

C.

The zoning board of review, as part of the review and approval of the special use permit, or the planning board, when the use is permitted by right, may allow waivers from or modification to the requirements of subsection 510.5, when such are deemed necessary due to the unique site characteristics or when such would be in the interest of good planning practice. Applicants for special use permits requesting waivers or modifications to the requirements of subsection 510.5 shall discuss their request with the planning board, who shall provide an advisory opinion to the zoning board of review.

510.5.

General requirements for solar energy systems.

A.

Requirements for all solar energy systems (accessory, minor, and major).

1.

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

2.

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

3.

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

4.

Applicants shall propose an appropriate buffer that adequately mitigates visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site, and shall be done in consultation with a RI licensed landscape architect. The buffer must be adequate to thoroughly screen the solar energy system year round. In addition, the required vegetated buffer shall be maintained for the life of the solar energy system. Additional landscaping and buffer widths may be required by the Planning Board where deemed necessary to mitigate negative impacts as described in section 510.4.B.2. Choices include, but are not limited to:

(a)

Fifty-foot wooded buffer; or,

(b)

Twenty-foot partial landscape screen; or

(c)

Ten-foot full landscape screen.

5.

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

6.

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

7.

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

8.

Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Removal of trees within a town right-of-way shall be subject to receipt of a tree permit, which shall be approved at the discretion of the town tree warden. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.

9.

Lighting of the solar energy system shall comply with section 704, and shall be limited to that required for safety and operational purposes. All site lighting shall be directed downward and incorporate full cut-off fixtures to reduce light pollution and confine the light footprint to the facility site.

B.

Requirements for major and minor systems.

1.

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

2.

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

(a)

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

(b)

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

(c)

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

(d)

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

3.

All panels, equipment, and structures associated with a major or minor solar energy system shall meet the principal setback requirements prescribed by the zoning district in which they are located, except that major solar energy systems shall be set back from property lines abutting residentially zoned parcels, or parcels containing residential uses, a minimum of fifty (50) feet, and from property lines abutting public and private roads a minimum of one hundred (100) feet. Additional setback distances may be required where necessary to mitigate negative impacts as described in section 510.4.B.1. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.

4.

Major and minor solar energy systems, including all associated equipment, shall be enclosed by a perimeter fence, which shall be not less than six (6) feet in height and, as feasible, shall incorporate wildlife passage features for small mammals and birds in its design and installation. The perimeter fence shall be secured from unauthorized entry. Solar canopies are exempt from this requirement.

5.

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

6.

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

7.

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

8.

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

9.

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

10.

A sign shall be posted at the solar energy system, displaying the name of the owner and operator of the facility and providing a twenty-four-hour emergency contact number. Said sign shall be no greater than six (6) square feet in surface area. The solar energy system shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. Any such signage shall comply with article 8, Signs.

C.

Requirements for solar canopies.

1.

Solar canopies shall be located over parking lots, driveways or walkways.

2.

Solar canopies shall be designed with features to ensure that snow and ice cannot slide off onto persons/objects below.

D.

Requirements for solar energy facilities along scenic roadways or nationally designated wild and scenic rivers.

1.

Ground mounted solar energy facilities, including solar panels and any appurtenant structures, on parcels located adjacent to a designated (local or state) scenic highway or nationally designated wild and scenic river (including, but not limited to, the Chipuxet River from Rt. 138 south, the Pawcatuck River, and the Queen-Usquepaugh River) shall be located out of the viewshed of the scenic roadway or Wild and Scenic River.

510.6.

Solar energy systems in the GI Zone.

A.

This section is intended to promote the development of solar energy systems on properties in the GI (Government and Institutional) Zoning District, subject to the requirements of development plan review and/or major land development plan review as outlined in this section.

B.

Use of GI parcels for solar energy systems is intended to promote the adaptive reuse of brownfield sites, and the use of institutional lands to promote sustainable and renewable energy options. Such use is intended to demonstrate the ability of solar energy systems to offset utility costs, and to provide educational opportunities regarding the use of green technology and renewable energy generation technologies. Such parcels include, but are not limited to, those comprising or in direct proximity to former remediated landfills at Rose Hill and in Kingston, town and state owned and managed parcels, and parcels containing institutional uses.

510.7.

Maximum lot coverage.

A.

Ground-mounted solar energy systems in residential zoning districts shall occupy no more than ten (10) percent of the parcel on which they are located, which is to include inter-row and panel/collector spacing.

B.

Ground-mounted solar energy systems in all non-residential zones shall occupy no more than thirty (30) percent of a lot, which is to include inter-row and panel/collector spacing.

C.

Any subsequent subdivision of a parcel that contains a ground-mounted solar energy system shall be required to maintain the maximum coverage requirements established in sections A. and B., above.

510.8.

Abandonment and decommissioning.

A.

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

B.

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

C.

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

D.

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate, or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the town may remove the facility and institute action necessary to enforce the lien described in section 510.8.C. for expenses incurred in excess of the cash surety described in section 510.8.B.

510.9.

Contaminated site solar energy systems.

A.

This section is intended to promote the development of solar energy systems on properties that have been identified and confirmed by the Rhode Island Department of Environmental Management (RIDEM) as hazardous waste contamination sites, in order to catalyze property remediation, to provide an economic use for an otherwise developmentally-challenged property, and to direct solar energy systems away from forested areas, prime agricultural lands, and properties with high intrinsic value under another use scenario.

B.

Contaminated site solar energy systems shall be allowed on two (2) types of contaminated property, as described below:

1.

Contaminated Site Pending Remediation: A contaminated site pending remediation is a property that has been identified and confirmed by RIDEM as containing a hazardous material contamination through issuance of a "letter of responsibility," but which has not yet been remediated to the satisfaction of RIDEM. The intended outcome of permitting a solar energy system on a site pending remediation is to offset the cost of remediation by allowing a beneficial use of the property to occur.

2.

Remediated and Restricted Contamination Site: A remediated and restricted contamination site is a property (1) that has been identified and confirmed by RIDEM as having contained a hazardous material contamination; (2) on which remediation activities were conducted to the satisfaction of RIDEM as documented within a "letter of compliance" or an "interim letter of compliance," and (3) for which RIDEM has required the use of the property to be restricted through an environmental land use restriction. The intended outcome of permitting a solar energy system on a remediated and restricted contamination site is to allow an already disturbed property to be used for renewable energy generation, directing solar energy systems away from less desirable areas, such as forested areas and prime agricultural lands.

C.

Contaminated site solar energy systems shall be considered principal solar energy systems, classified as major or minor, as defined in article 12, and shall be reviewed according to the procedures established by this section and by section 510.2, except that a public hearing before the planning board, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regualtions, shall be required for all applications. The required review process is summarized, below:

CONTAMINATED SITE SOLAR
ENERGY SYSTEMS

D.

Applications for development plan review and/or major land development project review of contaminated site solar energy systems shall include, in addition to the requirements set forth in the town's subdivision and land development regulations and the requirements of section 510.3, the following, based on the type of contaminated site on which the system is proposed:

1.

Systems proposed on a contaminated site pending remediation shall submit:

(a)

The associated "letter of responsibility" and "remedial approval letter" from RIDEM, and all applicable attachments or appendices;

(b)

A copy of any environmental land use restriction (ELUR) required by RIDEM to be imposed on the contaminated site(s) along with a narrative explaining the content of such restriction;

(c)

Confirmation from RIDEM that a solar energy system is an acceptable use for the contaminated site(s); and

(d)

A site plan and associated materials delineating the extent of the contamination previously or currently existing on the site(s) and the extent of disturbance that will be required to perform the approved remediation activities, including square footage calculations of said areas compared to the total area of the subject site(s).

2.

Systems proposed on a remediated and restricted contamination site(s) shall submit:

(a)

The associated "letter of compliance" or "interim letter of compliance" from RIDEM;

(b)

Written confirmation from RIDEM that the proposed contaminated site solar energy system is consistent with the requirements for maintaining compliance; and

(c)

A site plan and associated materials delineating the extent of the remediation activities and any clearing that was necessary due to remediation activities, including square footage calculations of contaminated areas compared to the total area of the subject site(s).

E.

Any approval issued for a system proposed on a contaminated site pending remediation shall be conditioned on receipt of a "letter of compliance" or an "interim letter of compliance" from RIDEM prior to issuance of a permit for installation of the solar energy system, in addition to the conditions required by section 510.4.

F.

Contaminated site solar energy systems shall meet the applicable dimensional and site design requirements of section 401 and section 510.5, except where an alternative standard is proposed by this section.

G.

In granting the special use permit, the zoning board of review, based on a recommendation from the planning board during development plan review or conceptual master plan review, shall establish the amount of the parcel that may be covered by the contaminated site solar energy system, based on an assessment of the following:

1.

The extent of contamination on the site for which the system is proposed;

2.

The area of the parcel identified within the application materials as requiring disturbance or having been disturbed in the performance of remediation activities;

3.

The area of the parcel on which an environmental land use restriction (ELUR) has been or will be placed;

4.

For sites pending remediation, the cost of the proposed remediation actions, as identified in the "remedial approval letter," relative to the expected income to be generated by the energy system; and

5.

The site topography, existing vegetative buffer(s), and the severity of any potential negative visual impacts to the neighborhood.

H.

In granting the special use permit for a contaminated site solar energy system, the zoning board of review must make the following findings of fact:

1.

Permitting use of the parcel for a contaminated site solar energy system will:

(a)

Allow remediation of a contaminated site by offsetting the cost of such remediation and allowing a beneficial use of the property to occur; or

(b)

Allow an already disturbed property to be used for renewable energy generation, directing solar energy systems away from less desirable areas, such as forested areas and prime agricultural lands.

2.

The size of the contaminated site solar energy system considers and is reflective of the size of the contaminated area, any land use restrictions placed on the site, the amount of disturbance necessary to remediate the contaminated area, the cost of remediation activities, and any potential negative visual impacts to the surrounding neighborhood.

(Ord. of 9-26-16(2); Ord. of 6-12-17; Ord. of 10-15-19(2))

511.1.

Purpose and applicability.

The purpose of this section is to establish special conditions and performance standards for the use of mobile food establishments, as defined herein, that are consistent with the residential character of the town, and consistent with the land uses in the town. The provisions of this section shall apply, as specified herein, to all mobile food establishments operating within the town.

511.2.

General requirements.

A.

Mobile food establishments shall be permitted as set forth in section 301, subject to the requirements of this section and further to the requirements of article VII, section 9 of this Code.

B.

Mobile food establishments shall comply with G.L. Tit. 5, Ch. 11.1, State Mobile Food Establishment Registration Act, as well as all regulations promulgated thereunder by the department of business regulation.

C.

The requirements of this section shall not apply to mobile food establishments that remain stationary in a single location for no more than fifteen (15) minutes at a time.

D.

Mobile food establishments located on private property shall require written permission from the property owner.

E.

Sale of alcohol from mobile food establishments shall be prohibited.

F.

During business hours, a trash receptacle shall be provided for customer use and the area shall be kept clear of litter and debris at all times by the owner of the property.

G.

Additional outdoor seating may be provided on the site, but seating shall not be permanently installed.

H.

A permanent water or wastewater connection is prohibited.

I.

Electrical service may be provided only by temporary service or other connection provided by an electric utility, or on-board generator.

J.

Seating or trash receptacles shall not block the public right-of-way.

K.

Mobile food establishments shall not sell wares by means of loudspeaker, voice amplified system, or electronic noise making device intended to attract public attention.

L.

Mobile food establishments located on private property shall sell wares on the private property on which said mobile food establishment is located. The sale of wares shall not occur within any public or private right-of-way.

511.3.

Residential zoning districts.

A.

In residential zoning districts, mobile food establishments shall be prohibited, except as described below:

1.

Mobile food establishments shall be permitted as of right on residential property in connection with a private event or gathering, provided that the property on which the mobile food establishment is proposed to be located shall not host a mobile food establishment more than two (2) times a year, and the mobile food establishment shall not be open for sale to the general public; or

2.

Mobile food establishments shall be allowed on farms as an accessory farm event pursuant to section 503.7.g. and shall comply with the requirements of section 511.2.

B.

In residential zoning districts, hours of operation for a mobile food establishment shall be limited to 9:00 a.m. to 10:00 p.m. Relief from this standard shall be available by special use permit.

511.4.

Non-residential zoning districts.

A.

In non-residential zoning districts, one (1) mobile food establishment shall be permitted as of right provided that the mobile food establishment shall not remain on the property for periods greater than four (4) hours per day, or twenty (20) hours per week. Relief from this requirement shall be available by special use permit.

B.

In non-residential zoning districts, mobile food establishments shall be permitted as of right on residential property in connection with a private event or gathering, provided that the property on which the mobile food establishment is proposed to be located shall not host a mobile food establishment more than two (2) times a year, and the mobile food establishment is not open for sale to the general public. Relief from this requirement shall be available by special use permit.

C.

In non-residential zoning districts, hours of operation for a mobile food establishment shall be limited to 9:00 a.m. to 10:00 p.m. Relief from this requirement shall be available by special use permit.

511.5.

Town-owned property.

A.

Mobile food establishments proposed to be located on town-owned property shall be permitted, subject to issuance of an event permit, pursuant to chapter 9 of this Code, and approval of the school department, for property maintained by the school department, or approval of the recreation commission for other town-owned property.

511.6.

Special use permits for mobile food establishments and mobile food courts.

A.

Mobile food establishments seeking relief from the requirements identified above through issuance of a special use permit, or mobile food courts may be allowed by special use permit in section 301, subject to the following conditions:

1.

The application for a special use permit shall provide a site plan of the property, which shall include depiction of existing parking spaces and circulation areas, a calculation of the number of parking spaces required for any existing uses on the property, the number of food trucks proposed as part of any mobile food court, the location of proposed mobile food courts, and the service area for patrons.

2.

Mobile food courts proposed on a property with one (1) or more existing uses must demonstrate that the mobile food establishment does not create a conflict with the use of existing parking and circulation areas on the property which shall be demonstrated in one (1) of the following ways:

(a)

A calculation of all required parking spaces for existing uses on the property pursuant to section 711; or

(b)

A written narrative which demonstrates complementary use of parking spaces required pursuant to section 711, including, but not limited to, use for a mobile food establishment during non-business hours; or

(c)

An onsite parking inventory assessment based upon observed parking space utilization on the property which shall demonstrate that a sufficient number of underutilized spaces exist to support the mobile food court.

(Ord. of 12-9-19(3))

A.

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

B.

Eligibility.

1.

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

2.

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

C.

Density calculations.

1.

For projects that meet the following criteria, the residential density shall be no less than fifteen (15) dwelling units per acre, except where the developer proposes a project of lower density:

i.

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

ii.

The development includes at least twenty (20) percent low- and moderate-income housing.

iii.

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

2.

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable. The developer may propose a project of lower density.

3.

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

D.

Dimensional requirements.

1.

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

2.

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

3.

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

i.

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

E.

Parking requirements.

1.

Adaptive reuse developments shall provide one (1) parking space per dwelling unit. The applicant may propose additional parking in excess of one (1) space per dwelling unit.

2.

The parking requirements and design standards in Article VIII shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

F.

Allowed uses within an adaptive reuse project.

1.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

2.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Section 301 for the zoning district in which the structure is located.

G.

Development and Design Standards. Site design shall be in accordance with the development regulations.

H.

Procedural requirements.

1.

Adaptive reuse project shall be subject to the procedural requirements of Section 505.1 and undergo development plan review as determined in that section.

2.

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

i.

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

ii.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

I.

Specific and objective provisions.

1.

The specific and objective criteria for adaptive reuse projects are set forth in the regulations.

(Ord. of 12-11-23(2))