Tiverton City Zoning Code

ARTICLE XVI

SPECIAL USE PERMITS4

Footnotes:

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Editor's note— Ord. of Nov. 30, 2023(2), amended Art. XVI in its entirety to read as herein set out. Former Art. XVI, §§ 1—3, pertained to similar subject matter, and derived from Ord. of June 4, 2001(10).

Section 1. - Applicability.

Where a use is allowed in this ordinance as a special use rather than allowed by right, such use may be granted to any person, group, agency or corporation only through the issuance of a special use permit by the zoning board of review under the procedures of article XV.

All uses requiring a special use permit shall be converted to not permitted for the period of January 1, 2024 to and including February 28, 2025, unless exempted from this ordinance by act of the town council.

Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board, pursuant to appendix A, Zoning, article XXV, and appendix B, Land Development and Subdivision Regulations, article XV. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of appendix B, Land Development and Subdivision Regulations, article IV, section 23-14 and G.L. § 45-23-50.1(c).

(Ord. of 11-30-23(2); Ord. No. 2024-0006, 6-24-24; Ord. No. 2024-0014, 11-25-24)

Section 2. - Uses not listed in table of uses.

To the extent a proposed land use is not specifically listed in appending A, Zoning, article IV, the property owner may submit a written request to the zoning board of review for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The zoning board of review will have 90 days to provide a written evaluation to the property owner upon the conclusion of the hearing public hearing with notice to abutters within 200 feet of the perimeter of the property which cost shall be borne by the applicant. Upon such determination, the proposed use shall be considered to be a use requiring a special-use permit for that applicant only.

(Ord. of 11-30-23(2))

Section 3. - Findings and recommendations.

Upon receipt of a completed application for a special use permit, the zoning board of review, or planning board under unified development review, as applicable, may request that the relevant staff prepare a written report of their findings and recommendations to be submitted to the appropriate review body.

(Ord. of 11-30-23(2))

Section 4. - Criteria for all special use permits.

A use designated as a special permit use in article IV, and elsewhere in this ordinance, shall be permitted by the board following a public hearing if, in the opinion of the board, such use in its proposed location meets the following requirements:

(1)

The public convenience and welfare will be served.

(2)

It will not be detrimental to the public health, safety, morals or welfare.

(3)

It will be compatible with neighboring uses and will not adversely affect the general character of the area.

(4)

It will not create a nuisance in the neighborhood, nor hinder or endanger vehicular or pedestrian movement.

(5)

It will have adequate provision made for water service, sanitary sewage disposal and fire protection. The board may accept reports of the state department of health and registered professional engineers, land surveyors or sanitarians, as proof of the adequacy of these facilities.

(Ord. of 11-30-23(2))

Section 5. - Criteria for specific categories of special use permits.

All uses designated as an "S", special use permit required, shall be required to provide evidence, to the satisfaction of the permitting authority, that the specific and objective criteria for such use as required below have been satisfied. An application for development or redevelopment of the following uses additionally requires submission of the items listed below. An application for development or redevelopment shall not be considered complete without the submission of each item listed for the use.

These uses shall also be subject to performance criteria, if any, set forth in article VI, section 10. In the event of a conflict between performance criteria and specific and objective criteria for a special use permit, the special use permit criteria shall apply.

The specific and objective criteria identified below shall not be altered or varied by a dimensional variance under article XVII.

Legal nonconforming uses. In such areas as it exists as a legal nonconforming use, the board may grant a special use permit for the expansion of quarrying of or mining for sand, gravel, rocks or minerals beyond 25 percent of the excavated area as existing at the time of zoning amendments dated June 4, 2001, provided that the applicant can demonstrate that the expanded operation is not contrary to the comprehensive plan and to the purpose of this regulation, which is to prevent the loss of natural resources including wildlife habitat, groundwater quality and scenic value. In addition, the following requirements shall be met:

(1)

All such expanded operations shall be located not less than 50 feet from any lot line, and 100 feet from any street right-of-way.

(2)

The applicant shall submit a site plan to the planning board for review and approval. The site plan shall include all applicable information required for a major land development project as contained in the Tiverton Land Development and Subdivision Regulations, as well as the proposed limits of excavation. The planning board shall focus their review on methods to control site drainage and soil erosion and sedimentation as required by the comprehensive plan, and visual buffering including landscaping and fencing.

(3)

The applicant shall submit a plan for reclamation of the land which shall also be reviewed and approved by the planning board. The reclamation plan shall establish a time period for reestablishing a grade level with adjacent road and properties, as well as identification of type of vegetative cover. This plan shall be used as a basis for an improvement guarantee that may be required as a condition of approval by the planning board under the provisions of article XI of the land development and subdivision regulations.

(4)

As a condition of granting the special use permit, the zoning board may establish additional requirements relating to the hours of operation; dust, noise and vibration control; and other matters as deemed necessary by the board to prevent nuisance to, promote harmony with, and protect the value of nearby property.

Signs. In considering an application for a special use permit for relief of the sign regulations as contained in article XII, the board must be provided evidence of the following:

(1)

That the establishment of the sign in a completely conforming manner will result in significant damage to the associated business.

(2)

That the establishment of a sign which is nonconforming by size will result in a clear visual improvement to a site by virtue of its replacement of an existing nonconforming sign.

(3)

That the location of the sign on a site in a nonconforming manner is necessary to achieve its intended visual effect.

Residential uses (article IV, section 2).

(1)

Bed and breakfast.

The bed and breakfast shall be a single-family dwelling.

ii.

The bed and breakfast shall be occupied by the owner or operator.

iii.

The establishment must provide a minimum of four en-suite bedrooms available for let. Each en-suite shall include at a minimum a bedroom and a private bathroom ("guestroom").

iv.

The maximum number of transient guests shall not exceed two times the number of guestrooms.

In addition to the guestrooms, the bed and breakfast must include a separate en-suite for the owner or operator's exclusive use.

vi.

Cooking facilities are prohibited in guestrooms.

vii.

No more than one meal daily shall be provided for guests.

viii.

Where the dwelling is served by an OWTS system, the total number of bedrooms (guestrooms plus owner's room) shall not exceed the RI DEM OWTS permit.

ix.

A minimum of one off-street parking space is required per bedroom, including both guestrooms and the owner's suite.

All transient guest parking must be off-street on the same lot as the bed and breakfast.

xi.

No person may occupy said room or rooms more than 14 days in any 30-day period.

(2)

Convalescent, rest or nursing home.

When located in a non-residential district, the structure shall be designed with a lobby entrance along the primary frontage.

ii.

Public water and sewer service must available at the site. The applicant must provide written confirmation, at the preliminary plan stage of review, from the applicable water and sewer authority that there is adequate service available for connection.

iii.

A parking plan, stamped by a qualified engineer, at the preliminary plan stage of review, with safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

iv.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(3)

Retirement residence/assisted living facility/and continuing care facility.

ii.

iii.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Farming or raising of animals (article IV, section 3).

Reserved.

Public and semipublic uses (article IV, section 4).

(1)

Nonprofit organization club, lodge, social, or community center building.

In terms of access, the volume of traffic shall not reduce the existing level of service as measured over the nine-month period prior to filing the preliminary plan application, or shall be mitigated so as to not reduce the existing level of service over the same period. The level of service, and mitigation measures, shall be identified by a traffic engineer. Primary access shall be through non-residential roadways. Access shall be designed to split the volume of traffic between at least two egress and ingress points.

ii.

A traffic management plan, which includes strategies for limiting the impact of traffic on nearby residential areas, shall be submitted by a traffic engineer. This plan shall address the scheduling of classes to avoid peak traffic times, the promotion of ride-sharing or shuttle services, and the provision of adequate on-site parking.

(2)

Art center.

ii.

(3)

Child day care center licenses by the state under G.L. ch. 72.1, Licensing and Monitoring of Child Care Providers, and Adult Day Care Programs Licenses under G.L. § 23-1-52.

ii.

(4)

Private trade or professional school.

In the Waterfront District(s), the curriculum of private trade or professional schools must be primarily marine-related.

ii.

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

iii.

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

iv.

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

In the Waterfront Zone(s), storage areas must be located to minimize visibility first from the water and second from the street.

The storage and disposal of any hazardous waste materials shall comply with all federal, state, and local regulations governing such materials. No operation which produces hazardous waste material shall commence without prior notice to the town administrator.

vi.

vii.

viii.

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods.

ix.

A noise management plan must be submitted, demonstrating that noise levels will not exceed the limits set by chapter 38, article IV. The plan shall include measures to mitigate any potential noise disturbances.

(5)

Cemetery or burial ground, whether public or private.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

The area to be used as a cemetery, columbarium, or burial ground is located on a separately deeded parcel of land recorded in the land evidence records of the Town of Tiverton, which deed shall specifically set forth that the land contained therein is dedicated for use as a cemetery, columbarium, or burial ground.

The proposed location of the cemetery, columbarium, or burial ground will not be detrimental to public health; that it will be compatible with neighboring uses and will be not less than 30 feet from the boundary line with adjoining properties; that there is permanent access to the proposed facilities; and that adequate provisions have been made for perpetual care of the facilities.

A plan of the area to be used as a cemetery, columbarium, or burial ground showing the surrounding properties, and the present and proposed grave sites, shall, upon approval of the board, be recorded with the land evidence records of the Town of Tiverton.

(6)

Columbarium.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

(7)

Pharmacy (with drive-through).

All drive-through facilities shall provide a minimum of three stacking spaces per lane or bay, unless additional stacking spaces are required specifically by this ordinance. Stacking spaces provided for drive-through uses shall be:

A minimum of nine feet in width, as measured from the outermost point of any service window or bay entrance, to the edge of the driveway, and 18 feet in length. In the case of a recessed service window, the measurement shall be taken from the building wall.

Stacking spaces shall begin behind the vehicle parked at a final point of service exiting the drive-through aisle, such as a service window or car wash bay (this does not include a menu board). Spaces shall be placed in a single line behind each lane or bay.

ii.

All drive-through lanes shall be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Drive-through lanes on corner lots shall not route exiting traffic into adjacent residential neighborhoods.

iii.

Drive-through facilities shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet and a maximum of seven feet in height. One shrub a minimum of three feet in height at time of planting shall be planted linearly every three feet on-center along such fence or wall. This standard does not apply to drive-through facilities within multi-tenant retail centers.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Public utility uses (article IV, section 5).

(1)

High voltage electric transmission towers.

Towers shall be permitted only in designated industrial or utility zoning districts, or in areas specifically identified for communication infrastructure, to minimize their impact on residential neighborhoods and scenic areas.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

Towers must be designed to minimize visual impact. This includes the use of monopole structures instead of lattice towers where feasible, and the application of neutral colors or camouflaging techniques to blend with the surrounding environment.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

Towers must be constructed to meet or exceed the structural standards outlined in the latest version of the American National Standards Institute (ANSI) and Telecommunications Industry Association (TIA) standards.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

A landscaping plan must be submitted, showing the use of native vegetation to screen the base of the towers from public view, particularly from adjacent residential properties and public rights-of-way.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

Towers shall not be artificially illuminated unless required by the Federal Aviation Administration (FAA) or for security purposes. All lighting must be downward-facing and shielded to minimize light pollution.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

A decommissioning plan must be submitted, outlining the removal of the tower and restoration of the site should the facility cease operations. This plan must include a financial surety to ensure that decommissioning occurs in a timely and responsible manner.

(2)

Towers, including, but not limited to, radio frequency towers.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

Recreation uses (article IV, section 6).

Reserved.

Office uses (article IV, section 7).

(1)

Any of the above permitted uses within this section that includes a drive-through.

ii.

iii.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Restaurants and entertainment (article IV, section 8).

(1)

Restaurant, including entertainment.

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines.

ii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

iii.

The maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening shall be provided between the restaurant and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence shall be constructed of materials that complement the surrounding environment and provide a continuous barrier.

Exterior lighting must be designed and installed to prevent light from spilling onto adjacent residential properties. All lighting fixtures shall be Dark Sky compliant and shielded and directed downward.

vi.

All waste disposal areas and equipment shall be screened from view.

(2)

Bar or nightclub with or without entertainment (not including adult entertainment).

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines, except in the Waterfront Zone(s).

ii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iii.

Screening shall be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

iv.

Exterior lighting shall be designed and installed to prevent light from spilling onto adjacent residential properties. All lighting fixtures shall be Darks Sky compliant and shielded and directed downward.

All waste disposal areas and equipment shall be screened from view.

vi.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

(3)

Bar or nightclub with adult entertainment.

Such use shall not be located within 1,000 feet of any church, school, day care center or residence.

ii.

The primary structure shall be set back a minimum of 300 feet from any residential use or zone, measured at the property lines.

iii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening must be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, must be installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

Exterior lighting shall be designed and installed to prevent light from spilling onto adjacent residential properties. All lighting fixtures shall be Dark Sky compliant and shielded and directed downward.

vi.

All waste disposal areas and equipment shall be screened from view.

vii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

Service business (article IV, section 9).

Reserved.

Retail business (article IV, section 10).

Reserved.

Transportation uses (article IV, section 11).

Reserved.

Wholesale business and storage (article IV, section 12).

Reserved.

Industrial uses (article IV, section 13).

Reserved.

Cannabis uses (article IV, section 14).

(1)

Cannabis or marijuana cultivator, cannabis retailer or marijuana retailer, cannabis testing laboratory or compassion center.

Minimum qualifications. To quality for consideration of a special use permit for any use as noted listed in sections F(2) through F(5) in the PDP, an applicant shall satisfy all regulations and qualifications established by the cannabis control commission and the following additional conditions:

Receipt of a license issued by the cannabis control commission.

Evidence that the applicant has site control and the right to use the site for the proposed cannabis use in the form of a valid purchase and sales agreement, a valid lease agreement, a notarized statement from the property owner, or other alternate written authorization.

Provide a security plan that details any anticipated burden on town public safety personal/services from the use of the facility. Said plan shall include all security measures for the site, transportation of cannabis and cannabis products to and from the premises to ensure the safety of the employees and public, and to protect the facility from theft or other criminal activity and be approved by the Tiverton Police Department.

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

ii.

Site conditions.

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

Five hundred feet of a preexisting public or private school providing education in kindergarten or any grades one through 12 and any preschool registered with the Rhode Island Department of Education.

No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.

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

iii.

Conditions of operations. In addition to the rules promulgated by the cannabis control commission the following operational conditions shall apply:

Hours of operation. The proposed cannabis retailer and compassion center hours of operation and compassion center shall be limited to the hours of 8:00 a.m. to 8:00 p.m. weekdays and Saturdays and 12:00 p.m. to 6:00 p.m. Sundays. Actual hours of operation to be determined by the zoning board.

Lighting. In addition to the requirements as set forth in article IV, § 20.O, Lighting shall adequately illuminate the cannabis retailer and compassion center, its immediate surrounding area, parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.

Security. The proposed cannabis retailer, cultivator, testing laboratory, and compassion center 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.

Parking. The proposed cannabis retailer shall comply with the parking requirements as set forth in article X of this Code.

Signage. The proposed cannabis retail location shall present signage in a size and in a form that, is reasonably legible from the retail access point, which clearly prohibits any person who is under 21 years of age to be present inside the cannabis retail establishment in compliance with G.L. § 21-28.11-27.1. All other provisions of the signage shall comply with article IV, section 20.K.

Site plan. No use permitted under this section shall be established prior to submission and approval by the zoning board of a site plan, a building plan, and, if required, a boundary line survey by a licensed professional land surveyor (PLS). The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.

The zoning board may impose additional operational conditions or further restrict existing minimum conditions subsections o.(1)iii.A through F above.

iv.

Findings. In addition to the findings required in article XVI, section 2, the zoning board must also find the following:

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

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

(Ord. of 11-30-23(2); Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 8, 2-24-25)

Tiverton City Zoning Code

ARTICLE XVI

SPECIAL USE PERMITS4

Footnotes:

--- (4) ---

Section 1. - Applicability.

(Ord. of 11-30-23(2); Ord. No. 2024-0006, 6-24-24; Ord. No. 2024-0014, 11-25-24)

Section 2. - Uses not listed in table of uses.

(Ord. of 11-30-23(2))

Section 3. - Findings and recommendations.

(Ord. of 11-30-23(2))

Section 4. - Criteria for all special use permits.

(1)

The public convenience and welfare will be served.

(2)

It will not be detrimental to the public health, safety, morals or welfare.

(3)

It will be compatible with neighboring uses and will not adversely affect the general character of the area.

(4)

It will not create a nuisance in the neighborhood, nor hinder or endanger vehicular or pedestrian movement.

(5)

(Ord. of 11-30-23(2))

Section 5. - Criteria for specific categories of special use permits.

The specific and objective criteria identified below shall not be altered or varied by a dimensional variance under article XVII.

(1)

All such expanded operations shall be located not less than 50 feet from any lot line, and 100 feet from any street right-of-way.

(2)

(3)

(4)

Signs. In considering an application for a special use permit for relief of the sign regulations as contained in article XII, the board must be provided evidence of the following:

(1)

That the establishment of the sign in a completely conforming manner will result in significant damage to the associated business.

(2)

That the establishment of a sign which is nonconforming by size will result in a clear visual improvement to a site by virtue of its replacement of an existing nonconforming sign.

(3)

That the location of the sign on a site in a nonconforming manner is necessary to achieve its intended visual effect.

Residential uses (article IV, section 2).

(1)

Bed and breakfast.

The bed and breakfast shall be a single-family dwelling.

ii.

The bed and breakfast shall be occupied by the owner or operator.

iii.

The establishment must provide a minimum of four en-suite bedrooms available for let. Each en-suite shall include at a minimum a bedroom and a private bathroom ("guestroom").

iv.

The maximum number of transient guests shall not exceed two times the number of guestrooms.

In addition to the guestrooms, the bed and breakfast must include a separate en-suite for the owner or operator's exclusive use.

vi.

Cooking facilities are prohibited in guestrooms.

vii.

No more than one meal daily shall be provided for guests.

viii.

Where the dwelling is served by an OWTS system, the total number of bedrooms (guestrooms plus owner's room) shall not exceed the RI DEM OWTS permit.

ix.

A minimum of one off-street parking space is required per bedroom, including both guestrooms and the owner's suite.

All transient guest parking must be off-street on the same lot as the bed and breakfast.

xi.

No person may occupy said room or rooms more than 14 days in any 30-day period.

(2)

Convalescent, rest or nursing home.

When located in a non-residential district, the structure shall be designed with a lobby entrance along the primary frontage.

ii.

iii.

iv.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(3)

Retirement residence/assisted living facility/and continuing care facility.

ii.

iii.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Farming or raising of animals (article IV, section 3).

Reserved.

Public and semipublic uses (article IV, section 4).

(1)

Nonprofit organization club, lodge, social, or community center building.

ii.

(2)

Art center.

ii.

(3)

Child day care center licenses by the state under G.L. ch. 72.1, Licensing and Monitoring of Child Care Providers, and Adult Day Care Programs Licenses under G.L. § 23-1-52.

ii.

(4)

Private trade or professional school.

In the Waterfront District(s), the curriculum of private trade or professional schools must be primarily marine-related.

ii.

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

iii.

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

iv.

In the Waterfront Zone(s), storage areas must be located to minimize visibility first from the water and second from the street.

vi.

vii.

viii.

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods.

ix.

(5)

Cemetery or burial ground, whether public or private.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

(6)

Columbarium.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

(7)

Pharmacy (with drive-through).

ii.

iii.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Public utility uses (article IV, section 5).

(1)

High voltage electric transmission towers.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

(2)

Towers, including, but not limited to, radio frequency towers.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

Recreation uses (article IV, section 6).

Reserved.

Office uses (article IV, section 7).

(1)

Any of the above permitted uses within this section that includes a drive-through.

ii.

iii.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Restaurants and entertainment (article IV, section 8).

(1)

Restaurant, including entertainment.

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines.

ii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

iii.

The maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening shall be provided between the restaurant and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence shall be constructed of materials that complement the surrounding environment and provide a continuous barrier.

vi.

All waste disposal areas and equipment shall be screened from view.

(2)

Bar or nightclub with or without entertainment (not including adult entertainment).

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines, except in the Waterfront Zone(s).

ii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iii.

Screening shall be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

iv.

All waste disposal areas and equipment shall be screened from view.

vi.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

(3)

Bar or nightclub with adult entertainment.

Such use shall not be located within 1,000 feet of any church, school, day care center or residence.

ii.

The primary structure shall be set back a minimum of 300 feet from any residential use or zone, measured at the property lines.

iii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening must be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, must be installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

vi.

All waste disposal areas and equipment shall be screened from view.

vii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

Service business (article IV, section 9).

Reserved.

Retail business (article IV, section 10).

Reserved.

Transportation uses (article IV, section 11).

Reserved.

Wholesale business and storage (article IV, section 12).

Reserved.

Industrial uses (article IV, section 13).

Reserved.

Cannabis uses (article IV, section 14).

(1)

Cannabis or marijuana cultivator, cannabis retailer or marijuana retailer, cannabis testing laboratory or compassion center.

Receipt of a license issued by the cannabis control commission.

ii.

Site conditions.

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

No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.

iii.

Conditions of operations. In addition to the rules promulgated by the cannabis control commission the following operational conditions shall apply:

Parking. The proposed cannabis retailer shall comply with the parking requirements as set forth in article X of this Code.

The zoning board may impose additional operational conditions or further restrict existing minimum conditions subsections o.(1)iii.A through F above.

iv.

Findings. In addition to the findings required in article XVI, section 2, the zoning board must also find the following:

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

(Ord. of 11-30-23(2); Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 8, 2-24-25)

Tiverton City Zoning Code

ARTICLE XVI

SPECIAL USE PERMITS4

Footnotes:

--- (4) ---

Section 1. - Applicability.

(Ord. of 11-30-23(2); Ord. No. 2024-0006, 6-24-24; Ord. No. 2024-0014, 11-25-24)

Section 2. - Uses not listed in table of uses.

(Ord. of 11-30-23(2))

Section 3. - Findings and recommendations.

(Ord. of 11-30-23(2))

Section 4. - Criteria for all special use permits.

(1)

The public convenience and welfare will be served.

(2)

It will not be detrimental to the public health, safety, morals or welfare.

(3)

It will be compatible with neighboring uses and will not adversely affect the general character of the area.

(4)

It will not create a nuisance in the neighborhood, nor hinder or endanger vehicular or pedestrian movement.

(5)

(Ord. of 11-30-23(2))

Section 5. - Criteria for specific categories of special use permits.

The specific and objective criteria identified below shall not be altered or varied by a dimensional variance under article XVII.

(1)

All such expanded operations shall be located not less than 50 feet from any lot line, and 100 feet from any street right-of-way.

(2)

(3)

(4)

Signs. In considering an application for a special use permit for relief of the sign regulations as contained in article XII, the board must be provided evidence of the following:

(1)

That the establishment of the sign in a completely conforming manner will result in significant damage to the associated business.

(2)

That the establishment of a sign which is nonconforming by size will result in a clear visual improvement to a site by virtue of its replacement of an existing nonconforming sign.

(3)

That the location of the sign on a site in a nonconforming manner is necessary to achieve its intended visual effect.

Residential uses (article IV, section 2).

(1)

Bed and breakfast.

The bed and breakfast shall be a single-family dwelling.

ii.

The bed and breakfast shall be occupied by the owner or operator.

iii.

The establishment must provide a minimum of four en-suite bedrooms available for let. Each en-suite shall include at a minimum a bedroom and a private bathroom ("guestroom").

iv.

The maximum number of transient guests shall not exceed two times the number of guestrooms.

In addition to the guestrooms, the bed and breakfast must include a separate en-suite for the owner or operator's exclusive use.

vi.

Cooking facilities are prohibited in guestrooms.

vii.

No more than one meal daily shall be provided for guests.

viii.

Where the dwelling is served by an OWTS system, the total number of bedrooms (guestrooms plus owner's room) shall not exceed the RI DEM OWTS permit.

ix.

A minimum of one off-street parking space is required per bedroom, including both guestrooms and the owner's suite.

All transient guest parking must be off-street on the same lot as the bed and breakfast.

xi.

No person may occupy said room or rooms more than 14 days in any 30-day period.

(2)

Convalescent, rest or nursing home.

When located in a non-residential district, the structure shall be designed with a lobby entrance along the primary frontage.

ii.

iii.

iv.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

(3)

Retirement residence/assisted living facility/and continuing care facility.

ii.

iii.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

Farming or raising of animals (article IV, section 3).

Reserved.

Public and semipublic uses (article IV, section 4).

(1)

Nonprofit organization club, lodge, social, or community center building.

ii.

(2)

Art center.

ii.

(3)

Child day care center licenses by the state under G.L. ch. 72.1, Licensing and Monitoring of Child Care Providers, and Adult Day Care Programs Licenses under G.L. § 23-1-52.

ii.

(4)

Private trade or professional school.

In the Waterfront District(s), the curriculum of private trade or professional schools must be primarily marine-related.

ii.

Hours of operation shall be between the hours of 6:00 a.m. and 9:00 p.m.

iii.

Any outdoor storage area(s) shall be completely enclosed by a solid fence or wall, including ingress and egress. Storage is prohibited outside of the fenced area.

iv.

In the Waterfront Zone(s), storage areas must be located to minimize visibility first from the water and second from the street.

vi.

vii.

viii.

Parking shall be provided on-site to prevent overflow onto residential streets. The parking area must be clearly marked and must direct traffic away from residential neighborhoods.

ix.

(5)

Cemetery or burial ground, whether public or private.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

(6)

Columbarium.

In considering an application for a special use permit to allow the use of land for a cemetery, columbarium, or burial ground, the board must be provided evidence of the following:

The area to be used as a cemetery, columbarium, or burial ground will have permanent boundary markers and have a minimum size of not less than 625 square feet.

(7)

Pharmacy (with drive-through).

ii.

iii.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Public utility uses (article IV, section 5).

(1)

High voltage electric transmission towers.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

(2)

Towers, including, but not limited to, radio frequency towers.

ii.

Towers must be set back a minimum of 500 feet from any residential zoning district or occupied residential structure to reduce visual and noise impacts.

iii.

Towers must maintain a minimum buffer of 200 feet from wetlands, water bodies, and critical wildlife habitats as identified by the Rhode Island Department of Environmental Management (DEM).

iv.

Towers shall not be located within designated scenic corridors, historic districts, or within 1,000 feet of any property listed on the National Register of Historic Places.

The maximum height of towers shall not exceed 150 feet unless a variance is granted, considering the topography and potential visual impact on surrounding areas.

vi.

vii.

Towers shall be designed to accommodate multiple antennas or services to reduce the need for additional tower construction in the area.

viii.

ix.

Towers must comply with the guidelines set by the Federal Communications Commission (FCC) and the Rhode Island Department of Health for EMF exposure to ensure public health and safety.

Adequate access must be provided for emergency vehicles, and a fire safety plan must be approved by the local fire department prior to construction.

xi.

Noise generated by the operation of towers, including associated equipment, shall not exceed 50 decibels at the property line of the nearest residential property.

xii.

The installation and operation of towers must ensure that vibrations do not exceed local ordinances, particularly during construction and maintenance activities.

xiii.

xiv.

The property owner must maintain all landscaping in good condition, replacing any dead or diseased plants promptly.

xv.

xvi.

No signage or advertising is permitted on the tower structure itself, except for necessary safety or identification signs required by law.

xvii.

Recreation uses (article IV, section 6).

Reserved.

Office uses (article IV, section 7).

(1)

Any of the above permitted uses within this section that includes a drive-through.

ii.

iii.

iv.

In the Waterfront Zone(s), menu boards are prohibited in the drive-through lane.

Restaurants and entertainment (article IV, section 8).

(1)

Restaurant, including entertainment.

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines.

ii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

iii.

The maximum volume, irrespective of the format, is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening shall be provided between the restaurant and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence shall be constructed of materials that complement the surrounding environment and provide a continuous barrier.

vi.

All waste disposal areas and equipment shall be screened from view.

(2)

Bar or nightclub with or without entertainment (not including adult entertainment).

The primary structure shall be set back a minimum of 100 feet from any residential use or zone, measured at the property lines, except in the Waterfront Zone(s).

ii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iii.

Screening shall be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

iv.

All waste disposal areas and equipment shall be screened from view.

vi.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

(3)

Bar or nightclub with adult entertainment.

Such use shall not be located within 1,000 feet of any church, school, day care center or residence.

ii.

The primary structure shall be set back a minimum of 300 feet from any residential use or zone, measured at the property lines.

iii.

The maximum noise level is limited solely to the boundaries of the premises at all times and must comply with chapter 38, article IV of the Tiverton Code of Ordinances.

iv.

Screening must be provided between the facility and any adjacent residential uses. This screening may include a combination of the following:

A dense vegetative buffer consisting of evergreen trees or shrubs, at least six feet in height at the time of planting, must be installed along the property line adjacent to residential lots.

A solid fence to further reduce visual and noise impact. The fence should be constructed of materials that complement the surrounding environment and provide a continuous barrier.

vi.

All waste disposal areas and equipment shall be screened from view.

vii.

The restaurant will not employ flashing, laser, or strobe lights that are visible outside of the building.

Service business (article IV, section 9).

Reserved.

Retail business (article IV, section 10).

Reserved.

Transportation uses (article IV, section 11).

Reserved.

Wholesale business and storage (article IV, section 12).

Reserved.

Industrial uses (article IV, section 13).

Reserved.

Cannabis uses (article IV, section 14).

(1)

Cannabis or marijuana cultivator, cannabis retailer or marijuana retailer, cannabis testing laboratory or compassion center.

Receipt of a license issued by the cannabis control commission.

ii.

Site conditions.

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

No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.

iii.

Conditions of operations. In addition to the rules promulgated by the cannabis control commission the following operational conditions shall apply:

Parking. The proposed cannabis retailer shall comply with the parking requirements as set forth in article X of this Code.

The zoning board may impose additional operational conditions or further restrict existing minimum conditions subsections o.(1)iii.A through F above.

iv.

Findings. In addition to the findings required in article XVI, section 2, the zoning board must also find the following:

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

(Ord. of 11-30-23(2); Ord. No. 2024-0010, 6-24-24; Ord. No. 2025-0001, § 8, 2-24-25)