The purpose of the waterfront overlay district is to establish and maintain a zoning district of mixed uses characterized by architectural and design standards consistent with traditional New England maritime centers, with sidewalks; pedestrian-friendly access; storefront windows allowing window shopping; walkways, bicycle paths; off-street parking dispersed into small, landscaped lots; trees; and access and visual right-of-ways to waterfront.

The overlay district is designed to ensure development of the waterfront in a manner that ensures the following:

A.

Development in a manner consistent with the goals and policies of the Warren Comprehensive Plan.

B.

Orderly and harmonious development along the waterfront, including site and architectural design which is compatible with traditional New England maritime centers, and the surrounding area, safe and convenient provisions of automobile and pedestrian access and circulation, landscaping and appropriate signage and light.

C.

The preservation of important cultural and historical resources and the consideration of development impacts on valuable natural resources, including the Warren River.

The waterfront overlay district is an overlay zoning district as defined in the Rhode Island General Laws, § 45-24-31(50).

The waterfront overlay district shall be defined as the waterfront district (W) and those parcels located in the special district (SD) specifically referred to in section 32-42K.1 of this ordinance.

The boundaries of the waterfront overlay district and development parcel, are shown on the town official zoning map.

Alteration: An exterior change to an existing structure. The use of different materials does not constitute an alteration if the structure is not otherwise changed. For purposes of this article, alteration does not include routine landscaping or building maintenance.

Demolition: An intentional act or process that destroys a structure entirely or in substantial part. For purposes of this definition, "substantial part" means destruction of greater than fifty (50) percent of the physical structure.

Development: The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any commercial or mixed-use residential structure, any mining, excavation, landfill or land disturbance; or any change in use, or alteration or extension of the use, of land. However, for purposes of this article, development does not include:

1.

Routine landscaping or building maintenance; or

2.

Repairs or other work necessary to protect life or property in the event of fire, natural disaster, or other emergency. Development shall include:

a.

Any material change in existing property boundary walls, fences, driveways or parking areas, or construction of new walls, fences, driveways or parking areas, if such change or construction is subject to view from a public right-of-way within the district.

b.

Any addition, removal, or material change of any type of lighting if subject to view from a public right-of-way within the district.

c.

Any replacement structures, including residential buildings.

Development Parcel 1: That portion of the waterfront overlay district designated as Plat 1, Lot 2, of approximately 60,168 square feet, on the Town of Warren Tax Assessor Maps, dated March 31, 1988.

Large scale development: A development of new and/or existing buildings on one or more contiguous lots with a combined size of at least twenty thousand (20,000) square feet.

A.

Establishment. The Warren Planning Board is hereby established as the development plan review body for the waterfront overlay district, pursuant to the Rhode Island General Laws, §45-24-49. An ex officio non-voting member shall also serve as a member of the board. The ex officio non-voting member shall be a member of the Town of Warren Voluntary Historic District Committee.

B.

Duties and powers.

1.

The planning board shall review all development and demolition in the waterfront overlay district pursuant to the procedures, requirements, and standards of this article.

2.

With respect to applications involving only uses that are permitted by right under the zoning ordinance, the planning board shall approve or approve with condition the application based solely upon specific and objective requirements and standards of this article.

3.

With respect to applications involving uses that require a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map change, the planning board shall first review the application and accompanying plans for compliance with this article and shall vote to either disapprove or conditionally approve the application. The planning board shall forward the application to the zoning board of review or the town council, as appropriate, accompanied by a written opinion recommending approval, approval with conditions, or disapproval.

4.

The planning board shall hold a public hearing on each application for large-scale development or demolition within the waterfront overlay district. Notice of such hearing shall be made to the applicant, landowners, and to the general public in accordance with the requirements of section 32-20 of this ordinance. The cost of notification shall be borne by the applicant.

5.

To assist in its review of applications for development or demolition within the waterfront overlay district, the planning board may request comments from other agencies and officials of the town.

6.

The planning board may provide advice and assistance to property owners, and to the town, on design and planning issues within the waterfront overlay district.

7.

The planning board shall have the right to retain the services of professional help reasonably required to carry out the purposes of this article. Any expense incurred in the retention of such professional assistance shall be borne by the applicant, provided that such services are rendered solely with respect to the applicant's proposed development.

C.

Voting.

1.

Separate votes shall be taken for each application. Disapproval of an application within the waterfront overlay district is appealable to the zoning board of review under Rhode Island General Laws, § 45-24-64.

2.

The concurring vote of the majority of the review board shall be necessary to approve an application.

A.

Application.

1.

A written application for any development or demolition within the waterfront overlay district shall be submitted, together with a site plan(s), maps and other required documentation, to the planning board administrative officer, who shall forward the application and supporting documents to the planning board. All applications shall be on official forms published by the board. If further documentation is required by the planning board the applicant must provide the requested documents prior to hearing of the application.

2.

Site plans shall identify all existing and proposed structures, landscaping, sidewalks, buffer areas, fencing, screening, drainage, utilities, parking spaces, maneuvering areas, entrances and exits. Building elevations, with exterior materials specified, shall also be provided. In the case of large-scale development, site plans must be accompanied by an impact report that includes effects of the proposed development on utilities, traffic, municipal services and neighboring land uses.

3.

All applications shall be accompanied by a filing fee in an amount determined by the town council and posted as part of the Warren Planning Board Fee Schedule.

4.

An applicant shall submit six (6) copies each of the application and all required plans and drawing to the planning board. The application material must be submitted twenty-one (21) days in advance of the regular monthly planning board meeting and be accompanied by any necessary supporting documentation. In the case of large-scale development or demolition the names and addressed of all abutters within two hundred (200) feet of the proposed development must be included.

5.

In the case of a development which requires twenty (20) or more parking spaces, a traffic impact assessment report shall be included as supporting documentation.

6.

A copy of the complete application shall be forwarded to the Town of Warren Voluntary Historic District Committee for recommendation and review. The application shall be forwarded by the planning board administrative officer.

B.

Decision.

1.

All decisions by the planning board on applications for development or demolition within the waterfront overlay district shall be in writing and shall state the reasons for the action taken, including any conditions imposed or recommended. A copy of the written decision shall be filed in the zoning records of the town, and a copy of the recorded decision mailed to the applicant.

2.

Decisions containing recommendations to the zoning board of review or the town council shall be promptly forwarded, with the record, to the appropriate body for its decision.

A.

Generally.

1.

No development, as defined in this article, shall be commenced within the waterfront overlay district without the prior approval or recommendation of the planning board pursuant to the provisions of this article.

2.

All development in the waterfront overlay district is subject to the provisions of this article in addition to all other provisions of the zoning ordinance. In the event of conflict between a provision of this article and any other provision of the zoning ordinance, the provision of this article shall prevail.

3.

The requirements and standards of this section shall apply throughout the waterfront overlay district. Additional requirements and standards are set forth for particular development parcels.

B.

Objectives and intent.

1.

To accomplish the purpose of the waterfront overlay district, as stated in section 32-147 of this article, this section describes the general objectives and intent of the town in establishing requirements and standards for development and demolition within the overlay district. The provisions in this section are provided for guidance to the planning board and to all who have an interest in property within the district. These guidelines should be followed as closely as possible by the board in interpreting and applying the requirements and standards of this article.

2.

Buildings in the waterfront overlay district should be planned to promote opportunities for walking and bicycling as well as private motor vehicles and public transportation.

3.

All development in the district should be visually compatible with the immediately surrounding area, in terms of the following factors:

a.

Scale of buildings. The scale of a building should be visually compatible with its site and surrounding buildings or the desired character of the district.

b.

Facade materials. Acceptable materials should include, wooden clapboards, shingles, patterned shingles, brick, and stone, depending on the architectural style of the building.

c.

Site features. The size, placement and materials of walls, fences, signs, driveways and parking areas may have a visual impact on a building. These features should be visually compatible with the building and neighboring buildings.

C.

Dimensional requirements.

1.

Setbacks. The maximum front setback allowed by the underlying zoning or the average of the actual setbacks of the principal buildings on lots fronting on the same street, whichever is less. Required front setback areas for mixed use residential buildings shall not be paved or used for parking other than driveway access to rear parking. For other buildings, required front setback areas shall not be used for parking.

2.

Building size. No building in a large scale development shall exceed eight thousand (8,000) square feet in footprint area unless, (1) the facade on any side exceeding forty (40) feet is interrupted with salient architectural features to scale down building mass.

D.

Design requirements.

1.

Building facades must contain street level windows and main entrances from the sidewalk. The street side facade of a building shall not consist of an unarticulated blank wall or an unbroken series of garage doors.

2.

The exterior of new buildings and additions to existing buildings must be of building materials traditionally used in New England as listed in section 32-151B of this ordinance.

3.

New buildings and additions to existing buildings must have a traditional roof form. All mechanical devices located on the roof shall be shielded from view from the street.

4.

Exterior lighting shall be designed to minimize impact on neighboring properties. Fixtures illuminating building facades shall be shielded and directed toward the building.

5.

Air conditioning and ventilation units, storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings and similar structures shall be designed and screened or located to provide an audio-visual buffer sufficient to minimize adverse impact on other land uses within the development area and surrounding properties.

6.

The location and design of all development on a lot shall permit easy and safe access of fire, police, and other emergency vehicles.

7.

The layout and design of vehicular, bicycle, and pedestrian circulation, including walkways, interior drives, and parking areas, shall provide for (1) safe general circulation, (2) separation of pedestrian and vehicular traffic, (3) service traffic and loading areas, and (4) safe arrangement and use of parking areas.

8.

The design of the landscaping, including plantings, shall define, soften, and/or screen the appearance of parking areas from public rights-of-way and abutting properties, and minimize the encroachment of proposed uses on neighboring land uses. Existing trees and vegetation shall be preserved to the maximum extent reasonably possible.

9.

Scenic views and historically significant landscape features, such as stone walls, picket fences and large trees shall be preserved to the maximum extent reasonably possible.

E.

Parking and traffic circulation.

1.

Parking lots on adjoining commercial lots developed at the same time shall be connected internally to each other to allow for channeled-through traffic between the lots and reduce the need for multiple curb cuts.

2.

Parking lots shall be protected with suitable guards, rails, islands, crosswalks, speed bumps, and similar devices deemed necessary for safety by the planning board.

3.

Shared parking. Development projects containing mixed uses with staggered peak periods of demand, shall share parking areas. The availability of shared parking on the same lot and/or on-street parking may support a recommendation for a variance from parking requirements. Parking requirements may be satisfied by agreement for shared parking with uses on adjacent lots by obtaining a variance from the zoning board of review conditioned upon continuance of the shared-parking agreement.

4.

Parking lots containing ten (10) or more spaces shall be planted with at least one (1) tree or shrub for every five (5) spaces. Trees and shrubs shall be evenly distributed on the periphery of lots or within the lot. To the extent practicable, existing vegetation shall be retained and used.

A.

Generally. The requirements and standards in this section are in addition to the requirements and standards forth in section 32-152.

B.

Permitted uses.

1.

Uses permitted by right within Development Parcel 1 shall be limited to Town owned or privately owned parks or playing fields.

2.

Uses allowed upon issuance of a special use permit by the zoning board of review within Development Parcel 1 shall be limited to; aquaculture; trade school; professional or business office building; commercial recreation structure; restaurant; theater or concert hall; personal and specialty service business uses; boat repair and/or rental services; other retail business uses.