The purpose of the rural business district is to establish and maintain a zoning district of mixed commercial uses characterized by architectural and site design standards consistent with providing a aesthetically unobtrusive gateway to the town, with sidewalks where applicable; safe vehicular access; shared off-street parking dispersed into small, landscaped lots; trees; and access and visual rights-of-way to the Palmer River and other environmentally rich lands.

The rural business district is designed to ensure development of Warren's commercial gateway 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, including site and architectural design which is compatible with purposes of this article, convenient provisions of automobile access and circulation, landscaping, appropriate signage and lighting, with unobstructed views and access to environmentally rich areas in the district.

[C]

The preservation of important cultural and historical resources, both natural and man-made, and the consideration of development impacts on valuable natural resources, including the Palmer River.

[D]

Establishing this northern portion of Market Street as a gateway to the Town of Warren with a boulevard feel of tree-lined streets, pedestrian friendly sidewalks and curbing.

The boundaries of the rural business district are shown on the Town of Warren 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 addition, removal, or material change of any type of lighting if visible from a public right-of-way within the district, or an abutting district.

b.

Any replacement structures, including residential buildings.

c.

Any signage visible from a public right-of-way within the district.

Large scale development: A development of new and/or existing buildings on one or more contiguous lots with a combined size of at least forty thousand (40,000) square feet, and/or when the creation of a road is required.

A.

All development within the rural business district is subject to the provisions of this article, article V, and article X as well as all other provisions of this ordinance.

B.

The requirements and standards of this article shall apply throughout the rural business district for change of use, within an existing structure, as permitted under section 32-166 of this article with additional requirements and standards set forth as specified in section 32-170 of this article for parcels abutting the Palmer River, except as noted in this section.

C.

All developments shall be required to construct "farm style" natural stonewalls along property lines abutting streets, driveways and thruways.

D.

All developments shall be required to plant street trees and landscape areas along streets, driveways and thruways.

E.

All developments must provide for, construct, or improve sidewalks along all streets, driveways and thruways abutting development

F.

All applications for development within the rural business district must submit a site plan, prepared by a registered professional engineer. The site plan shall be reviewed by the planning board. Site plans shall identify all existing and proposed structures, landscaping, sidewalks, buffer areas, fencing, screening, proposed signage, drainage, utilities, parking areas, maneuvering areas, entrances and exits. In the case of major land development projects site plans must be accompanied by an impact report that includes effects of the proposed development on utilities, traffic, municipal services, neighboring land uses, and sensitive environmental areas.

G.

The planning board shall review the site plan to assure the safety of traffic movement both within the area covered by the development and in relation to adjacent streets and pedestrian activity; the effect of the proposed development on neighboring land uses; impact on public services. The planning board shall also review the proposed plan as to its compatibility with the Warren Comprehensive Plan as it relates to commercial development. The planning board shall report its findings to the zoning board of review.

H.

Subsections 32-167C—G of this ordinance shall not apply to those existing structures located in the rural business zone applying for a change of use as permitted under section 32-166 of this ordinance.

All uses permitted within the rural business district shall require a special use permit, unless otherwise indicated. Those uses permitted within the rural business district by special use permit are:

*A farm that is greater than ten (10) acres and has been in operation as a farm engaged in agriculture, horticulture, stabling of animals, commercial greenhouses or nurseries, and aquaculture, engaged in any form of such listed activities ten years prior to seeking designation as a farm, shall be considered a farm for purposes of this ordinance and a permitted use, without need for a special use permit, in the Rural Business District.

(Amd. of 10-8-13; Amd. of 6-9-15)

Dimensional requirements for this district are designated in article XIII of this ordinance. Additional dimensional and design requirements specific to development in the rural business district shall include the following:

A.

Setbacks. Rural business uses which abut lots with existing non-conforming residential uses shall incorporate a forty-foot setback from the property line of the residential use that shall include a twenty-foot vegetated strip. Front yard setback for structures with frontage on Market Street shall be limited to thirty (30) feet, whereas the front yard setback along all other streets shall be limited to fifteen (15) feet. Side yard setback shall be limited to thirty (30) feet, and rear yard setback shall be limited to twenty (20) feet, in all other instances.

B.

Height. Maximum height of a principal structure within any development shall be limited to thirty (30) feet. The height of accessory structures shall not exceed fifteen (15) feet.

C.

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

D.

Lot frontage. A minimum of one hundred (100) feet of lot frontage is required in the rural business district.

E.

Lot coverage. Maximum lot coverage shall not exceed sixty (60) percent of the overall lot size. Lot coverage shall include buildings, accessory structures and all impervious surfaces. Unbuildable area(s) of parcels shall not be included in the overall calculation for lot coverage. Abutting parcels under common ownership, as defined in article XIV of this ordinance, shall be considered as one (1) parcel for lot coverage calculations.

F.

Facades. All buildings within the district shall have street side facades constructed with aesthetically appropriate materials, including but not limited to, brick, stone and other finish masonry materials, traditional New England materials, including clapboard, shingles and other similar products as deemed appropriate by the planning board during site plan review.

G.

Accessory structures. No accessory structure shall be constructed within forty (40) feet of any residential boundary.

H.

Buffer areas. A buffer of plantings shall be placed along the property boundaries. There shall be a landscaped buffer of twenty (20) feet between any rural business use and the lot line of any residential property. The landscaped buffer, in all instances shall consist of trees and shrubs of varieties proven hardy and prosperous in New England coastal areas and of sufficient size to add immediate buffer. Where applicable solid fencing may be required.

I.

Utilities. All utilities shall be placed underground.

J.

Parking. Shared parking of abutting developments shall be required to reduce additional curb-cuts along Market Street. Parking lots containing ten (10) or more spaces shall be planted with at least two (2) trees and shrubs for every five (5) spaces. Trees and shrubs shall be evenly distributed on the periphery of parking lots and within parking lots. Minimum size of trees shall meet those required in the Warren Planning Board Rules and Regulations for Subdivisions. Planted islands are required for every fifteen (15) spaces.

K.

Fences. Fencing proposed along rear and side property lines, that are screened from public view may be constructed of any material as approved during site plan review by the planning board. All fencing proposed along the front and side property lines that are viewable by the public shall be constructed of wood and shall not exceed four (4) feet in height.

L.

Walls. Stone walls shall be a minimum of three(3) feet tall, and two (2) feet wide, and shall not exceed five (5) feet in height.

A.

Building facades must contain street level windows. The street-side facade of a building shall not consist of an unarticulated blank wall or an unbroken series of garage doors.

B.

New buildings and additions to existing buildings must have a traditional roof form. No flat roofs shall be allowed.

C.

A complete landscaping plan, stamped by a licensed landscape architect, including all plantings shall be submitted for approval. Landscaping 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 possible. Street trees, with minimum size as set forth by the Warren Planning Board Rules and Regulations for Subdivisions, shall be required for development with frontage on Market Street.

D.

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

E.

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.

F.

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

G.

The layout and design of vehicular 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;

4.

Safe arrangement and use of parking areas; and

5.

Linkage to abutting parking areas, either within one (1) development parcel or several regardless of ownership, where applicable.

H.

Large scale development shall site parking area at the side or rear of any structures whenever applicable.

I.

Scenic views and historically significant landscape features shall be preserved to the maximum extent reasonably possible. The siting of proposed buildings should not obstruct in full view(s) of the Palmer River.

J.

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

K.

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.

L.

The planning board may request review and recommendations from other town boards, commissions or departments prior to granting approval to site plan review.

A.

Design requirements.

1.

Signs for developments with more than one (1) use or primary building shall have a uniform signage design. A combination of no more than two (2) types of signage may be displayed per use, regardless of the number of occupants.

2.

Developments housing a single use shall be permitted no more than two (2) signs of any type.

3.

One (1) freestanding sign per development shall be permitted.

4.

Internally illuminated signs are prohibited.

5.

The area surrounding freestanding signs shall be landscaped.

B.

Size.

Maximum signage area. Total amount of signage per development shall not exceed thirty (30) square feet. In calculating total square feet of signage, area of freestanding signs, wall-mounted signs and awning signs shall be taken into consideration for each development. Symbols shall count toward the calculation of total area.

Freestanding signs—Individual business development.

1.

Maximum height—Eight (8) feet. Height will be measured from the natural level of the ground at the base of the sign to the highest point of the sign or sign support, whichever is taller.

2.

Area (maximum square footage)—Twelve (12) feet. In the case of two-sided signs, each side shall be measured in calculating the maximum square footage.

Freestanding signs—Multi-use business development.

1.

Maximum height—Ten (10) feet. Height will be measured from the natural level of the ground at the base of the sign to the highest point of the sign or sign support, whichever is taller.

2.

Area (maximum square footage)—Eighteen (18) feet. In the case of two-sided signs, each side shall be measured in calculating the maximum square footage.

Wall-mounted signs.

1.

Sign shall not project more than six (6) inches from the surface upon which it is mounted.

2.

Sign shall not extend above the lowest point of the roof, nor beyond the ends of the wall to which it is attached.

3.

Sign area shall be determined by multiplying the measured length of the sign board or total length of affixed letters and symbols, by the height of sign board or affixed letters and symbols.

Awning signs.

1.

Lettering shall be contained within the valance of the awning, or in the case of an awning with no valance, within the lowest extended portion of the awning, closest to the ground.

2.

Lettering and symbols on awning sign shall not exceed ten (10) inches in height.

3.

Awning sign area shall be determined by measuring the length of the printed area of the awning and multiply by the letter and symbol height.

C.

Sign placement.

1.

No sign shall be placed within ten (10) feet of street curb.

2.

No sign shall be affixed to a fence, utility pole, or traffic control structure, tree, shrub, rock or other natural object.

3.

Signs affixed to a structure shall not obscure arches, sills, molding, cornices and other similar architectural features.

4.

Off-premise signs shall be permitted through the provisions of article XX, subsection 32-113A of this ordinance. An off-premise sign shall count as one of the two (2) permitted signs per use.

D.

Prohibited signs.

1.

Billboards.

2.

Temporary window signs.

3.

Streamers, pennants, ribbons, banners, balloons, strings of lights, spinners; except in the case of a grand opening announcement, and shall be removed within two (2) weeks of opening.

4.

Internally illuminated signs.

5.

Neon and day-glow signs.

6.

Signs with moving parts.

7.

Flashing signs.

8.

Projecting signs.

9.

Roof-mounted signs.

10.

Portable signs.

E.

Exemptions.

1.

Signs posted for public safety.

2.

Non-business informational and directional signs.

3.

Signs relating to trespassing and hunting—Such signs shall not exceed two (2) square feet.

4.

Real estate signs—One (1) allowed per property for sale/rent, only while the property is offered.

5.

Memorial sign or tablet.

6.

Flags of national, state, local origin.

7.

Address signs.

F.

Nonconforming signs.

1.

Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this article, may continue until such time that said sign is in need of structural improvements or replacement, in part or whole.

2.

Replacement. Any sign replacing a nonconforming sign shall conform with the provision of this article, and the nonconforming sign shall not longer be displayed. Any sign deemed unsafe the building official shall be replaced.

G.

Permitting of signs. It shall be unlawful for any person to erect, display alter or enlarge any sign as defined in this ordinance without first obtaining a permit from the building official. Any signs erected within the district shall be reviewed and approved by the building official for compliance with the article and other provisions of the zoning ordinance, town code, and all state building codes. No permit need be applied for exempt signs (subsection E of this section). Permits shall be issued only if the building official determines the sign complies, or will comply, with all applicable ordinances and building codes.

The importance of the Palmer River and its abutting ecologically sensitive land is recognized by the Town of Warren, and therefore all development on parcels abutting the Palmer River shall conform to the following regulations:

1.

All wetland area and areas supporting rare/endangered species of wildlife and fauna will be protected from the impact of development with a required one hundred-foot buffer.

2.

Wetland and areas supporting rare/endangered species of wildlife and fauna shall not be used in the calculation of buildable land area.

3.

All structures will be sited as to not negatively impact the scenic quality of the land from Market Street. Sightlines to the Palmer River shall not be blocked in whole by any structure or combination of structures, this shall include signage and lighting viewable from the street and from the river.

4.

Where determined applicable during site plan review, access will be provided to the Palmer River, permitting pass and repass, and shall be noted on approved site plan.