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Warren City Zoning Code

ARTICLE VIII

ZONING DISTRICT USE REGULATIONS

Sec. 32-45.- Interpretation of zoning use table.

The status of the uses listed in this article is indicated by a letter in the appropriate column. The interpretation of these letters shall be as follows:

A.

P - The use is permitted in the designated zoning district.

B.

S - The use is permitted only by special use permit in the designated zoning district. Such special use permit may be granted by the zoning board of review under the procedures and standards outlined in article III and article V, and elsewhere in this ordinance.

C.

Where no letter appears, the use is not permitted in the designated zoning district. Uses not listed in this section or not included within the general description of any category of this section are not permitted in the Town of Warren.

Sec. 32-46. - Agricultural uses.

Agricultural Uses R40 R20 R15 R10 R6 VB B W SD M CI FC RB
Commercial raising of crops P P S P P
Commercial raising of animals excluding hogs P* S* P
Commercial stables or the boarding of horses P* S* P
Commercial nursery or greenhouse S S P P P
Aquaculture P S
Stand for the sale of products grown on the premises P S P S P
Non-residential cooperative cultivation S S S S S S S
Residential cooperative cultivation P P P P P P P P P P P P P
Personal marijuana cultivation P P P P P P P P P P P P P
Licensed cultivator S S S S S S

 

* Requires a minimum of 100,000 square feet of lot area

(Amd. of 4-26-18)

Sec. 32-47. - Residential uses.

Residential Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Apartment Complex S S S
Cluster development under article XVI P P P
Community residence P P P P P P P S
Customary home occupation ** P P P P P P P P
Detached accessory family dwelling unit S ***
Family day care home P P P P P P P S
Guest house or bed and breakfast S S S S S S S S
Hotel S S S
Household P P P P P P P S
In-law apartment under article XXIV S S S S S S S S S
Mixed use, residential S S S S
Motel or tourist court S
Multi-family dwelling S* S S
Renting of up to two rooms in a dwelling by a resident family P P P P P P P P
Single-family dwelling P P P P P P P
Two-family dwelling S S S S S S

 

* Such multi-family dwelling within an R-10 district shall be limited to a three-family dwelling and shall not involve the construction of a new building, but rather the alteration of an existing building to provide a third dwelling unit with the following restrictions and requirements: there shall be no exterior modifications to the building; the third dwelling unit shall consist of a minimum of eight hundred (800) square feet of livable floor space; access to the third unit must be provided by both front and rear interior stairways; and the construction shall conform to all current applicable state codes.

** Such home occupation shall be carried on within a dwelling, require no exterior alterations to said dwelling and use only tools or implements normally found in a dwelling; such occupation shall use no more than fifty (50) percent of the area of one (1) floor, shall employ no non-resident personnel and shall require no outdoor or visible storage.

*** Detached accessory family dwelling unit within an R-40 district shall be limited to a single accessory structure which existed together with the principal structure as of January 1, 2000, on parcels containing not less than five (5) acres, all dimensional requirements of the zoning regulations are met, living space in the accessory structure shall only be within the existing footprint and roof line of the existing structure other than open decks and porches as allowed by the zoning regulations and board upon review, it shall consist of a minimum floor footprint of eight hundred (800) square feet, all utilities including water, electric, heating and sewer/septic on site are adequate to support the propose use independent of the principal dwelling unit, vehicle ingress and egress is adequate to the satisfaction of the heads of the police, fire, highway departments and the building official, the property owner resides on the same lot as the detached accessory family dwelling unit, neither the attached family dwelling unit nor the existing residential structure shall be sublet or subleased at any time, scaled plans of any proposed remodeling have been submitted to the building official and the Zoning Board, prior to occupancy, affidavits (such as exhibit A to these ordinances to be determined by the building official) reciting the names and family relationships among the parties seeking approval shall have been signed and submitted with the building official and shall be annually thereafter submitted to the building official concurrent with the payment of the first quarter tax payment, for the duration of the occupancy; within sixty (60) days of the vacancy of the detached accessory family unit, the owner shall remove any kitchen facilities in such unit and notify the building official to inspect the premises which right of inspection shall continue for three (3) consecutive years from the time of vacancy allowing at least three inspections per year. The special use authority shall terminate and all kitchen facilities shall be removed upon transfer of the property.

(Amd. of 4-12-16)

Sec. 32-48. - Outdoor recreation uses.

Outdoor Recreation Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Golf course not including miniature golf or a driving range S S
Town owned park or playing field P P P P P P P P P P
Bathing beach S S S S S S S
Any other outdoor recreation use S S

 

Sec. 32-49. - Public and semi-public uses.

Public and Semi-Public Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Church or other place of worship S S S S S S S S S S
Medical center or hospital, not for mental or addiction treatment S S
Veterinary hospital or animal shelter S S S
Social, fraternal or charitable club, not including commercial activity S S S
Town owned recreation facility P P P P P P P P
Convalescent, nursing or rest home S S S S
Assisted living facility S S S S S S S
Public educational institution P P P P P P P S
Private educational institution S S S S S S S
Day care center or pre-school, including one accessory to a business establishment S S S S S S S S S S
Trade school S S S S P S
Nonprofit rescue organization* P P P P P P

 

*Additional licensing requirements may exist. See Chapter 3 of the Town Code, Animals and Fowl for additional information.

(Amd. of 1-8-13; Amd. of 2-14-17)

Sec. 32-50. - Office uses.

Office Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Professional office in a dwelling* S S S S P P P S
Professional or business office building S P P P S S S
Bank, credit union or loan agency P P P S
Office use with drive-through service S S S
Office for a wholesale or manufacturing use P P P P P S

 

* Such professional office shall consist of one (1) professional person (physician, attorney, etc.) who is a resident of the premises, and not more than one (1) non-resident associate or employee, conducting business within a dwelling, provided there shall be no exterior alteration to the structure and no sale of products on the premises.

Sec. 32-51. - Eating and entertainment uses.

Eating and Entertainment Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Restaurant S S S S
Tavern, bar or night club S S S
Restaurant or other use with drive-through services S
Commercial recreation structure S S S S
Theater or concert hall S S S S

 

Sec. 32-51.5. - Artistic and cultural activities.

Artistic, Cultural, Creative Use R40 R20 R15 R10 R6 VB B W SD M CI FC
Artist work or sale space (studio/gallery) P P P P P P
Artisan manufacturing and Production (see definition below) and sale space S S S S P P
Artist business support services P P P P P P
Art/cultural exhibitions P P P P P P
Artist business support services S P P P P P P
Rehearsal studio (commercial) P P P P P P
Theater/Dance/Musical Instruction S S S S P P P P P P
Arts/Cultural Business Office(see 32-50 Office Uses) S P P P S S S
Theater/Dance/Musical Performance (see 32-51 Eating and entertainment uses) S S S S

 

Definitions:

• Artist: For the purposes of this section, an individual who practices one of the fine, design, graphic, musical, literary, computer or performing arts.

• Artist Work or Sales Space: Activities where floor space is devoted to the production, showing or sale of art. Typical uses include art galleries and artist studios. Artist work or sales spaces may be utilized for work only, sale-only or a combination of work and sale space. "Artist," for the purposes of this section, includes painting, drawing, writing, graphics and music.

• Artisan Manufacturing and Production: The on-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, welding, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that "have no negative external impacts on surrounding properties."

• Art/Cultural Exhibitions: Exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

• Artist Business Support Services: Clerical, employment or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services.

(Amd. of 2-11-14)

Sec. 32-52. - Service business uses.

Service Business Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Barber, beauty, shoe repair, tailor, laundry, tattoo salon and similar personal service business uses P P S S
Print shop, photo studio and similar specialty service business uses S S S S S
Radio, television or appliance repair P P S S
Mortuary or funeral home, not including crematory facilities S S S P
Catering services P P S S S S
Landscaping services P P S
Gasoline filling station, [including] minor automotive repairs S
General automotive repair or body shop S S S
Motor vehicle rentals, including limousines S
Boat rentals S P S
Boat repair and service S P S S S
Laundromat or coin operated washing or dry cleaning shop S S
Car washing establishment S S
Mini-storage* S
Service business use with drive-through service S
Business incubator facility S S S

 

* Subject to article IX 32-61, and all other requirements of a major land development.

(Amd. of 10-12-10; Amd. of 5-13-14)

Sec. 32-53. - Retail business uses.

Retail Business Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Grocery, bakery, drug, variety, delicatessen or similar retail business use P P S S
Camera, hobby, furniture, jewelry, gift and similar specialty retail business uses P P S S
Retail business uses in excess of 1,500 SF of retail space S S S S
Auto or truck sales S
Trailer or mobile home sales S
Boat and ship sales S P S
Package liquor store S S S
Storage of propane gas for retail sale S
Retail business use with drive-through service S
Retail sales of goods and products as an accessory to a permitted manufacturing use S P P
Commercial pet sale establishment**
Commercial pet adoption establishment** S S S

 

* The area devoted to the retail sales shall be limited to ten (10) percent of the area used for manufacturing, not to include areas used for storage or offices, however, said area shall not exceed five thousand (5,000) square feet.

**Additional licensing requirements may exist. See Chapter 3 of the Town Code, Animals and Fowl for additional information.

(Amd. of 2-14-17)

Sec. 32-54. - Transportation uses.

Transportation Uses R40 R20 R15 R10 R6 VB B W SD M CI
Heliport S S S S
Commercial off-street parking facility S S S
Boat Dock S S S S S S S
Ship dock or marina S S
Motor freight terminal S S S

 

Sec. 32-55. - Wholesale business and storage uses.

Wholesale Business and Storage Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Wholesale business and storage of non-flammable and non-explosive materials within a structure S S S S P S
Open lot storage of new building materials or machinery S S
Storage of flammable materials S

 

Sec. 32-56. - Utilities and communications uses.

Utilities and Communications Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Communication studio S P S S S
Transmission and cellular communication towers, including antenna attached to existing structures, and any modifications thereto S S S S
Electric power generating station S S S
Electric power sub-station S S
Telephone exchange, including accessory service facilities P P P S
Water supply reservoir or well field, including purification facilities P S S S S
Water storage tower S S S S S S S S S S S
Sewage or water pumping station S S S S S S S S S S
Sewage treatment plant S S S S
Public utility, not otherwise specified S S S S S S S S S S S
Solar Energy - Utility Scale Facility S* S* S* S*

 

*Lot size must exceed twenty (20) acres.

*Renewable energy - utility scale facility means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy utility scale facility is to provide energy for the commercial facility on which said facility is located or to produce energy solely to off-load electricity to the grid. Any excess energy produced by a commercial facility may be off-loaded to the grid.

1.

Solar photovoltaic installation - Utility scale facility shall comply with the following:

a.

No individual panel within a ground-mounted solar photovoltaic installation shall exceed fifteen (15) feet in height, as measured from pre-development lot grade at the location of the panel;

b.

All panels and other equipment and structures that are part of the installation shall be setback from all property lines as set forth in sections 32-77 and 32-78;

c.

A ground-mounted solar photovoltaic installation shall not be subject to the floor to area ratio standard (FAR) as set forth in sections 32-77 and 32-78;

d.

A roof-mounted solar photovoltaic installation shall not exceed the permitted building height as set forth in sections 32-77 and 32-78;

e.

A ground-mounted solar photovoltaic installation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.

2.

The Zoning Board of Review may not grant a permit or variance unless it finds, in writing, that:

a.

The construction of a solar photovoltaic installation - utility scale facility shall be allowed pursuant to this use table if the use complies with all requirements set forth in this chapter. All such facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts;

b.

The specific site is an appropriate location for such use;

c.

The use will not adversely affect the neighborhood;

d.

There will not be any serious hazard to pedestrians or vehicles from the use;

e.

No nuisance will be created by the use; and

f.

Adequate and appropriate facilities will be provided for the proper operation of the use.

* Additional special use permit requirements are as follows:

(1)

Site plan review and recommendation from the Planning Board is required.

(2)

Setbacks of sixty (60) feet, with thirty (30) feet of natural screening vegetated pollenating species buffer or landscaped or fencing screening of eight (8) feet height minimum.

(3)

Minimum parcel size of no less than twenty (20) acres.

(4)

Subject to application requirements, design standards and operation standards.

Application requirements: Solar energy utility scale facility.

For solar energy utility scale facility special use permit approval, the following is required, which supplements, and does not supplant, the other requirements of this section:

A.

A site plan, stamped and signed by a professional engineer licensed to practice in Rhode Island depicting the following:

1.

Property lines and physical features, including roads, for the project site.

2.

Proposed clearing of natural vegetation.

3.

Location of wetlands and evidence of compliance with any local, state or federal requirements.

4.

Proposed layout of the system and any potential shading from nearby structures.

5.

Proposed screening consisting of natural plantings or landscaping designed to screen the installation but not impede its solar energy capture efficiency. A newly landscaped vegetative buffer shall consist of plants from the Rhode Island native plant database and the plan shall be prepared by a registered landscaped architect.

B.

Supplementary information, including:

1.

Documentation of actual or prospective access and control of the project site sufficient to allow for the construction and operation of the proposed energy system.

2.

Name, address, signature and contact information for the project applicant, co- applicant or any agent representing the applicant's proposed system installer.

3.

One (1) or three (3) line electrical diagrams detailing the solar photovoltaic installation, associated components and electrical interconnection methods with all state electrical code compliant disconnects and overcurrent devices shall be shown on the plans.

4.

Documentation of the major system components to be used, including the electric generating photovoltaic panels, mounting system and inverter shall be provided, including applicable Material Safety Data Sheets (MSDS).

5.

A list of any hazardous materials proposed to be located on the site in excess of household quantities, and a plan to prevent their release to the environment, including applicable Material Safety Data Sheets (MSDS).

6.

A cost estimate for decommissioning, including a statement of the methodology utilized in computing the estimate.

7.

A rendering or photo simulation showing the proposed completed project.

8.

An emergency response plan including all means of shutting down the solar installation. The applicant shall provide the name of the contact person throughout the life of the installation annually with the first quarter tax payment. The name of the designated individual shall be kept current and on file with the building official and the Warren Fire Department.

9.

If any hazardous materials are utilized within the solar photovoltaic equipment, impervious containment areas capable of controlling any release to the environment are required.

10.

The applicant shall submit a plan for the operation and maintenance of the installation for approval. The plan shall include measures for:

a.

Safe access- also requires approval from the Warren Fire Chief.

b.

Fire safety- also requires approval from the Warren Fire Chief.

c.

Stormwater control.

d.

Structural repairs.

e.

Integrity of security measures.

f.

Removal and revegetation of the property if the installation is decommissioned.

(Amd. of 1-9-18; Amd. of 12-10-19 )

Sec. 32-57. - Manufacturing and related uses.

Manufacturing and Related Uses R40 R20 R15 R10 R6 VB B W SD M CI FC
Light assembly S S S S S S
Manufacture, compounding, processing or packaging of food products S S S S S
Boat manufacture, ship manufacture S S S S
Manufacture of marine products S S S S
Plumbing, welding, carpentry or similar repair facility S S S S S
Any other manufacturing or related use not specifically listed above and not specifically prohibited under section 32-58 S S S S

 

Sec. 32-58. - Accessory uses.

A.

Any use or structure accessory to, normally incident to and necessary for the operation of a use permitted in the district, located on the same lot or site with the principal use or structure, shall also be permitted in said zoning district.

B.

Any use or structure accessory to, normally incident to and necessary for the operation of a use allowed by special use permit in the district, located on the same lot or site with the principal use or structure, shall also be allowed by special use permit in said zoning district.

Sec. 32-59. - Prohibited uses.

The following uses are specifically prohibited in the Town of Warren:

• Acid manufacture.

• Rendering or reduction of dead animals or offal.

• Brass, steel or iron foundry, steel furnace or rolling mill.

• Cement, lime or gypsum or plaster of paris manufacture.

• Chlorine manufacture.

• Coal distillation and derivation of coal products.

• Creosote manufacture or treatment.

• Drive-in theater.

• Explosive manufacture or bulk storage.

• Foundry and metals processing.

• Industrial gas manufacture.

• Open lot storage or wrecking of junk or salvage materials.

• Open lot storage of solid fuel, sand, gravel or stone, except as incidental and accessory to an otherwise permitted use.

• Petroleum refining.

• Paint, shellac, turpentine or varnish manufacture.

• Slaughterhouse.

• Smelting of tin, copper, zinc or iron ore.

• Stockyard.

• Tanning or curing of raw hides

• Tar distillation or manufacture.

• The use of a trailer or mobile home, whether or not placed on a permanent foundation, as a dwelling.

• Any other manufacturing or related use which cannot comply with the standards contained in section 32-66 of this ordinance.

• Privately owned landfills, sanitary waste disposal sites, hazardous waste disposal sites or incinerators.

• Installation of new residentially used underground storage tanks (UST's) containing petroleum products or hazardous materials.

• Any UST's used for commercial purposes, not under the jurisdiction of RIDEM.

(Amd. of 5-13-14)