The intent of this subsection is to permit single-family cluster developments in conformance with the regulations contained herein. Single-family cluster development is intended to encourage the preservation of open space and environmentally sensitive areas while promoting more efficient use of land in harmony with its natural features and with the general intent of the zoning ordinance. Such uses are permitted within A-40, A-15, and A-10 districts. An owner or owners of a tract of land or a duly authorized agent thereof may seek approval for a cluster development only in a residence A-40, A-15 or A-10 district through submission to the city planning board of for [sic] a cluster subdivision plan in accordance with the subdivision regulations of the City of Warwick and this subsection.

501.1. Administrative procedures. Prior to the submission of an application for subdivision, the developer of any single-family cluster development is required to submit written and graphic descriptions of his proposed development to the city plan department in accordance with the requirements set forth in section 7 of the subdivision regulations of the City of Warwick regarding the preapplication conference. The director of city plan may make suggestions for improvement of such projects as proposed, and request additional information regarding the proposal as deemed necessary to conduct a thorough and proper review of the project.

501.2. Permitted uses. Single-family detached dwellings and, within the individual lots, such accessory uses as permitted in subsection 601 of this ordinance.

501.3. Residential density. The total number of dwelling units in the development cannot exceed the number of dwelling units derived from dividing the lot area proposed for development, less the amount required for streets and easements, by the minimum lot size requirement of the zoning district or districts in which the tract lies. The minimum lot size requirement for determining density calculations shall be those which appear in table 2, Dimensional Regulations, of this ordinance. Lot area shall be calculated in accordance with subsection 200.92, Lot area, of this ordinance.

Deductions for streets and easements for the purpose of density calculations shall be:

501.4. District regulations. The following requirements shall apply to single-family cluster developments.

(A)

A-10 district.

Minimum lot area for development: 2½ acres.

Minimum lot size: 8,500 square feet.

Minimum lot size with sewers: 7,000 square feet.

Minimum frontage: 60 feet.

Minimum lot width: 60 feet.

Minimum front and corner side yards: 18 feet.

Minimum rear yard: 20 feet.

Minimum side yards: Eight feet.

Maximum height: 35 feet.

(B)

A-15 district.

Minimum lot area for development: Five acres.

Minimum lot size: 12,000 square feet.

Minimum lot size with sewers: 9,000 square feet.

Minimum frontage: 70 feet.

Minimum lot width: 70 feet.

Minimum front and corner side yards: 25 feet.

Minimum rear yard: 20 feet.

Minimum side yards: Eight feet.

Maximum height: 35 feet.

(C)

A-40 district.

Minimum lot area for development: Ten acres.

Minimum lot size: 23,500 square feet.

Minimum lot size with sewers: 17,000 square feet.

Minimum frontage: 100 feet.

Minimum lot width: 100 feet.

Minimum front and corner side yards: 25 feet.

Minimum rear yard: 30 feet.

Minimum side yards: 15 feet.

Maximum height: 35 feet.

In reference to [subsections] (A) and (C) above, for lots fronting on any cul-de-sac, both the minimum frontage and lot width shall be at least 80 percent of the minimum requirements.

501.5. Accessory use setbacks. Subsection 601.2, Location of accessory buildings and uses, of this ordinance, which refers to side yard setbacks for accessory buildings and uses, is revised in an A-40 district for the purpose of single-family cluster development as follows. In said district, an accessory building or use shall not be located within ten feet of a side lot line. However, in an A-15 or A-10 district, accessory buildings and uses shall be subject to the same side yard requirements of subsection 501.4 for the district in which they are located.

501.6. Common usable open space regulations. All common usable open space areas dedicated for common use in a cluster development shall be governed by the regulations of this ordinance and the subdivision regulations of the City of Warwick.

501.7. Common usable open space by district.

(A)

In an A-10 district, a minimum of 20 percent of the total land area shall be dedicated for common usable open space.

(B)

In an A-15 district, a minimum of 25 percent of the total land area shall be dedicated for common usable open space.

(C)

In an A-40 district, a minimum of 35 percent of the total land area shall be dedicated for common usable open space.

See section 200.108(a) for the definition of usable open space.

501.8. Uses permitted as common usable open space. Conservation, wildlife and reforestation areas, outdoor recreational facilities and other similar activities, agricultural uses, and preservation of scenic vistas shall be permitted, all in accordance with the definition of usable open space under section 200.108(A). These uses shall be of a noncommercial nature exclusively for the present and future owners, lessees and sublessees of the lots in the plat and their nonpaying guests.

(Ord. No. O-99-45, § II, 9-27-99; Ord. No. O-06-2, §§ II—IV, 1-18-06)

502.1. Purpose. The purpose of the land development project, as established by state statute, is to review proposed developments to determine compliance with the standards and intent of this ordinance and the development review regulations adopted by the Planning Board pursuant to G.L. tit. 45 ch. 23.

502.2. Authority. The planning board may approve a land development project. The planning board may also approve modifications to dimensional standards. The planning board may also approve variances and special use permits through unified development review. No demolition, foundation, or building permits will be issued, and no site work will be allowed for any development requiring approval of a land development project until the Planning Board has approved the final plan.

502.3. Applicability. Any development that meets one or more of the following criteria is considered a land development project:

(A)

New construction of 10,000 square feet or more in gross floor area.

(B)

Additions or enlargements to structures where the new gross floor area of the addition or enlargement is 10.000 square feet or more.

(C)

Construction of new gross floor area that creates ten or more dwelling or rooming units.

(D)

Development of 50 or more new parking spaces.

(E)

Developments that warrant changes in traffic signalization or degradation in level of service.

502.4. Procedure. All land development projects, including requests for unified development review, shall be reviewed by the Planning Board according to the "Development Review Regulations" adopted by the Planning Board pursuant to G.L. tit. 45 ch. 23.

502.5. Adjustments of dimensional regulations. The planning board has the authority to make adjustments to certain dimensional and design standards through land development project review when one or more of the following occur:

(A)

Where open space is permanently set aside for public or common use.

(B)

Where the physical characteristics, location, or size of the site require an adjustment.

(C)

Where the location, size, and type of use require an adjustment.

(D)

Where the required build-to percentage requires an adjustment.

(E)

Where design standards require an adjustment.

(F)

Where housing for low- and moderate-income families is provided.

(G)

Where other amenities not required are provided, as stipulated in this ordinance.

(H)

Where structured parking is provided.

(I)

Where vertical mixed-use development is provided, of which at least 50 percent is devoted to residential use.

502.6. Staff level development plan review.

(A)

Purposes. The purpose of staff level development plan review is to authorize the building official and planning director to review proposed developments with minor land use impacts, to determine compliance with this ordinance.

(B)

Authority. Staff level development plan review may approve a project subject to development plan review.

(C)

Applicability. The staff level development plan review committee reviews the following types of development:

(1)

Any development or redevelopment on a lot or lots within a commercial or industrial zone that does not abut residential uses.

(2)

Any new pavement with an area of 10,000 square feet or less.

(3)

Any development that includes a drive-through facility.

(4)

Projects within commercial or industrial areas that do not cause degradation in level of service in terms of traffic circulation with respect to surrounding streets.

(D)

The following types of development are not subject to development plan review by the staff level development plan review:

(1)

Any development that requires land development project review or development plan review by the Planning Board.

(E)

Procedure. The staff level development review committee shall begin development plan review within 30 days of submittal of a complete application. The staff level development plan review committee shall, within 60 days of submittal of a complete application, review and evaluate the plan, pursuant to the standards of this ordinance, all plans, and drawings submitted as part of the application for a building permit shall reflect those conditions.

(F)

Modifications to staff level development plan review. Modifications to a plan approved through staff level development plan review shall be submitted as a new development plan review application.

502.7. Planning board development plan review.

(A)

Purpose. The purpose of planning board development plan review is to review proposed developments to determine compliance with this ordinance.

(B)

Authority. The planning board may approve a project subject to development plan review.

(C)

Applicability. The planning board reviews all types of development not subject to staff level reviews.

(D)

Procedure. The planning board shall begin development plan review within 30 days of submittal of a complete application. The planning board shall, within 60 days of submittal of a complete application, review and evaluate the plan, pursuant to the standards of this ordinance, and approve, approve with conditions, or deny the plan. If approved subject to certain conditions, all plans, and drawings submitted as part of the application for a building permit shall reflect those conditions.

(E)

Modifications to planning board development plan review. Modifications to a plan approved through planning board development plan review shall be submitted as a new development plan review application.

(Ord. No. O-23-24, § I, 12-20-23)

The following coastal regulations shall apply as specified below:

503.1. Minimum setback. There shall be a minimum setback of 50 feet from the inland edge of the coastal feature as defined by the Rhode Island coastal resources management council. This setback shall apply to all structures, paved roadways and parking areas, other impervious surfaces, individual sewage disposal systems, and underground utilities. However, it shall not apply to docks, piers, boat launching ramps or similar structures.

503.2. Effect on density. On any application to the zoning board or the city council for a two-family or multiple-family dwelling, where development or a portion of a development is proposed within 200 feet of the mean high-water mark of the coastline including coastal wetlands, tidal waters, salt marshes, and coastal ponds, the minimum lot area per dwelling unit requirement within said 200-foot area shall be the minimum lot area required in table 2A, Dimensional Regulations, for the district in which said 200-foot area is located.

Editor's note— Ord. No. O-23-24, § I, adopted Dec. 20, 2023, repealed § 504, which pertained to freshwater wetlands regulations and derived from Ord. No. O-94-17, adopted Aug. 17, 1994.

It is the intent of this subsection to ensure that there are properly vegetated and maintained landscaped buffers between potentially incompatible land uses in order to minimize and mitigate the potential impacts of noise, lighting, storm water runoff, and air pollution in accordance with subsection 103, Purpose of this ordinance. All nonresidential uses shall comply with the following minimum standards.

505.1 Minimum landscaped buffer.

(A)

A ten-foot-wide landscaped border shall be provided across the entire frontage of the lot except for any curb cuts. Refer to subsection 505.3 and 505.4 for planting requirements and sizes within the buffer beds.

(B)

A 20-foot wide landscaped border shall be provided along any property line that abuts a residence district, PDR overlay district, residential PUD overlay district, or an open space district where such lot contains at least 5,000 square feet including any coastal or freshwater wetlands, as defined in section 200.

(C)

In addition to (subsection) (B) above, any nonresidential use on a lot that abuts a district listed in (subsection) (B) above shall be screened along such abutting property line by a wall or fence (six-foot minimum height) of solid appearance or a tight evergreen hedge as specified in subsection 505.3, Plant Requirements and Sizes.

(D)

All outdoor trash receptacles, dumpsters and electrical boxes shall be screened on all sides by a fence and a tight evergreen hedge whose height shall be greater than or equal to the height of said structure, as specified in subsection 505.4, Plant Requirements and Sizes.

505.2 Plan submittal requirements.

(A)

A landscape plan shall be submitted for all projects in accordance with subsection 407, nonconformance as to landscape requirements, and in conjunction with any other submittals required for a special use permit, development plan review, or building permit.

(B)

For new projects or expansions exceeding 10,000 square feet of nonresidential development or more than six multifamily dwelling units, the landscape plan shall prepared by a registered landscape architect, whose seal shall appear on the plan.

(C)

A landscape plan shall be deemed complete when it contains the following:

(1)

A description of the site.

(2)

The proposed project and parking site plan.

(3)

Location, type and general quality of existing vegetation.

(4)

Proper plan graphic representation of all proposed trees and shrubs drawn to approximately two-thirds of their mature growth after 20 years.

(5)

All plants shall be labeled in accordance with a plant list by either using an abbreviated method (for larger plans) or by graphic symbols that correlate with a legend.

(6)

Plant lists or schedules including the botanical and common name of the plant, quantity, spacing and size of all proposed landscape material.

(7)

The location and description of other landscape improvements, such as walls, earth berms, fences, screens, sculptures, furnishings, paved areas, etc.

(8)

Standard plant installation and protection details as necessary to insure conformance with this section. All details shall conform to most recent cultural practices.

(D)

Completed plans shall be submitted in duplicate to the city's landscape coordinator for final plan recommendations or review.

(E)

Once the plan is accepted and deemed complete by the city's landscape coordinator no changes shall be made to the plan without the prior written approval and acceptance of the changes by the city's landscape coordinator.

505.3 Tree preservation and protection.

(A)

During the planning process a licensed arborist shall be consulted to identify all significant trees in the area and to help to devise protection and preservation strategies.

(B)

Existing trees and woodlands shall be preserved to the greatest extent possible. Factors to be considered shall include the size, age, condition, habitat, or historical significance of the tree. Trees to be preserved shall be selected early in the project planning process prior to establishing the site layout. Site grading shall be minimized in those areas to prevent damage to the preserved trees.

(C)

The following techniques shall be employed during construction to ensure the proper protection of all existing trees to be preserved.

(1)

Keep all grading and other equipment that may subject trees to damage directly or indirectly away from the drip line of the tree. Erect a three-foot high minimum visible fence barrier outside of the drip line of the tree to keep all dangerous equipment out of this zone.

(2)

Any accidentally damaged roots shall be pruned by a licensed arborist.

(3)

Care shall be taken not to dispose of paint or any other solvents that may change the soil structure in or around the root protection zone.

505.4 Plant requirements and sizes.

(A)

Landscape plans shall provide a suitable mixture of evergreen, ornamental, shade trees, and shrubs to provide an adequate visual and noise buffer between adjacent land uses. Refer to appendix D.5 of the subdivision development regulations for a list of Recommended trees and shrubs. Fences, berms, and other structural features may also be used to provide an adequate buffering between land uses.

(1)

Shrubs shall form a continuous visual screen and shall satisfy the size requirements set forth in this subsection.

(2)

Approximately every 35 linear feet of landscaping shall contain one shade tree and five shrubs. Alternately, two ornamental trees or two evergreen trees may substitute for one shade tree.

(3)

Berms shall be at least two feet high and shall have a minimum two to one slope.

(B)

Preservation of existing large trees can be used to reduce new plantings required by this subsection. Efforts to substitute existing plantings for new plantings shall be coordinated in advance with the city's landscape coordinator.

(C)

All plant material shall conform to the requirements described in the latest edition of "American Standards for Nursery Stock," published by the American Association of Nurserymen. All plants shall be nursery grown.

(D)

All plants shall be selected in accordance with a certified USDA Hardiness Zone Map for zones 6A-6B.

(E)

Plants which are considered to be invasive or disease prone by local horticulturists and Universities should not be used in any landscape areas. Refer to table 5A for a list of unacceptable plants.

(F)

Trees and shrubs of the same species may be planted in masses to create uniformity along the site; however, large massing of one species should be avoided to reduce the risk of a monoculture environment.

(G)

Plants shall conform to the measurements specified in the plant schedule located on the planting plan.

(1)

Caliper measurements shall be taken six inches above grade for trees under four inches in diameter and 12 inches above grade for trees four inches in diameter or larger.

(2)

Minimum branching height for all shade trees shall be a minimum of seven feet above finished grade to meet ADA standards.

(3)

Minimum size for all shade trees shall be between 2½ and three inches in diameter, and 12 to 14 feet in height.

(4)

Minimum size for evergreen trees shall be between five to eight feet in height.

(5)

All shrubs shall be a minimum of three feet in height (B&B) or three gallon (containerized) unless otherwise approved by the landscape coordinator.

505.5 Installation standards and specifications.

(A)

Installation of all plant material shall be performed in accordance with section D3.3, subsection E of the subdivision regulations.

505.6 Parking lot buffers.

(A)

When a parking area is located directly adjacent to a city street the following alternatives shall be considered to reduce the visual impact of the parking area. Alternatives include:

(1)

Provide a ten-foot minimum landscaped setback area exclusive of that required for sidewalks or utility easements between the street and the parking lot, to be planted with trees and shrubs in accordance to the requirements set forth in section 505.4, Plant Requirements and Sizes.

(2)

Where substantial grading is necessary and results in a parking area lower in elevation than the surrounding or adjacent right-of-way, the resulting embankment should be planted with low shrubs and shade or ornamental trees. A minimum of ten feet of landscaping should be provided between the street and the parking lot.

(3)

Where feasible, create a berm in accordance with subsection 505.4 for planting lawn, ground cover, shrubs and one tree every 35 feet.

(4)

In cases where a quality woodland exists, preserve the existing trees between the parking area and the right-of-way. Provide additional evergreen or deciduous trees to achieve a visual buffer. Existing trees shall be protected during construction under the guidance of a professional horticulturist.

(B)

Provide a minimum of five percent interior landscaping for the purpose of planting shade trees and shrubs. The following alternatives are recommended:

(1)

Provide a continuous landscape strip between every four rows of parking. This should be a minimum of eight feet in width to accommodate a low hedge and shade trees.

(2)

Create large planting islands (over 600 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.

(3)

Provide planting islands (a minimum of nine feet wide) between every ten to 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree having a clear trunk height of at least six feet.

(C)

Landscaping within the parking area should be used to delineate vehicular and pedestrian circulation patterns. Mechanical equipment, trash, and loading areas shall be screened on all sides by walls, fences, and landscaping, which shall consist of a thick evergreen hedge.

505.7 Maintenance of Landscaped areas.

(A)

After a period of one full year from the date of planting the contractor or owner shall remove all stakes, guy wires, tape and replace any dead plant material.

(B)

All landscaping must be maintained throughout the entire life of the project and any plant material that dies within this time period shall be replaced by the owner or contractor.

505.8 Enforcement.

(A)

Failure to comply with the articles contained in this section shall result in enforcement and penalties outlined in section 1006, Penalties and Enforcement.

(Ord. No. O-99-26, § I(Exh. A), 6-21-99)

It is the intent of this subsection to regulate telecommunication facilities to establish specific and reasonable development standards, and to minimize the visual impacts of telecommunications facilities while at the same time conforming to the Federal Telecommunications Act. No telecommunication facilities shall be erected or installed except in compliance with the provisions of this article. Where conflicts exist between this article and the remainder of this Code, the provisions of this article shall govern.

(A)

Telecommunication facilities are prohibited in all historic zoning overlay districts.

(B)

Administrative review procedure.

1.

Development plan review: All applications for telecommunications facilities will require a development plan review and recommendation from the planning board prior to a city council hearing.

2.

Co-location. All applicants shall first pursue the option of co-location on existing telecommunication facilities and/or public facilities. Should an existing structure/site not be utilized, justifying evidence shall be submitted. Notwithstanding any zoning approvals, co-location on existing telecommunications facilities not exceeding the approved structure height shall be allowed without further zoning board of review or city council approvals being necessary.

3.

FAA/RIAC approval: All applicants shall first receive Federal Aviation Administration (FAA) and Rhode Island Airport Corporation (RIAC) approval prior to the plan development review process.

4.

Notification: Upon city council approval, a successful applicant shall send certified mail announcements to all other telecommunications providers servicing the city declaring the applicant's sharing capabilities and siting locations.

(C)

Performance standards:

1.

Location: No telecommunications facility shall be located within two miles of another facility.

2.

Materials: Telecommunication towers shall have nonreflective material and be painted in a neutral color in order to blend into the background as much as possible.

3.

Maintenance: All telecommunications towers and required screening shall be maintained or replaced as needed.

4.

Setback requirements for telecommunications facilities:

i.

Minimum setback from residential and open space zoning districts: 100 feet.

ii.

Minimum front yard: 45 feet.

5.

Tower height: The height of any telecommunications tower shall be limited to the height of the zoning district, provided that the height may be increased by one foot for each one-foot setback from all required setbacks.

6.

Screening: All ground-based facilities shall be appropriately screened and secured as follows:

i.

The perimeter of the facility shall be surrounded by a six-foot chainlink fence or equivalent.

ii.

The perimeter of the facility (excluding the access point) shall be fully screened by a tight evergreen hedge not less than six feet in height at the time of planting.

iii.

The access point shall be located or screened so that the base of the facility is not visible from any street or abutting residence or open space district.

7.

Utilities: All utilities servicing a telecommunications facility shall be installed underground and shall conform to the appropriate utility companies' policy for such underground installation.

8.

Building antennas: Building antennas shall be designed in a manner that is visually unobtrusive. Building antennas shall be screened or mounted and/or painted in such a way that will blend with the color and texture of the existing building. Antenna height shall not exceed the maximum height requirement of the district in which it is located, provided that the city council may allow the height of the antenna to be up to 25 feet above the allowed structure height.

(Ord. No. O-97-18, § I, 8-12-97; Ord. No. O-98-36, § II, 10-13-98; Ord. No. O-99-23, § I, 4-19-99)

The intent of the City Centre Warwick ("CCW") is to encourage, guide and direct development and to ensure that the character presented in the City Centre Warwick Master Plan, as amended, is maintained and that mixed uses provide for the health and growth of the Development District. The construction and design of buildings and open spaces shall be regulated and approved in accordance with the provisions of the City Centre Warwick Master Plan.

Specific components of this purpose include:

A.

To comply with all the elements of section 103 purpose as contained in this zoning ordinance.

B.

To ensure that the District capitalizes on the substantial public investment in T.F. Green Airport, the Intermodal facility and the Interlink.

C.

To expand economic development opportunity within the District by encouraging private-sector investment.

D.

To provide for an orderly development process that places a premium on quality of design, walkability, function and mitigating traffic impacts and supports multimodal travel options.

507.1. Procedures for approval.

(a)

Application. Before a property owner applies for a building permit or commences improvements including the construction, reconstruction, alteration, repair, demolition, removal and/or rehabilitation of new or existing buildings, or appurtenances (paving, curb cuts, parking areas, drainage, etc.) within the CCW, a written application for such work and appropriate development plans shall be submitted to the Planning Department.

The administrative officer to the planning board shall have the authority to review an application and approve, approve with conditions or deny any application administratively or, at his/her discretion, may forward the application to the planning board for review and action pursuant to the provisions of this section of the zoning ordinance and no building permit shall be issued before a project receives design approval from either the administrative officer or the planning board.

(b)

Administrative approval. The following shall not require formal planning board approval and may be approved administratively by the administrative officer. Any application denied by the administrative officer may be appealed by the applicant to the planning board for action at the next available meeting of the planning board.

(1)

Work meant to remedy damage or deterioration of a structure or its appurtenances which involves no change in type of materials, dimensions, design, configuration, texture or visual appearance;

(2)

Exterior alterations to existing buildings, parking areas and appurtenances that require a building permit.

(3)

Business enhancement plantings.

(4)

Signs that conform to all of the requirements contained section 800 "signs."

(c)

Planning board review. The planning board shall review all applications including, but not limited to, new construction, additions, moving of structures and demolition of buildings. Such review shall be held during a regular Planning Board meeting in accordance with the procedures contained in the City of Warwick Land Development Subdivision Review Regulations.

(d)

Determination. The planning board shall be authorized to approve, approve with conditions or deny an application. Approval shall be based upon conformance with the regulations of this section, the City Centre Warwick Master Plan, as amended, City of Warwick Development Review Regulations and the CCW Design Manual.

(e)

Advice from other agencies. In order to assist in its review, the planning board may request other agencies to review and comment on proposals. Compliance with the Design Guidelines of the CCW Master Plan and Ordinance shall be determined by the planning board or a designated design review subcommittee. This process may be assisted by a third party peer review consultant to provide design review on an on-call basis at the request of the applicant or the board, provided that the proper findings of fact have been made. This consultant may be selected by the applicant subject to prior approval from the board. The consultant shall have demonstrated a satisfactory knowledge of the design principles, fundamentals and objectives as contained within the CCW Master Plan. The total fee for the third party peer review shall be paid by the applicant before the application receives final approval.

507.2. Design regulations for alterations and enlargements of existing buildings, parking areas and/or landscaping. All exterior improvements on existing buildings in the CCW are subject to approval by the administrative officer or planning board and shall be regulated by these standards and guidelines except for those activities listed in section 507.1(b) administrative approval. The purpose of these regulations and the CCW Design Manual is to establish design criteria to create and maintain the architectural and landscape features of the district envisioned in the City Centre Warwick Master Plan.

(a)

Minimum standards. The following are minimum standards for the design of alterations or additions to existing buildings:

(1)

Design. Alterations and additions to existing buildings shall follow the design standards defined within the City Centre Warwick Master Plan and further detailed within the CCW Design Manual. All designs shall be compatible with the size, scale, massing, proportion, material, and other features and environmental setting of a pedestrian-scaled urban development.

(2)

Additions and alterations. Wherever possible, additions or alterations to buildings, structures, and appurtenances shall be designed in a manner that transforms existing buildings to conform to the character of the district in compliance with the standards for new construction listed in section 507.3.

(3)

Exterior lighting and glare. All exterior lighting shall be designed to minimize negative impacts on neighboring properties. Night sky pollution shall be controlled by downshaded lighting or shielded lighting. All lighting shall be based upon a pedestrian scale appropriate for the City Centre Warwick setting. Glare from outdoor lights and signs and from the movement of vehicles on site shall be shielded from the view of adjacent residential properties.

(4)

Landscaping and screening. Landscaping and screening requirements for the City Centre Warwick Intermodal and Gateway Districts. It is the intent of this subsection to require that properties within the City Centre Warwick Intermodal and Gateway Districts be suitably landscaped and screened in order to provide for attractive and well maintained development in accordance with section 103, purpose of this ordinance. All uses in the City Centre Warwick Intermodal and Gateway Districts shall comply with the minimum standards contained in section 505, landscaping and screening requirements for nonresidential uses; the landscaping and screening requirements specified in section 700, parking and loading; as well as the guidelines found in the CCW Design Manual.

507.3. Design regulations for new construction, parking, landscaping, stormwater control, and signage. All new construction in the CCW is subject to approval by the planning board and shall be regulated by these standards and guidelines as well as those defined within the City Centre Warwick Master Plan, the CCW Design Manual, and sections 505.2 through 505.5 and 505.7 of section 505, landscaping and screening requirements for nonresidential uses, except for those activities listed in subsection 507.1(b) administrative approval. The purpose of these regulations is to establish design criteria to create a development district which is pedestrian in scale and to ensure that new construction is consistent with the CCW Master Plan.

(a)

Minimum standards. The following are minimum standards for all new construction projects.

(1)

Design. Buildings, structures and site layout, shall be visually compatible with the character contained in the City Centre Warwick Master Plan and the surrounding area, including building materials, massing, scale, building roof lines, and site furnishings.

(2)

Architectural elements. Architectural elements should be in proportion to the overall building and should also be congruent with the surrounding building context. Exaggerated or excessively large (or small) architectural elements should be avoided. Development projects should reuse existing buildings of historical significance whenever possible.

(3)

Scale. Large scale development may be encouraged in appropriate areas, but pedestrian level streetscapes shall be included as an integral design element. Conventional suburban-oriented, individual structures with a single entrance set back on a large expanse of asphalt parking are prohibited. New buildings should not be single story, large, bulky masses, but should be vertical in orientation and multi-storied.

(4)

Vehicular access. Proposed site layout shall limit direct access to collector and arterial roadways and shall provide safe ingress and egress from local roads and private drives by providing a sufficient number and control of access points including adequate site distances, turning lanes and signalization when required by existing and projected traffic flow. The planning board may require consolidation of existing curb cuts into fewer clearly defined entrances. The planning board may also require shared access between developments where practicable. No development shall be allowed where there is unrestricted access to public streets or roadways or where a public street must be utilized to maneuver in and out of a parking space. Provisions shall be made for providing and maintaining safe and convenient emergency vehicle access to all buildings and structures at all times.

(5)

Parking. New construction shall conform to section 700, off-street parking and loading, except for the parking reductions prescribed below:

Parking structures may be required to satisfy parking space requirements. Due to the pedestrian nature of the Intermodal zone and the use of the Interlink between the Intermodal facility and the airport terminal, the planning board may limit the number of parking spaces provided for each use within the WSDDCCW. In addition, the planning board may limit the ingress and egress points of parking facilities to side streets to ensure that traffic congestion is mitigated so that collector and arterial roadways are not adversely impacted.

(6)

Circulation. The design of the project circulation system shall be inclusive of all transportation choices and relate to planned improvements in the area, including future walkways, street widening, realignments, or paving programs which have been planned or scheduled for construction. The design shall be consistent with corridor improvement designs encouraged within the City Centre Warwick Master Plan and CCW Design Manual and promote convenient and safe pedestrian and bicycle transit accessible to all. Small scaled interior streets and drives, alleyways, public spaces, and pedestrian paths shall be encouraged within the district. Such interior circulation shall link to an overall system envisioned in the City Centre Warwick Master Plan.

(7)

View corridors. Views of significant features such as the new intermodal station and the Airport terminal shall be preserved whenever possible.

(8)

Utilities. New development shall not impose unreasonable burdens on sanitary sewers, storm-drains, water lines, roadway systems and other public utilities and may be subject to impact studies in accordance with the Warwick Development Review Regulations. Developers shall be responsible for all improvements and upgrades resulting from a proposed development. All utilities shall be underground.

(a)

Public water. All new construction must utilize the City of Warwick water system. Sufficient public water supply must be available for a proposed development and shall not result in an unreasonable burden on the existing water supply.

(b)

Sewage disposal. All new construction must utilize the City of Warwick sanitary sewer system. Sufficient sewer capacity must be available throughout the sewer system for a proposed development and shall not result in an unreasonable burden on the existing sewer system.

(c)

Stormwater run-off and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm-drain system. Whenever possible, on site underground infiltration systems shall be utilized to eliminate discharges from the site.

1.

Erosion and sedimentation shall be controlled during and after construction and shall not adversely affect adjacent or neighboring property or public facilities and services. All erosion control shall meet the standards of the City of Warwick and the Rhode Island Erosion and Sediment Control Handbook.

2.

All stormwater control shall meet the standards of the Rhode Island Storm-water Design and Installation Standards Manual and Section D.2.7 "Drainage" as contained in the City of Warwick Development Review Regulations. Such stormwater control shall be integral to the landscape design of the project.

(d)

Traffic impact. Proposed developments shall not impose unreasonable burdens on the circulation system of the district or surrounding areas. Public roadways inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe, efficient passage for vehicles, pedestrians and cyclists. Developers may be required to provide a traffic impact report prepared by a certified traffic engineer as authorized in the development review regulations.

(9)

Security. In the case of significant projects having a substantial impact upon the district, the city, or the surrounding area, the planning board shall require a performance guarantee in accordance with the Warwick Development Review Regulations ensuring that the project will be completed in accordance with the approved plans and any conditions imposed.

(10)

Signs. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of proposed buildings, structures and surrounding properties. The planning board may limit the size and number of signs for any property, provided however, that at least one sign for each nonresidential lot which meets the standards of the City of Warwick Zoning Ordinance shall be allowed.

(11)

Special features. Exposed storage areas, exposed machinery, service areas, loading areas, utility buildings and similar structures shall have sufficient setbacks and screening to provide an audio and visual buffer designed to minimize adverse impacts on surrounding properties.

(12)

Exterior lighting and glare. All exterior lighting shall be designed to minimize negative impacts on neighboring properties. Night sky pollution shall be controlled by downshaded lighting or shielded lighting. All lighting shall be based upon a pedestrian scale appropriate for the City Centre Warwick setting. Glare from outdoor lights and signs and from the movement of vehicles on site shall be shielded from the view of adjacent residential properties.

507.4 Demolition. In order to create the appropriate architectural and landscape character envisioned in the City Centre Warwick Master Plan, no building shall be demolished until the planning board has granted a demolition permit.

(1)

Review of application. In reviewing an application for demolition, the planning board shall consider the architectural quality of the existing building and the quality of the site and shall review the proposed landscaping and/or new building to be constructed.

(2)

Grant of demolition. A demolition permit shall not be issued until the applicant demonstrates adequate financial ability to demolish the existing structure and landscape the site or construct a new building on the site. The planning board may require a performance guarantee to ensure that all work approved in the grant of demolition is satisfactorily completed.

(Ord. No. O-12-6, § I(Exh. A), 1-19-12; Ord. No. O-23-24, § I, 12-20-23)

Editor's note— Ord. No. O-23-24, § I, adopted Dec. 20, 2023, amended § 507 and in doing so changed the title of said section from "Warwick Station Development District (WSDD)" to "City Centre Warwick (CCW)," as set out herein.

It is intended that the village district regulations should encourage a high quality of architectural and site design to create a unique identity that distinguishes it from other districts in the city. In addition to other requirements of the district, the following regulations shall apply throughout the whole of any village district.

All new developments in the district or exterior changes to existing structures which require the issuance of a building permit as per Rhode Island State Building Code shall be subject to the filing of a development plan for site design and architectural review and approval by the administrative officer to the planning board or may be referred to the planning board at the discretion of either the petitioner or the administrative officer.

The petitioner shall submit a development plan that shall provide all necessary information to demonstrate compliance with the architectural and site design requirement included in this section. In considering compliance with, the administrative officer to the planning board and/or the planning board, shall address each of the following and shall make positive findings regarding each of the following provisions as they apply to the application under review:

1.

The project is consistent with section 508.1 site and building performance standards.

2.

The proposed development complies with all the requirement contained within section 807.4, signage, and section 701.6B, parking.

3.

The proposed development will be compatible with and enhance the use or value of the existing properties within the village district.

4.

The proposed development will not be injurious to neighboring properties or the general welfare of the surrounding community.

5.

The proposed development will not result in unnecessary adverse impacts on access driveways, on-street parking, sidewalks, and promotes safe automotive and pedestrian access that is in harmony with the surrounding area.

The findings and decision of the administrative officer or the planning board, shall be retained as part of the permanent record of decision and a building permit shall not be issued until an approval letter is provided to the building official by the administrative officer.

508.1 Site and building performance standards for the village district zone.

A.

New buildings shall reflect the scale, massing, rhythm, materials and siting of adjacent structures, if the area has a distinct character. A new building shall be sited to reinforce the existing building setbacks, which help to define the streetscape edge. If new construction must be placed farther back than existing structures, then vegetation shall be planted to continue and reinforce the established street edge.

B.

One-story buildings shall not be permitted to have flat roofs. Buildings with two or more stories may have flat roofs, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building plane. Non-flat roof lines are encouraged to be varied, depending on the length of the building. For purposes of this section only, the height of a building shall be measured from the average grade of the lot to the mid point of a peaked roof or the largest portion of a flat roof.

C.

The principle structure on a lot shall be oriented such that the front facade and main entrance of the structure face the street.

D.

Main entrances shall be clearly visible from the street, and be accompanied with signage as permitted in this ordinance, and windows that provide adequate and appropriate visual access to the interior commercial and activity areas.

E.

Along with the main building entrance, one additional entrance will be required for building facades that are longer than 70 feet and facing a street. An additional entrance shall be required for each additional 50 feet thereafter. Additionally, single colors or materials covering street front facade walls that are higher than four feet above the street elevation shall not exceed 50 feet in width. Where street front building facade exceeds 50 feet in width, the facades shall vary either in color or material.

F.

New buildings shall be sided with wood shingles, clapboard, brick, stone, stucco, cementious siding or premium vinyl siding with a nominal thickness of .125 or greater. Vinyl siding shall be applied to minimize visible seams, with trim details as appropriate. The use of concrete block as an exterior finish is prohibited.

G.

Public areas, such as yards, play areas and other private and public opens spaces shall be defined with walks, plantings, walls, fences and other elements that are compatible with existing materials and spatial qualities.

H.

Building equipment (HVAC equipment) and service areas shall be located away from the street. Building equipment must be screened from public view and the view of adjacent residential areas. Similarly, all outdoor storage areas shall be completely screened from public view and the view of adjacent residential areas, and shall conform to the architectural elements of these guidelines.

(Ord. No. O-12-6, § I(Exh. A), 1-19-12)

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

Large scale solar energy systems (which refers to systems that are not either (1) an accessory solar system or (2) a contaminated site solar system as defined by this ordinance) shall be prohibited throughout the City of Warwick.

509.1 Review procedures. Contaminated sites (i.e. brownfield sites) subject to solar energy systems shall require Planning Board review in accordance with major land development review provisions.

Any system located in a historic overlay district in view of a public ROW as determined by the building official, must obtain a certificate of appropriateness in accordance with section 311.

509.2 Performance standards. These standards shall be required in addition to the major land development review procedures set forth by RIGL 45-23 and the city's subdivision and land development regulations. The standards set forth herein will ensure that solar energy systems are compatible with the surrounding area, provide for public safety, and minimize impacts on wildlife; scenic, natural and historic resources, and abutting properties.

(A)

The applicant is required to provide verification from a RI licensed landscape architect at the preliminary stage of review that the landscape buffer is adequate to thoroughly screen the solar energy facility year round. In addition, the required vegetated buffer/screening shall be maintained for the life of the solar energy facility. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the zoning enforcement officer with consultation from the city planner.

(B)

All solar energy systems shall, at minimum, employ the zoning setback requirements in Table 2 A & B, entitled Dimensional Regulations. The planning board shall reserve the right to increase setbacks to minimize visibility of the system as a result of information learned through public hearings.

(C)

The maximum height of a ground-mounted solar energy system shall be ten feet.

(D)

To prevent glare on adjacent properties and mitigate public safety potential, only matte finish, and non-reflective panels shall be utilized.

(E)

The applicant shall submit an independent, pre-development noise study for which a baseline shall be established indicating general background noise in perimeter areas adjacent to neighbors averaged over several weeks. A post startup noise study shall be executed to ensure no increase in noise occurs from the facility. Noise mitigation must be employed for solar energy systems responsible for an increased decibel level of 3dB.

(F)

Accessibility for emergency service vehicles is required along with clearly-marked procedures for shutting down the solar energy system.

(G)

A public safety preparedness and response plan detailing the standards, procedures, and communication protocol to be utilized for the system and in the event of an emergency shall be provided to the city's emergency management agency director, as well as documentation indicating that the plan has been distributed to the fire department.

(H)

Contaminated sites shall be remediated and properly capped in accordance with state or federal remediation standards as part of the development.

(I)

Unless required by ELUR, no substantial clearing or grading of the proposed project site shall have occurred five years prior to submission of the application for an SES based on a review of aerial photography provided by the applicant.

(J)

Clearcutting outside of the immediate array area is prohibited unless required by remediation permit. A reforestation plan prepared by a certified forester (CF) or registered landscape architect shall be required to minimize view shed nuisance from the perspective of abutters.

(1)

A combination of natural vegetation, berms, fencing, walls, and other similar features shall be used to visually buffer the system(s) from the view of abutting properties, as well as mitigate noise, glare, or other potential nuisances.

(2)

No chemicals, solvents, herbicides, or insecticides, excluding water, will be used in the operation and maintenance of the site landscaping requirements, (such as pollinator cover and buffer plantings).

(3)

Buffer plantings shall be maintained for the life of the project by the owner, applicant, and or operator of the facility.

(4)

A one to one tree replacement effort shall occur within the city for all trees requiring removal that are of 20 inches in diameter or larger. All newly-planted trees shall be a minimum of three-inch caliper at breast height.

(5)

Soil erosion and sediment control systems shall be maintained at all times in accordance with RIDEM wetlands permit(s), and local regulations.

(6)

Clearing, cutting, girdling, and any other form of disturbance to an old growth tree or old growth forest is prohibited.

(K)

Neither blasting nor removal of ledge by mechanical means is allowed.

(L)

Pollinator mix is required, shall be supported by a maintenance plan, and contain annual reports supplied by the applicant's landscape architect until the pollinator mix approved by RIDEM is established. Disturbed topsoil shall remain onsite unless removal is required by remediation permit(s).

(M)

Utility connections shall be underground, equipment screened from view with plantings or fencing, and approved by the utility company as part of the final plan application.

(1)

interconnection agreement shall be compliant with code of ordinance section 74-52, renewable energy system tax exemption, and submitted with the final plan application.

(2)

A comprehensive development pro forma including, but not limited to, land cost (lease or purchase, equipment cost, construction, decommission cost etc.) shall be submitted with final plan application.

(N)

Perimeter fencing shall be raised a minimum of eight inches for wildlife passage and be comprised of black coated chain link fence.

(O)

A sign shall be posted at the entry of the SES displaying the name of the owner and operator of the system and a 24-hour emergency contact number.

(P)

SES systems shall provide for motion detect lighting in maintenance areas and dark sky compliant lighting elsewhere.

(Q)

Applicant shall provide a decommissioning plan and cost estimate with the preliminary application, and surety funds provided with the final plan application to ensure adequate removal at the end of useful life or abandonment.

(1)

Funds deposited shall be equal in amount to removal of the system, as verified by the city's peer review engineer, inclusive of two percent annual inflation over life of the system with funds deposited into an interest bearing escrow account under city control.

(2)

The calculation of the decommissioning reserve shall be predicated upon the assumption that 100 percent of the retired solar panels will be recycled by an accredited solar panel waste recycler, without any credit on the financial guarantee amount for anticipated salvage value or reuse of and project components. City peer review engineers shall afford the city the right to evaluate the inflation rate every five years.

(3)

A separate surety of an amount equal to the cost of repairing 100 percent of the pollinator mix, as established by the city's peer review engineer during preliminary application review, shall be submitted with the final plan application.

(4)

Within one week after permanent shutdown, the owner, applicant, and or operator shall notify the building official and remove the system within six months of said notification. The city shall utilize escrow funds to remove all or remaining system components beyond six months, with owner, applicant, and or operator liable for all expenses beyond escrow, should escrow be exceeded. City shall retain the right to fine the owner in accordance with local ordinances.

(R)

Maintenance. The contaminated site solar energy system shall be maintained by the solar energy owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, maintenance of the landscape buffers, care and replanting if necessary, of any vegetative screening, cleaning clearing and repairing of stormwater and drainage infrastructure, and integrity of security measures.

(S)

Enforcement. The building/zoning official and city engineering consultant a have the power to inspect any solar energy system at any time to ensure compliance with the provisions of this ordinance. Any entity who fails or refuses to adhere to all of the provisions of this ordinance or any other conditions imposed by the city, State of Rhode Island or federal government, shall be deemed to be in violation and liable to the City of Warwick for penalties not to exceed $500.00 per day for each violation. Each day of existence of a violation shall be deemed a separate offense.

(T)

Inspection. The city's engineer or designee shall inspect any contaminated site solar energy system at the expense of the applicant on a weekly basis during construction, and during the month of April each year after completion of construction. Said inspection will include a review of any and all reports as required by the State of Rhode Island, the City of Warwick and the federal government. The applicant and any successor shall reimburse the city for any cost incurred as specified in the stormwater facility maintenance agreement.

(Ord. No. O-22-7, § III, 3-22-22)

It is the intent of this subsection to protect the public health, safety and welfare of the city by regulating short-term rental of dwelling units in the city.

Short-term rental of dwelling units in Warwick shall be regulated to minimize the potential for noise, congestion, pollution, and disorderly behavior involving tenants and other persons on and near the premises, as well as violations of city ordinances, including the zoning and noise ordinances and violations of various Rhode Island General Laws.

The City of Warwick finds that, by application of the regulatory framework contained herein, the short-term rental of dwelling units can have a positive effect on the health, safety and welfare of the community by providing a flexible housing stock that allows travelers safe accommodations while contributing to the local economy, including historic preservation.

510.1. Applicability. The provisions of this subsection shall apply to all residential property within the City of Warwick except hotels, motels, and community residences. Short-term rentals with a valid registration shall not be considered a hotel or motel as defined by this ordinance.

510.2. Prohibitions. The following dwelling units are not eligible to be offered for short-term rental:

(A)

Accessory family dwelling units.

(B)

Accessory structures.

(C)

Dwelling units that have been designated as "affordable" or are otherwise below market rate, such as those units that are subject to housing or rental assistance and/or deed restrictions.

(D)

Dwelling units subject to any requirement of local, state, or federal law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental.

(E)

Dwelling units that are subject to two or more violations of any municipal ordinance or state law or regulation in a 12-month period related to excessive noise, improper disposal of trash, disorderly conduct, parking, or any other nuisance behavior.

(F)

Dwelling units that are subject to any outstanding building, sanitary, fire, zoning, or property maintenance code violations.

(G)

Dwelling units on properties where weddings or other special events are occurring.

510.3. Short-term rental of dwelling units. Short-term rental of dwelling units shall be permitted by right in certain zoning districts as presented in Table 1, provided that any dwelling unit utilized for short-term rental must satisfy the following performance standards:

(A)

Must comply with the city's short-term rental registration.

(B)

The property owner must submit an affidavit to the zoning enforcement officer indicating that dwelling unit is to be utilized as a short-term rental.

510.4. Registration and inspection required; permit.

(A)

Each owner of a short-term rental property shall designate on a registration form filed under this chapter a local representative whose physical address of their primary residence is within 50 miles of the registered short-term rental property to serve as the local representative. The local representative shall be a natural person with access and authority to assume management of the short-term rental property and take remedial measures. The owner may, if qualified as established herein, designate themselves as the local representative.

(B)

The owner or local representative shall obtain a short-term rental permit in accordance with section 510.6 and 510.7.

(C)

If a dwelling unit is offered on an online hosting platform for tourist or transient use, it shall be registered by the record property owner or local representative thereof with the Rhode Island Department of Business Regulation before any tenant occupies the premises.

(D)

After applying for the short-term rental permit, the dwelling unit shall be subject to annual inspection by the building official or his/her designee and the fire marshal. The purpose of the inspection is to determine the occupancy limit of the unit pursuant to subsection 510.8, to determine if smoke and CO detectors are installed in compliance with the State Fire Code, as amended, for dwelling units and to determine the number of off-street and on-street parking spaces available. The building official or his/her designee shall issue a short-term rental permit stating the maximum occupancy for the dwelling unit.

510.5. Short-term rental permit registration form. The short-term rental permit registration form shall indicate the tax assessor's plat and lot number, address of the short-term rental dwelling unit, the number of short-term rental dwelling units therein, the name, permanent mailing address and telephone number of the record owner and any local representative, and the usual period of occupancy by tenants (monthly, weekly or other). Copies of the permit registration form, with 24/7 contact information, will be held on file by the Warwick Police and Fire Departments.

510.6. Filing date; term. On or before December 31 of each year, the record owner of the rental dwelling unit shall file the completed short-term rental permit registration form with the building official or his/her designee, which shall be valid for a one-year period from January 1 to December 31 of the following year. If the property is registered during the calendar year, the permit shall be valid until December 31 of that same year.

510.7. Permit registration fee. There shall be a permit registration fee of $250.00 per year for each dwelling unit covered under the provisions of this subsection.

510.8. Occupancy limits and parking requirements.

(A)

The maximum occupancy for the dwelling unit shall be two persons per bedroom. The number of bedrooms for occupancy purposes shall not exceed the number of bedrooms supported by the design load of the property's septic system (on-site wastewater treatment system, or "OWTS"). The owner shall provide records and/or information that the building official or his/her designee deems reasonably sufficient to determine the number of bedrooms for which the OWTS is rated. The maximum occupancy may be further limited by the parking requirements of subsection 510.8(B).

(B)

If determined necessary by the building official, additional parking shall be provided in accordance with the instructions of the building department.

510.9. Owner's obligations.

(A)

All short-term rental agreements shall have as an attachment a copy of the applicable short-term rental permit for the premises. The rental agreement shall state that the renter may be held legally responsible for any violations of law committed by the renter or by other occupants or guests while at the premises, including violations of the laws and ordinances pertaining to noise, disorderly conduct, disturbance of the peace, keeping dogs on a leash, parking, trash maintenance and disposal, and dwelling occupancy limits.

(B)

The owner or local representative shall obtain accurate and up-to-date information, including the names, home addresses and phone numbers of the renters, the date of the rental period and, when practicable, the model, year, color and vehicle registration of all motor vehicles registered to or used by such renters. The owner shall maintain this information throughout the term of the short-term rental agreement and for 180 days thereafter; and shall make this information available to city officials who are lawfully investigating or prosecuting any offense reasonably believed to involve one or more of the renters. Failure of the record owner to maintain or provide this required information shall constitute a violation of this subsection.

510.10. Posting of notice. The record owner or local representative shall post in plain view, in a conspicuous place within the rental dwelling unit, a notice to be drafted by the planning department and available at the office of the building official, containing general information regarding certain city ordinances with which tenants must comply. The record owner or any person in control or possession of said rental dwelling unit subject to the provisions of this subsection shall cause the registration form and permit required by this subsection to be posted or affixed to the inside of the primary access door to said dwelling unit so as to allow the lease and registration form to be readily available for inspection by police, zoning, building, or property maintenance officials of the City of Warwick. Additionally, the record owner, local representative or any person in control or possession of said rental dwelling unit must post a copy of the short-term rental permit on the interior of the dwelling unit, which shall contain the 24-hour emergency contact information for the owner and the maximum occupancy for the dwelling unit, as determined by the building official.

510.11. Enforcement; penalty for violation; revocation of permit.

(A)

Violations of this subsection shall be enforceable through issuance of a summons by any zoning enforcement official of the city. Violations and citations shall be heard and adjudicated by the Warwick Municipal Court.

(B)

Any violation of the provisions of this subsection shall be subject to a fine of not more than $500.00 per day for each and any subsequent violation. Fines may be imposed for each day the violation continues.

(C)

The zoning enforcement official may revoke a short-term rental permit issued under this subsection if it is determined, by a violator's admission or a municipal court finding of a violation, that two or more violations of this subsection have occurred for the same property, and no new permit shall be issued to the property owner for the same property for a period of 12 months following the revocation. Any revocation of a short-term rental permit may be appealed to the zoning board of review as an administrative appeal pursuant to the provisions of section 906.4 of the Warwick Zoning Ordinance.

(Ord. No. O-23-4, § III, 2-28-23)