The zoning regulations set forth in this chapter have been developed and shall be maintained in accordance with the Town's Comprehensive Community Plan. Where uncertainty in the construction or application of any section of this chapter exists, it shall be construed in a manner that will further the implementation of, and not to be contrary to, the goals and policies and applicable elements of the Comprehensive Plan.

This chapter is designed to achieve the following purposes:

For the purpose of this chapter, The Town of West Greenwich is hereby divided into the following zoning districts as defined in Article II:

The location and boundaries of the above zoning districts are hereby established as shown on a map filed in the office of the Town Clerk, titled "West Greenwich Zoning Map," dated December 1994. Said map is hereby adopted and made a part of this chapter. In addition, copies of this chapter shall be available at all times at the office of the Town Clerk.

Boundaries indicated as approximately following the center lines of a highway, street, alley, railroad, watercourse or body of water shall be construed to be center lines, or middle thereof, and/or such boundaries indicated as approximately following Town limits shall be construed as following such Town limits.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Where a district line divides a lot which was in single ownership at the time of passage of this chapter, the Board of Review may permit, as a special use, the extension of the regulations for either portion of the lot not to exceed 30 feet beyond the district line into the remainder of the lot.

Boundaries indicated as following shorelines shall be construed to follow such shorelines; and in event of change in the shoreline, shall be construed as moving with the actual shoreline.

Boundaries indicated as parallel to or extensions of features indicated in the above subsections shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or are, in other circumstances, not covered by the above subsections, the Board of Review shall interpret the district boundaries.

Zoning Inspector. A Zoning Inspector, hereinafter referred to as "Inspector," shall be appointed by the Town Council. It shall be the duty of the Inspector to enforce the provisions of this chapter and to record all amendments to this chapter on the record copy of this chapter and map. In addition, all records of the Zoning Board of Review shall be filed in the office of the Zoning Inspector.

Zoning permits.

Modifications.

Zoning Board of Review. A Zoning Board of Review, hereinafter called the "Board," is hereby created in accordance with Charter § 702. Reappointments or succeeding appointments shall be made at the regular meeting of the Town Council, in May of each year, to be effective on July 1 of each year. All members of the Board shall be legal residents of the Town of West Greenwich, and no member shall be an elected official or salaried employee of the Town of West Greenwich. Any member may be removed by the Town Council for due cause following a public hearing.

Organization and operation of the Board.

Powers and duties of the Zoning Board of Review:

Appeals to the Zoning Board of Review. The Zoning Board of Review shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter. In using this power, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Inspector from whom the appeal was taken.

Unified development review.

Special use permits may be approved by the Zoning Board of Review as follows:

Criteria for the issuance of a special use permit for elderly and/or handicapped family apartments.

Criteria for the issuance of a special use permit for adult entertainment shall be as follows:

Expiration. A special use permit shall expire one year after the date of approval by the Board, unless a building permit is obtained; or a certificate of occupancy is obtained, when a building permit is not required.

One-year extension. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the special use permit for a second one-year period. Said request for an extension need not be advertised nor noticed. An advisory opinion from the Planning Board shall not be required.

Further extension for cause. Should a building permit not be obtained, or certificate of occupancy for a nonpermit project not be issued within the second one-year period, renewal of the special use permit for a third one-year period may be granted upon written request filed prior to expiration, provided that demonstration of due diligence in proceeding and substantial financial commitment in promoting the subject of the special use permit is made. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.

Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

Variance application. An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the Town Clerk, and Clerk of the Zoning Board of Review, an application describing the variance request and supported by plans and data describing the site and proposed use and documentation in support of the application. The application shall show the location and dimensions of the property and the proposed use and any other information required by the application form and as may be required by the Zoning Board of Review.

General standards for granting a variance. In granting either use or dimensional variances, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

Standards for granting a use variance. The Zoning Board of Review shall, in addition to the above standards, require that evidence be entered onto the record of the proceedings showing that in granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.

Standards for granting a dimensional variance. In granting a dimensional variance, the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The Zoning Board of Review has the power to grant dimensional variances where the use is permitted by special use permit.

Expiration. A variance shall expire one year after the date of approval by the Board, unless a building permit is obtained or a certificate of occupancy is obtained when no building permit is required.

One-year extension. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the variance for a second one-year period. Said request for an extension need not be advertised nor noticed. An advisory opinion from the Planning Board shall not be required.

Further extension for cause. Should a building permit not be obtained or a certificate of occupancy for a nonpermit project not be issued within the second one-year period, the Board may, upon written request filed prior to expiration, renew the variance for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.

Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

The Zoning Board of Review, upon receipt of an application for an appeal, variance, or special use permit, may request an advisory opinion from the Planning Board and Conservation Commission, based upon consultation with any other Town department as necessary, including the Town Planner; Highway Supervisor; local Fire Chief; Police Chief; and Town Engineer. The advisory opinions shall report findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing, to the Zoning Board within 30 days of receipt of an application which has been deemed complete.

Within 45 days after the filing of a complete application in proper form, the Zoning Board shall hold a public hearing on any application for an appeal, variance or special use permit. Public notice shall be given thereof, at least 14 days prior to the date of the hearing, in a newspaper of general circulation in the Town.

Notice of the date, time, place and purpose of the public hearing shall be sent by certified mail to the applicant and to all persons owning real property located within 200 feet of the lot or parcel which is the subject of the application. If the subject property is located within 200 feet of the Town line, a notice shall be sent to the Town Clerk and Planning Board of the neighboring city or town. In addition, all property owners within 200 feet of the subject property located in the neighboring community shall be notified, the list of which is to be certified by the neighboring city/town tax assessor's office.

The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant. This cost shall be waived for any application submitted on behalf of any Town agency.

Any party may appear at the public hearing in person or be represented by agent or by attorney.

In granting a variance or special use permit or in making any determination upon which it is required to pass after a public hearing under this chapter, the Zoning Board of Review may apply such special conditions that may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter.

Failure to abide by any special conditions shall constitute a zoning violation.

Those special conditions shall be based on competent, credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

The Zoning Board of Review shall render a decision on an application within 15 days following the public hearing.

The Zoning Board of Review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Town Clerk of the Town of West Greenwich within 30 working days from the date when the decision was rendered, and shall be a public record.

The Zoning Board of Review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, finding of fact, and other official actions, all of which shall be recorded and filed in the Town Hall in an expeditious manner upon completion of the proceeding.

Any decision by the Zoning Board of Review, including any special conditions attached thereto, shall be mailed to the applicant and to the Zoning Inspector.

Changes in text or boundaries.

Fees. Except for action initiated by the Town Council or a Town agency or official, all applications for amendment shall be accompanied by a filing fee in an amount set from time to time by the Town Council, payable to the Town of West Greenwich and returnable only in the event that the application is withdrawn prior to the publication of notification of the public hearing.

Procedure for amendment. The West Greenwich Town Clerk shall receive all proposals for the amendment or repeal of the West Greenwich Zoning Ordinance and/or Zoning Map. Immediately upon receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council, and to the West Greenwich Planning Board for study and recommendation. The Planning Board shall, in turn, notify and seek the advice of the Town Planner and shall report to the Town Council within 45 days after receipt of the proposal, unless extended for good cause, giving its findings and recommendations as prescribed in R.I.G.L. § 45-24-52. Where a proposal for the amendment or repeal of this chapter or the Zoning Map is made by the West Greenwich Planning Board, the requirements for study by the Board may be waived, provided that the proposal by the Planning Board includes its findings and recommendations pursuant to R.I.G.L. § 45-25-52. The West Greenwich Town Council shall hold a public hearing within 65 days of receipt of a proposal, after giving proper notice as prescribed by this chapter. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

Review by Planning Board or Commission. Among its findings and recommendations to the Town Council with respect to a proposal for amendment or repeal of this chapter or the Zoning Map, the Planning Board or Commission shall:

Notice and hearing requirements.

Immediately upon receipt of an application for amendment of this chapter, a copy of such application shall be forwarded to the West Greenwich Planning Board for review and an advisory opinion. The Zoning Board may refer any matter before it to the Planning Board for review and an advisory opinion. In rendering an opinion, the Planning Board shall consider whether or not the proposed action is consistent with the Comprehensive Community Plan of the Town of West Greenwich. The Planning Board shall transmit its advisory opinion to the Zoning Board or Town Council in writing, prior to or during the public hearing.

The Zoning Board and the Town Council shall consider such advisory opinion in reaching a decision, but shall not be bound by such opinion.

At least once every two years, the Planning Board shall review this chapter and make a written report to the Town Council recommending any amendments deemed appropriate in the light of current development trends and needs.

Where the Town Council, in the case of an amendment, or the Zoning Board, in the case of a special use permit or variance, denies an application or grants the applicant leave to withdraw the same, the Town Council or the Zoning Board may not consider another application for the same amendment, special use permit or variance for a period of one year from the day of such denial or withdrawal.

The Town Council or the Zoning Board, as the case may be, may accept such an application subsequent to the one-year waiting period, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said Council or Board, showing a substantial change of circumstances justifying a rehearing.

Any person or corporation, whether as principal, agent, employee or otherwise, who or which violates any of the provisions of this chapter or any safeguard or condition attached to the granting of a special use or variance may be fined not more than $500, for each offense, after receipt of notification from the Building Official or Town Solicitor. Each day of the existence of a violation shall be deemed a separate offense.

The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any provisions of this chapter is hereby declared to be a violation of this chapter and unlawful.

The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

Purpose. The purpose of the Rural, Farming, Residential (RFR-2) Zone is to provide adequate land suitable for moderate-density development to establish unified neighborhoods for more efficient, economical community services and facilities and a more pleasant and diversified environment.

Permitted uses. See attached Zone Use Matrix.[1]

Uses allowed by special use permit. See attached Zone Use Matrix.

Dimensional regulations. The following dimensional regulations shall apply in this zone:

Purpose. The purpose of the Rural, Farming, Residential (RFR-1) Zone is to provide adequate land suitable for medium-density development to establish unified neighborhoods for more efficient, economical community services and facilities and a more pleasant and diversified environment. Creation of new lots of record for building purposes shall have a service connection to an existing community water supply as of the date of adoption of this chapter.

Permitted uses. See attached Zone Use Matrix.[1]

Uses allowed by special use permit. See attached Zone Use Matrix.

Dimensional regulations. The following dimensional regulations shall apply in this zone:

Purpose. The purpose of the Open Space and Public Land (OSPL) Zone is to ensure all OSPL owned by a public agency has a district associated with it in the event of transference or sale. This district regulates and manages any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, reserved, and preserved from private development. Such land includes the W. Alton - Jones Campus, state-owned Big River Reservoir property, Wickaboxet State Forest, Arcadia State Forest, Beach Pond State Park and other designated publicly owned land or water. A zoning district would safeguard such property therein, in the event of transference or sale, while granting, via special use permit exclusively, select public-related uses.

Uses allowed by special use permit. See attached Zone Use Matrix.[1]

Dimensional regulations. The following dimensional regulations shall apply in this zone:

The purpose of the Neighborhood Business Zone is to provide areas for business to serve the day-to-day needs of the residential population of the community. It is expected that areas of this zone classification will be located in a manner that is accessible to developed residential areas with the prospect that new locations will be so designated in the future by the Town Council as new residential development occurs.

Permitted uses. See attached Zone Use Matrix.[1]

Uses authorized by special use permit. See attached Zone Use Matrix.

Dimensional regulations.

Purpose. The purpose of the Highway Business Zone is to provide areas for commercial activities to serve the needs of the entire community and contiguous regions. It is expected that such zone will be located on major arteries or within a reasonable distance of major highway interchanges to maximize accessibility.

Permitted uses. See attached Zone Use Matrix.[1]

Uses authorized by special use permit. See attached Zone Use Matrix.

Dimensional regulations.

Purpose. The purpose of the Industrial A Zone is to provide areas for the future development of industrial and allied uses and to provide for existing uses of this nature. Areas so designated are considered to be geographically and topographically suitable for such use and are so designated in the interest of providing for the future economic growth of the community.

Permitted uses. See attached Zone Use Matrix.[1]

Uses authorized by special use permit. See attached Zone Use Matrix.

Dimensional regulations. The following dimensional regulations shall apply in this zone:

Purpose. The purpose of the Industrial B Zone is to provide areas for future development of industrial and allied uses which, due to the peculiar nature of their activities, require locations remote from other classes of use. Areas so designated are primarily undeveloped or are very sparsely developed to minimize adverse effect upon neighborhood properties and activities.

Permitted uses. See attached Zone Use Matrix.[1]

Uses allowed by a special use permit. See attached Zone Use Matrix.

Dimensional regulations. The dimensional regulations of the Industrial A Zone shall apply to the Industrial B Zone. In addition, the following special requirements shall be observed:

The purpose of the Exit 7 Special Management District ("SMD") is to establish design, density and dimensional criteria for a large-scale commercial development in the area located at Exit 7 along Interstate Route 95. It is the intent of this article to allow for a multi-year phased development that promotes high-quality design, provides employment opportunities and expands the Town's commercial tax base.

The purpose of the SMD is to provide an area for economic development in the community according to prescribed review and approval procedures, and according to design standards particular to the SMD. The SMD is intended to provide for a diversity of compatible land uses and development densities, which will include a mixture of retail sales, office, restaurant and hotel uses.

The special management district to be consistent with the West Greenwich Comprehensive Plan, as amended;

The Centre of New England development project, located at Exit 7, serves a regional purpose and consists of over 480 acres of land located in the Towns of Coventry, East Greenwich and West Greenwich;

The Centre of New England is one of the few undeveloped sites in the Town of West Greenwich serviced by public water, public sewers and natural gas; and

That portion of the Centre of New England located in West Greenwich, nearly 70 acres of a former gravel operation, is blighted.

Development within the SMD shall be reviewed and approved by the Planning Board as a major land development project as provided for in this chapter, and as administered under the Land Development and Subdivision Regulations.[1] A single application for a district-wide master plan shall be submitted to the Planning Board for review and approval in accordance with the Subdivision and Land Development Regulations. This application shall make note of all existing uses as well as present and future development plans for the entire area within the SMD, and the remaining area of the entire Centre of New England.

Existing conforming uses seeking approval for enlargement or significant expansion or change to another permitted use code category shall be reviewed as new uses. Existing nonconforming uses within the SMD may be continued as provided in § 400-95.

Permitted uses, and accessory uses. See attached Zone Use Matrix.

Uses allowed by special use permit. See attached Zone Use Matrix.

Drive-through windows are permitted in the SMD by special use permit.

Parking garages are permitted as an accessory use.

The Planning Board shall determine, at the time of review for approval of or amendment to a previously approved land development project within the SMD, that the proposed use is consistent with the Comprehensive Community Plan. Changes to an approved land development project shall be reviewed as provided in Chapter 450, Subdivision and Land Development Regulations, § 450-25.

The Planning Board shall, in reviewing applications for development within the SMD, apply such controls and restrictions as may be necessary to achieve a synergetic proportion of total land that is devoted to different uses. The Board shall require that at least 80% of the total land in the entire SMD be used for commercial use. At least 10% of the total land area in the entire SMD shall be pervious and landscaped, as provided in § 450-36, Landscaping, below.

The provisions of Article II, § 400-24D, Dimensional regulations, shall not apply to uses in the SMD.

Land development projects. Two or more commercial structures may be located on the same lot in accordance with the following dimensional regulations:

Ratios. Parking ratios for all uses within the SMD shall be:

Landscaping. Parking lot landscaping for all uses within the SMD shall be as provided in this chapter.

Shared parking. Common parking areas shall be encouraged for mixed-use developments which have different hours, days and/or seasons of peak parking demand. The Planning Board may, in approving development within the SMD, permit individual parking standards to be reduced for separate uses where it can be demonstrated that adequate parking may be made available on a shared basis. The Planning Board may require written easements or other assurances as may be required to enforce shared parking arrangements. Where reasonable and practicable, the Planning Board shall require common driveways and interconnected parking lots in order to facilitate shared parking.

Required loading and service areas. When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping, and shall be visually impervious.

All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened, and shall extend on three sides of such an area, with a gate or door on the fourth side. A brick wall, if used, shall be capped at the top. The Planning Board may modify this requirement if such area is not visible from abutting property or streets and, in the opinion of the Planning Board, is not necessary in order to screen or buffer abutting property or streets or to otherwise meet the purposes of the Comprehensive Plan or this chapter.

Parking GARAGES, above- or below ground, are permitted.

Accessory parking areas for uses not located within the SMD are not permitted; except the parking on Lot 4-6.

At least 10% of the total land in the SMD shall be pervious and landscaped. The following uses shall be considered pervious, landscaped areas:

Landscaping shall be evenly distributed throughout the SMD, not designated to any one section of the development, i.e., a minimum of 10% of each lot.

A diversity of roof heights, gable orientations and volumes in new buildings shall be considered. New buildings shall be designed with traditional roof forms that are compatible with the character of the Town and other small New England towns.

Architectural elements such as dormers should be in proportion with the overall building and should also be in keeping with the surrounding building context. Exaggerated or excessively large (or small) architectural elements shall be avoided. The Planning Board shall require traditional New England style architectural drawings, or typical drawings, of the exteriors of proposed new buildings to be submitted as part of review of land development projects.

The Planning Board shall require a submission of a comprehensive signage plan for all uses, individual buildings or a complex of buildings and uses as part of its review. The signage plan shall include conceptual drawings and supporting information describing the proposed signage for all major buildings and uses, including entrance signs, directional signs, a typical lighting plan, etc. The applicant shall also provide the Planning Board with a typical sign for all directory and directional signs. Once the typical signage plan is approved, the Zoning Enforcement Officer shall issue specific sign permits.

Revisions to signs in an approved signage plan shall be reviewed by the administrative officer as an amendment to an approved plan, as provided in Chapter 450, Subdivision and Land Development, Article VI, § 450-25.

For commercial uses in the SMD there may be up to 200 square feet of wall-mounted sign for each use within a building.

Permitted signs within the district may be illuminated or indirectly illuminated.

The Planning Board may approve two pylon signs for the commercial portion of the SMD. One sign shall not exceed 135 feet in height, nor exceed 3,500 square feet in surface area; the other sign shall not exceed 100 feet in height and 400 square feet in surface area.

Streets, parking areas, pedestrian areas and other actively used development in the SMD shall be provided with adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and public rights-of-way. Streetlights shall be decorative and blend with the architectural style of buildings in the SMD.

The applicant shall submit a lighting plan at the preliminary stage of review, designed and stamped by a Rhode Island licensed electrical engineer.

Any use, including careless construction activity, that emits dust, sweepings, dirt, or cinders into the atmosphere, or discharges liquid, solid wastes, or other matter into any street, property or wetland which may adversely affect the health, safety, comfort of, or intended use of their property by persons within or adjacent to the SMD.

The escape or discharge of any fumes, odors, gases, vapors, steam, acids or other substance into the atmosphere which may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the SMD or which may be harmful to property or vegetation.

The radiation or discharge of intense glare or heat, or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened building and then only in such a manner that the glare, heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which said operation is conducted.

Excessive noise. No outside speaker or public address system shall be permitted without the express written consent of the Planning Board. At no point outside of any lot line shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation, exceed the decibel levels set forth in Article VI.

Storage of hazardous materials. No material of a hazardous character, as defined by the Hazardous Substance Act (R.I.G.L. § 23-24-2) shall be stored except within a building having roofing, walls and floors constructed of such materials as to render said building weathertight, and so as to prevent leakage of materials into the ground or release into the atmosphere. Storage and use of such materials shall be in strict compliance with the requirements of applicable local, state and federal agencies governing such storage and use.

The fee for any application in the SMD shall be set from time to time by the Town Council for the following:

This fee structure shall be in lieu of all other application fees.

The applicant of a land development project shall deposit an amount established by the Town Council in a dedicated project review fees account as part of each application, which shall be administered in accordance with Chapter 450, Land Development and Subdivision Regulations, Article XI, § 450-41.

Chapter 450, Land Development and Subdivision Regulations, Article VII, regarding guarantee of public improvements, shall also apply to the SMD, where appropriate.

Development within the SMD shall be constructed in phases. In order to regulate the development of new construction within the SMD, and to prevent excessive development from exceeding the capacity of the Town and/or other public or private agencies to provide essential services and facilities, the Planning Board shall require that commercial phasing shall be constructed over four consecutive calendar years.

Minimum commercial phasing schedule (acceleration is permitted):

Commercial Phase 1 shall commence in calendar year 2005.

The purpose of the Corporate Zoning District (the "CZD") is to provide an area for economic development in the community according to prescribed review and approval procedures, and according to design, density, and dimensional criteria particular to the CZD. The CZD is intended to provide for large-scale developments which incorporate a diversity of compatible land uses, which may include a mixture of office, light industrial, hotel, and compatible ancillary retail uses.

It is the intent of this article to allow for a multi-year phased development that promotes high-quality design, provides employment opportunities, and expands the Town's tax base. Economics and demographics require an update and revisions since the last amendment in 2006.

The CZD is consistent with the West Greenwich Comprehensive Plan, as amended; and

The CZD provides for large-scale mixed-use and multistructure planned development.

The CZD needs to be commensurate with current technology and innovation.

Development within the CZD shall be reviewed and approved by the Planning Board as a major land development project as provided for in this chapter, and administered under Chapter 450, Land Development and Subdivision Regulations, of the Town Code. A single application for a master plan for the CZD shall be submitted to the Planning Board for review and approval in accordance with the Land Development and Subdivision Regulations. This application shall make note of all existing uses. Preliminary and final approval may be sought in stages, with appropriate modifications of the master plan. The subdivision of any proposed lots shall occur after final approval of the specific lots for which preliminary and final approval is sought.

Existing conforming uses seeking approval for enlargement or material expansion, or change to another permitted use code category, shall be reviewed as new uses. Existing nonconforming uses within the CZD may be continued as provided in § 400-95.

Use matrix.

The Planning Board shall apply such controls and restrictions as may be necessary to achieve a synergetic proportion of total land that is devoted to different uses. Individual retail trade uses shall be limited to a maximum of 20,000 gross square feet.

Roads within the CZD shall be privately owned and maintained.

Minimum lot size for commercial and industrial buildings: two acres.

Minimum frontage (including frontage on private roads): 100 feet.

Minimum yard requirements (except for existing buildings):

Minimum separation between buildings (except for existing buildings): 25 feet.

Maximum lot coverage ratio (ratio of area of building to area of lot): 40%.

Maximum impervious area (ratio of area of impervious surfaces to area of lot): 65%.

Maximum building height (excluding gables and other architectural elements):

Maximum accessory building height: 40 feet.

Multiple buildings. Two or more buildings are permitted on one lot.

Minimum buffer:

Minimum district size: 15 acres.

Ratios. Parking ratios for existing uses within the CZD shall remain the same. All new uses within the CZD shall satisfy the applicable parking requirement set forth in the following table:

Landscaping. Ten percent of the area of all parking lots shall be landscaped.

Shared parking. Common parking areas shall be encouraged for mixed-use developments which have different hours, days and/or seasons of peak parking demand. The Planning Board may permit individual parking standards to be reduced for separate uses where it can be demonstrated that adequate parking may be made available on a shared basis. The Planning Board may require written easements or other assurances as may be required to enforce shared parking arrangements. Where reasonable and practical, the Planning Board may require common driveways and interconnected parking lots to facilitate shared parking.

Loading and service areas. When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping, and shall be visually impervious.

Refuse areas. All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened, and shall extend on three sides of such an area, with a gate or door on the fourth side. A brick wall, if used, shall be capped at the top. The Planning Board may modify this requirement if such area is not visible from abutting property or streets, and, in the opinion of the Planning Board, is not necessary in order to screen or buffer abutting property or streets or to otherwise meet the purposes of the Comprehensive Plan or this chapter.

Parking garages. Above- and below ground parking garages are permitted.

Accessory parking. Accessory parking areas for uses not located within the CZD are not permitted.

A minimum of 20% of the area of the CZD and a minimum of 25% of the area of each lot in the CZD shall be pervious and landscaped. The following areas shall be considered pervious and landscaped areas:

Landscaping shall be evenly distributed throughout the CZD and not designated to any one section of the development.

The Planning Board shall require the submission of a comprehensive signage plan for all uses, individual buildings or a complex of buildings and uses as part of its review. The signage plan shall include conceptual drawings and supporting information describing the proposed signage for all major buildings and uses, including entrance signs, directional signs, a typical lighting plan, etc. The applicant shall also provide the Planning Board with a typical sign for all directory and directional signs. Once the typical signage plan is approved, the Zoning Enforcement Officer shall issue specific sign permits.

Revisions to signs in an approved signage plan shall be reviewed by the administrative officer as an amendment to an approved plan, as provided in Chapter 450, Land Development and Subdivision Regulations, § 450-25.

The CZD shall follow the regulations in Article VII, Sign Regulations, of this chapter, except as otherwise permitted below.

Commercial and industrial buildings in the CZD may have signs totaling up to 200 square feet for each building.

Directional signs within the CZD shall be permitted, subject to normal architectural standards. Permitted signs within the CZD may be illuminated or indirectly illuminated. No flashing signs nor portable or mobile signs shall be permitted.

The Planning Board may approve one pylon sign for the CZD, for uses in the CZD only. No off-premises advertising is permitted. The sign shall not exceed 100 feet in height nor exceed 1,500 square feet in surface area.

Streets, parking areas, pedestrian areas and other actively used development in the CZD shall be provided with adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and public rights-of-way. Streetlights shall be decorative and blend with the architectural style of buildings in the CZD.

The applicant shall submit a lighting plan at the preliminary stage of review, designed and stamped by a Rhode Island licensed electrical engineer.

Any use, including careless construction activity, that emits dust, sweepings, dirt, or cinders into the atmosphere, or discharges liquid, solid wastes, or other matter into any street, property or wetland which may adversely affect the health, safety, comfort of or intended use of their property by persons within or adjacent to the CZD.

The escape or discharge of any fumes, odors, gases, vapors, steam, acids or other substance into the atmosphere, which may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the CZD or which may be harmful to property or vegetation.

The radiation or discharge of intense glare or heat, or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened building and then only in such a manner that the glare, heat or radiation emitted shall not be discernible from any point exterior to the site or lot upon which said operation is conducted.

Excessive noise. No outside speaker or public address system shall be permitted without the express written consent of the Planning Board. At no point outside of any lot line shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation, exceed the decibel levels set forth in Article VI.

Storage of hazardous materials. No material of a hazardous character, as defined by the Hazardous Substance Act (R.I.G.L. § 23-24-2), shall be stored except within a building having roofing, walls and floors constructed of such materials as to render said building weathertight, and so as to prevent leakage of materials into the ground or release into the atmosphere. Storage and use of such materials shall be in strict compliance with the requirements of applicable local, state and federal agencies governing such storage and use.

The fee for any application in the CZD shall be set from time to time by the Town Council for the following:

This fee structure shall be in lieu of all other application fees.

The applicant for a land development project shall deposit an amount established by the Town Council in a dedicated project review fee account as part of each application, which shall be administered in accordance with Chapter 450, Land Development and Subdivision Regulations, § 450-41.

Chapter 450, Land Development and Subdivision Regulations, Article VII, regarding guarantee of public improvements, shall also apply to the CZD, where appropriate.

The purpose of the Senior Village District ("SVD") is to establish design, density and dimensional criteria for a small-scaled age-restricted, multifamily development in the area located at Exit 7 along Interstate Route 95. It is the intent of this article to allow for a development that promotes high-quality design, provides for multifamily residential development where public sewer and water are available, and provides various housing choices.

It is also the purpose of the SVD to encourage development of residential uses which have little impact on services, including but not limited to public school enrollments, and which are within the capacities of the Town to provide educational services; and to permit residential densities and dwelling unit types that are compatible within a mixed-use area but which may not be compatible with other residential areas of the Town.

The purpose of the SVD is to allow senior residential uses in a transitional area between single-family dwellings, and commercial uses, and Route 95.

The Senior Village District to be consistent with the West Greenwich Comprehensive Plan, as amended;

The proposed site is one of the few undeveloped sites in the Town of West Greenwich that can be serviced by public water, and public sewer;

There exists a need in the Town of West Greenwich for age-restricted residential units, leasehold and fee; and

The proposed site serves as a transitional zone between single-family dwellings and Route 95.

Permitted uses and accessory uses: single family; two family; multifamily; customary home occupations; community residences; swimming pools; subdivision parks and community centers. All other uses are prohibited.

Playgrounds are prohibited.

The Planning Board shall determine, at the time of review for approval, that the proposed use is consistent with the Comprehensive Community Plan. Changes to an approved land development project shall provided in Chapter 450, Land Development and Subdivision Regulations, § 450-25.

Permitted residential uses shall be regulated by net density as well as by the dimensional standards set forth herein. The provisions of Article II, § 400-24D, Dimensional regulations, shall not apply to uses in the SVD.

Incentives authorized. This article permits increases in residential density and reduction of certain dimensional requirements, not permitted in other zoning districts, as a municipal support program for the creation of senior housing, and as an incentive for construction of dwellings that have been documented as having relatively low impacts on public school enrollments as compared to traditional single household dwellings.

Land development projects within the SVD. Two or more multifamily structures may be located on the same lot in accordance with the following standards:

Ratios. Parking ratios for all uses within the SVD shall be:

Landscaping. Parking lot landscaping for all uses within the SVD shall be as provided in this chapter.

Required loading and service areas. When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping, and shall be visually impervious.

All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened, which shall extend on three sides of such an area, with a gate or door on the fourth side. A brick wall, if used, shall be capped at the top. The Planning Board may modify this requirement if such area is not visible from abutting property or streets, and, in the opinion of the Planning Board, is not necessary in order to screen or buffer abutting property or streets or to otherwise meet the purposes of the Comprehensive Plan or this chapter.

Accessory parking areas for uses not located within the SVD are prohibited.

At least 40% of the total land in the SVD shall be pervious, either undisturbed or landscaped. The following uses shall be considered pervious, landscaped areas:

Landscaping shall be evenly distributed throughout the SVD, not designated to any one section of the development; i.e., a minimum of 40% of each lot, excepting existing units. Landscaping shall be designed in accordance with the additional requirements of Chapter 450, Land Development and Subdivision Regulations, § 450-49, Landscaping standards.

A diversity of roof heights, gable orientations and volumes in new buildings shall be considered. New buildings shall be designed with traditional roof forms that are compatible with the character of the Town and other small New England towns.

Architectural elements such as dormers should be in proportion with the overall building and should also be in keeping with the surrounding building context. Exaggerated or excessively large (or small) architectural elements shall be avoided. The Planning Board shall require traditional New England style architectural drawings, or typical drawings, of the exteriors of proposed new buildings to be submitted as part of review of land development projects.

Streets, parking areas, pedestrian areas and other actively used development in the SVD may be provided with adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and public rights-of-way. Streetlights shall be decorative and blend with the architectural style of buildings in the SVD.

The applicant shall submit a lighting plan at the preliminary stage of review, designed and stamped by a Rhode Island licensed electrical engineer.

Age restriction to 55 years and older. All residential dwelling units within the SVD shall be designed for and restricted to occupancy by at least one person aged 55 and over.

The fee for any application, in lieu of all other application fees, in the SVD shall be set from time to time by the Town Council for the following:

The applicant of a land development project shall deposit an amount established by the Town Council in a dedicated project review fees account as part of each application, which shall be administered in accordance with Chapter 450, Land Development and Subdivision Regulations, Article XI, § 450-41. Chapter 450, Land Development and Subdivision Regulations, Article VII, regarding guarantee of public improvements shall also apply to the SVD, where appropriate.

The purpose of the Nooseneck Senior Residential District ("NSRD") is to establish design, density and dimensional criteria for a small-scaled, age-restricted, multifamily development in the area located near Exit 6 off Interstate Route 95. It is the intent of this article to allow for a development that promotes high-quality design, provides for multifamily residential development where public water is available, and provides various housing choices.

It is also the purpose of the NSRD to encourage development of residential uses which have little impact on services, including but not limited to public school enrollments, and to permit residential densities and dwelling unit types that are compatible within a mixed-use area but which may not be compatible with other residential areas of the Town.

The purpose of the NSRD is to allow senior multifamily uses in a predominantly commercial area, and readily accessible to Route 95.

The NSRD to be consistent with the West Greenwich Comprehensive Plan, as amended;

The proposed site is one of the larger sites in the area that be serviced by public water:

There exists a need in the Town of West Greenwich for age-restricted residential units, leasehold and fee; and

The proposed site serves as a transitional border on the Coventry town line.

Permitted uses and accessory uses: single family; two family; multifamily; customary home occupations; community residences; swimming pools; subdivision parks and community centers. All other uses are prohibited.

Playgrounds are prohibited.

The Planning Board shall determine, at the time of review for approval, that the proposed use is consistent with the Comprehensive Community Plan. Changes to an approved land development project shall provided in Chapter 450, Land Development and Subdivision Regulations, § 450-25.

Permitted residential uses shall be regulated by net density as well as by the dimensional standards set forth herein. The provisions of Article II, § 400-24D, Dimensional regulations, shall not apply to uses in the NSRD.

Incentives authorized. This article permits increases in residential density and reduction of certain dimensional requirements, not permitted in other zoning districts, as a municipal support program for the creation of senior housing, and as an incentive for construction of dwellings that have been documented as having relatively low impacts on public school enrollments as compared to traditional single-household dwellings.

Land development projects within the NSRD. Two or more multifamily structures may be located on the same lot in accordance with the following standards:

Ratios. Parking ratios for all uses within the NSRD shall be:

Landscaping. Parking lot landscaping for all uses within the NSRD shall be as provided in this chapter.

Required loading and service areas. When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping, and shall be visually impervious.

All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened, which shall extend on three sides of such an area, with a gate or door on the fourth side. A brick wall, if used, shall be capped at the top. The Planning Board may modify this requirement if such area is not visible from abutting property or streets, and, in the opinion of the Planning Board, is not necessary in order to screen or buffer abutting property or streets or to otherwise meet the purposes of the Comprehensive Plan or this chapter.

Accessory parking areas for uses not located within the NSRD are prohibited.

At least 40% of the total land in the NSRD shall be pervious, either undisturbed or landscaped. The following uses shall be considered pervious, landscaped areas:

Landscaping shall be evenly distributed throughout the NSRD, not designated to any one section of the development; i.e., a minimum of 40% of each lot. Landscaping shall be designed in accordance with the additional requirements of Chapter 450, Land Development and Subdivision Regulations, § 450-49, Landscaping standards.

A diversity of roof heights, gable orientations and volumes in new buildings shall be considered. New buildings shall be designed with traditional roof forms that are compatible with the character of the Town and other small New England towns.

Architectural elements such as dormers should be in proportion with the overall building and should also be in keeping with the surrounding building context. Exaggerated or excessively large (or small) architectural elements shall be avoided. The Planning Board shall require traditional New England style architectural drawings, or typical drawings, of the exteriors of proposed new buildings to be submitted as part of review of land development projects.

Streets, parking areas, pedestrian areas and other actively used development in the NSRD may be provided with adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and public rights-of-way. Streetlights shall be decorative and blend with the architectural style of buildings in the NSRD. All lighting shall be "dark-sky" compliant.

The applicant shall submit a lighting plan at the preliminary stage of review, designed and stamped by a Rhode Island licensed electrical engineer.

Age restriction to 55 years and older. All residential dwelling units within the NSRD shall be designed for and restricted to occupancy by at least one person aged 55 and over.

The fee for any application, in lieu of all other application fees, in the NSRD shall be set from time to time by the Town Council for the following:

The applicant of a land development project shall deposit an amount established by the Town Council in a dedicated project review fees account as part of each application, which shall be administered in accordance with Chapter 450, Land Development and Subdivision Regulations, Article XI, § 450-41. Chapter 450, Land Development and Subdivision Regulations, Article VII, regarding guarantee of public improvements shall also apply to the NSRD, where appropriate.

An applicant shall provide the Zoning Inspector with a site plan which shall clearly indicate the following:

The Zoning Inspector may require a drawing of any building elevation that faces a public road.

When the Zoning Inspector deems the site plan submitted to be in final form and acceptable, the applicant shall endorse each final plan and drawing on its face with a notarized statement that the plan or drawing is the plan or drawing that will be adhered to for the proposed construction and development. One copy of each final plan or drawing so endorsed shall be provided to the Zoning Inspector for his permanent records.

Noise.[1]

Vibration.

Fire and explosive hazards. All operations, activities and uses shall comply with applicable provisions of the Fire Safety Code of the State of Rhode Island.

Glare.

Heat. Any use producing heat shall be shielded so that no increase in the ambient temperature can be recorded on or beyond the property line of any residential properties.

Smoke and other forms of air pollution. All operations, activities and uses shall comply with the Air Pollution Control Regulations of the Rhode Island Department of Environmental Management issued under the provisions of Title 23, Chapter 23 of the General Laws of Rhode Island, as amended.

Sewage and water-borne wastes.[2]

Radioactive materials. The handling of radioactive materials, the discharge of such materials into the air and/or water, and the disposal of radioactive wastes shall be in conformance with the applicable regulations of the United States Nuclear Regulatory Commission and rules and regulations for the controls of radiation established by the Rhode Island Department of Health.

Electrical interference. Electrical or electronic interference or emissions induced by the operation of any electrical or electronic equipment or device located on the property shall not be such as to affect the operation of any electrical or other equipment or device located off the property, or to affect the physical health of any person on or off the property.

Wetlands. Areas classified as "wetlands" by R.I.G.L. §§ 2-1-18 through 2-1-24, as amended, shall be subject to the provisions of that law.

Resource allocation. Development of the property shall take into consideration the availability of water and energy supply and, to the extent feasible, the developer shall make efficient use of such resources.

Screening of utilities. All transformers, meters or similar utility apparatus shall be screened in such a manner as to prevent vision of such equipment from any public road or adjacent property.

Outdoor storage. Outdoor storage of equipment and material(s) shall be screened by natural objects or an opaque hedge or fence at least six feet in height in such a manner as to prevent visibility of such equipment and material(s) from any public road or adjacent property. There shall be no outdoor storage of equipment or materials between any building and any public road.

Affidavit from applicant. The Zoning Inspector shall require an affidavit from the applicant acknowledging his understanding of the standards and regulations in §§ 400-80 and 400-81 of this article, and his continuing agreement to comply with them.

Plans and specifications. The Zoning Inspector shall require the submission of plans and specifications of any proposed machinery and operations techniques to be used to meet the operating performance standards. No applicant shall be required to reveal any secret or proprietary processes.

Review by the Zoning Inspector.

Probable violations. In the event of a determination by the Zoning Inspector that a probable violation of the performance standards has occurred after the granting of a permit, a written notice of the probable violation shall be sent by certified or registered mail to the owner of the industrial use. The notice shall further state that upon the continuation of the probable violation, technical determinations as described in this chapter shall be made, and that if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be a charge against those responsible for the violation, but that if it is determined that no violation exists, the cost of the determination will be paid by the Town of West Greenwich.

Review by the Planning Board. Cases involving probable violations may be referred by the Zoning Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 400-80 of this article. The Planning Board shall make known its finding in writing to the Zoning Inspector and the owner of the industrial use.

Violations.

Re-compliance. An industrial use so charged and proven to have violated the provisions of this chapter shall not be allowed to resume operation until it has been issued a certificate of compliance by the Zoning Inspector. To obtain such certificate, the violator must prove to the satisfaction of the Zoning Inspector that the violation has been corrected and that all requirements of this chapter have been met. The Zoning Inspector may require changes in plans for land use, structures, or operations as may be necessary to assure compliance with this chapter and standards and limitations required in §§ 400-80 and 400-81 of this article.

Change of use. Any change of use that violates or may potentially violate a certification previously granted shall require a new application for the new or altered use in accordance with the preceding sections of this article.

Improve pedestrian and traffic safety;

Encourage the effective use of signs as a means of communication and ensure that signs adequately identify uses or activities to the public;

Preserve and enhance the Town's character; protect property values; and maintain and improve the visual quality of commercial and industrial areas, which promotes the economic interests of the Town, by requiring new and replacement signs which:

The term "sign" means any display of lettering, logos, colors, lights or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products, services, or facilities available, either on the lot or any other premises, whether permanent or temporary, but excluding window displays and merchandise. The following regulations shall apply to all signs over two square feet in area, except those exempted in § 400-91 of this article.

It shall be unlawful for any person to erect, display, alter or enlarge any sign without first obtaining a permit from the Zoning Enforcement Officer and paying the appropriate fees.

Issuance of sign permit. Permits shall be issued only if the Zoning Enforcement Officer determines the sign complies or will comply with all applicable provisions of this article. The Zoning Enforcement Officer's decision, or failure to act, may be appealed to the Zoning Board of Review. If the work authorized under the sign permit has not been completed within six months after the date of issuance, said permit shall become null and void.

Nonconforming signs.

Prohibitions. These regulations apply to all zoning districts.

Measurement of sign area.

Safety standards. No sign may be erected or maintained which:

Permitted signs:

Locations of signs.

Lighting of signs. Signs may be lighted only be an external, continuous incandescent white light, downward shielded and of no more than a maximum of 20 footcandles at the surface.

Permitted signs:

Location of signs.

Lighting of signs.

Term. A temporary sign permit shall allow the use of a temporary sign for a specified fifteen-day period for special events.

Number. Only two temporary sign permits shall be issued to the same business license holder on the same zone lot in any calendar year for special events, such as a grand opening, retail sale, advertisement of a new product, etc. This restriction shall not apply to property sale, lease, or rent signs for the premises.

Temporary commercial and industrial real estate signs shall be permitted for industrial and commercial properties. One common sign with a maximum sign area of 32 square feet shall be permitted for posting at local Town or state roads, per road on which the property has frontage. One common sign with a maximum sign area of 90 square feet shall be permitted for posting at Interstate 95. A real estate sign shall be maintained in good condition on any property being sold or rented but shall be removed by the owner or agent within 30 days of the sale, rental or lease agreement. Temporary real estate sign permits shall be renewed every 60 days.

Construction signs shall be permitted for residential and commercial developments after the project has received preliminary plan approval from the Planning Board. One temporary sign per project, displaying the name of the contractor and/or subcontractors employed on a work site, and/or the consultant and/or financial institutions participating in the project, shall be allowed to be placed on the premises during the term of construction, not to exceed two years, and shall be either freestanding or attached to the structure and shall not exceed 12 square feet in a residential zone or 32 square feet in all other zones. Such signs shall be removed within 30 days following the completion or abandonment of construction. A temporary construction sign permit shall be renewed every four months.

Illumination. Temporary signs shall not be illuminated.

Height and location. Temporary signs shall be placed in accordance with the height and location regulations pertaining to the zoning district in which the sign is located, in accordance with §§ 400-87 and 400-88 of this article.

Permit fees. The fee per temporary sign permit or renewal shall be set from time to time by the Town Council.

No person shall post or affix any notice, poster or other paper or device to any lamppost, public utility post or shade tree, or upon any public property, or in any manner prohibited under R.I.G.L. § 5-18-1, except as may be authorized or required by law.

Upon a finding of the building official that any notice, poster or other paper or device within the Town is in such violation of the requirements of this article, he may give notice thereof to the owner of the notice, poster or other paper or device to comply with the requirements of this article within 24 hours after service of notice. Such notice shall contain a statement of the findings of the building official as to violations and a description of the notice, poster or other paper or device as well as its location. Such notice may be given personally or by certified mail to the individuals listed on the notice, poster or other paper or device and service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with postage prepaid. Nothing in this section shall prohibit Town employees from removing the notice, poster or other paper or device.

Enforcement authority. The Town Building Official is authorized to:

Upon failure of the owner of such notice, poster or other paper or device to remedy the conditions existing in violation of the requirements hereof within seven days after service of notice to do so as provided herein, the building official or his designee may proceed to Rhode Island District Court where, upon conviction, said owner shall be fined in accordance with the ordinances of the Town, and shall be required to pay the costs of remediation and cleaning incurred by the Town.

Right to appeal. Any person owning all or any interest in said property shall have the right to appeal the findings of violation within seven days of service of the notice thereof, to the Rhode Island District Court. Appeals from any decision of the Rhode Island District Court may be appealed to the Superior Court within seven days.

Flags of all nations, states, counties, towns and cities flown in compliance with the United States Flag Code, and flags and buntings exhibited to commemorate national patriotic holidays.

Temporary real estate signs advertising sale, lease, or rent for individual residential property on which the sign is located. Residential real estate signs shall not exceed six square feet in area. Only one residential real estate sign per lot shall be permitted. The sign shall be removed within seven days of the sale, rental, or lease agreement. "Open house" real estate signs not exceeding two square feet and erected only one day out of every seven days may be permitted off-premises.

Temporary notices of yard sales. A maximum of four signs per sale, not to exceed a total of two square feet per sign, may be erected off-premises. All signs must be removed within 48 hours of the sale.

Signs prohibiting trespass, hunting and the like, signs warning of danger, and necessary public utility signs, not to exceed a total area of two square feet.

Temporary window signs, such as signs advertising a sale. Normal displays of merchandise in windows shall not be considered to be signs.

Traffic and other governmental signs erected by any public safety agency in the discharge of any governmental function.

Signs designating historical places, recreation areas, or other points of interest, erected by governmental authority or the like, not to exceed a total area of 12 square feet.

Informational and directional signs containing no advertising, to direct traffic flow, indicating entrance, exit, parking, or points of interest or other essential information to guide vehicular or pedestrian traffic flow. Such signs shall be erected on the premises, not exceed a total area of 1.5 square feet per sign and not exceed a maximum height of 36 inches from the ground. Such signs shall incorporate conventional instructions and symbols, but shall be integrated by style and materials with other signage and landscape elements in the development. Informational and directional signage shall be approved by the Planning Board as part of the overall development plan review.

Temporary signs for events for church, school or other public or nonprofit use, which may not exceed a total area of 24 square feet for a maximum fifteen-day period per event.

Temporary political signs advising voters of a candidate or a position in a forthcoming election. Each lot shall be allowed without permit one sign per candidate or issue, and each sign shall not exceed eight square feet. All political signs must be removed within seven days of the political election or event.

Subdivision identification sign as part of the approval by the Planning Board of a major subdivision of six or more lots. One freestanding permanent sign may be installed at one exclusive entrance to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on Town-owned or -controlled land.

Any structure or use, erected or constructed after the date of passage of this chapter shall provide off-street parking facilities in accordance with the following minimum requirements:

Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for a permit for the main use. In allocating area for off-street parking facilities, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet, and shall be served by suitable aisles to permit access into all parking spaces. In no case shall the gross area of the parking facility be less than 300 square feet per parking space.

All parking facilities provided under this section shall be constructed on or adjacent to the site of the main use. Off-street parking lots of more than two motor vehicle capacity shall conform to the following standards of construction:

In a residential zone, the parking or storage of commercial vehicles of over 1.5 tons' capacity and of commercial or house trailers shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use or legal nonconforming use.

No major recreational equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.

No major recreational equipment shall be stored out of doors in a Rural, Farming, Residential Zone unless it is in condition for safe and effective performance of the function for which it was intended or can be made so within a six-month period.

Location of facilities.

Requirements.

Any use lawfully existing on the effective date of this chapter or any amendment thereto and not conforming to the use or dimensional regulations of the zone in which it is located shall be considered a "lawful nonconforming use." A lawful nonconforming use may be continued, except as provided below:

For the purpose of this chapter, the following actions shall indicate an intention to discontinue a lawful nonconforming use:

If a lawful nonconforming use is destroyed by reason of fire, accident or by act of God, such use may be reconstructed or replaced, provided such reconstruction or replacement is in the same location and does not exceed the destroyed building or use in total floor area or used land area.

If a lawful nonconforming use is demolished at the direction of the owner, such use may not be reestablished without a special use permit from the Zoning Board of Review, which must be applied within one year from the date of demolition. Nothing in this chapter shall prevent or be construed to prevent the performance of normal maintenance work or work necessary to comply with safety codes on a lawful nonconforming use.

A lawful nonconforming use may be changed to another nonconforming use only with a special use permit from the Zoning Board of Review. Existing buildings to remain (and reused) must obtain a system suitability determination from the RI Department of Environmental Management, if an on-site septic system (OWTS) serves the building. Existing buildings to remain (and reused) must be brought up to the requirements of the RI State Building Code, as may be in effect at the time, for changes of use.

Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.

This article is hereby cross-referenced and subject to the review procedure, fee structure requirements, and standards necessary for proper review as established in Chapter 450, Land Development and Subdivision Regulations, which is provided for by the Rhode Island Land Development and Subdivision Review Enabling Act of 1992. The requirements of the physical design requirements and public improvement standards section of the Land Development and Subdivision Regulations are herein incorporated.[1]

No building permit may be issued for any building within the purview of this chapter, except in conformance with an approved development plan. No certificate of occupancy may be issued for any building or use of land within the purview of this chapter unless the building is constructed or used, or the land is developed or used in conformity with an approved site development plan. Every application for site development plan review shall be accompanied by a certification by the West Greenwich Planning Board to the effect that the plan meets all the specific applicable requirements of this chapter, and a certificate that the plan meets all the applicable standards and requirements established or approved by that Board.

As part of the development plan review process, the Planning Board may request opinions and technical review by federal and state agencies as they deem appropriate. Referrals shall also be made to the Conservation Commission, Highway Department and other local agencies as needed.

Site development plan approval by the Planning Board shall be required in all districts for:

Ecological considerations. The development shall:

Landscape. The landscape shall be preserved in its natural state, insofar as environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacements or to other landscape treatment. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. A minimum of 15% of all sites shall be landscaped. Refer to Chapter 450, Land Development and Subdivision Regulations, for specific requirements.

Relationship of proposed structures to environment.

Scenic, historic, archaeological landmark sites. Scenic, historical, archaeological landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected. In proposed developments where such sites have been identified, advisory opinions shall be sought from appropriate state and local agencies.

Surface water drainage. A proposed development shall be designed so as to provide for proper surface water management through a system of controlled drainage that:

Driveway connection to public streets.

Traffic effects. The site development proposal generally shall minimize adverse traffic effects on the road networks serving the area in question. A traffic study may be required to document the existing conditions and the potential impact of the proposed development.

Pedestrian safety. Pedestrian and bicycle circulation shall be separated from motor vehicle circulation; safe and convenient pedestrian circulation, including sidewalks, where appropriate, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize potential conflicts between vehicles, bicycles and pedestrians.

On-site parking and circulation.

Utility services. Electric, telephone, other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and to the site.

Fees. Refer to Chapter 450, Land Development and Subdivision Regulations, for applicable fees.

Required submissions. Refer to Chapter 450, Land Development and Subdivision Regulations, for submission requirements and review procedures.

A survey of the subject property having an error of closure not in excess of one in 25,000, indicating all lengths in feet and decimals of a foot, and all angles to the nearest 10 seconds, or closer if deemed necessary by the surveyor.

A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.

All proposed lots, easements, and public areas.

All proposed streets with:

A copy of the reports of any environmental analysis performed on the development site which relates to the existence of hazardous substances.

An erosion and sedimentation control plan.

Environmental analysis reports of existing conditions and potential impacts.

Groundwater studies.

Compliance requirements and penalties shall be as noted in Chapter 450, Land Development and Subdivision Regulations.

The applicant shall be required to post performance bonds in sufficient amounts and duration to assure that all provisions of the approved development plan are in compliance and/or shall be required to complete all improvements prior to issuance of a certificate of occupancy. A performance bond must remain in effect in accordance with the provisions of Chapter 450, Land Development and Subdivision Regulations.

The permit/license required by § 400-107 shall not be issued until application therefor is made to the Town Council. Said application will be forwarded to the Planning Board for review and advisory opinion. Such application shall be accompanied by the following documentation:

The Planning Board will have 45 days from the time the Planning Board accepts the application as complete to conclude its review and forward comments to the Town Council. The applicant will then prepare and submit a final plan for the permit.

In connection with the application for a permit, the Town Council may grant or deny any application filed pursuant to this article in whole or in part, and in so acting shall take into account public health, safety and welfare, including the possibility of dust, noise, unsightly waste, soil erosion, drainage problems and protection of property values, together with such other factors as it shall deem appropriate, and may impose conditions which, in its discretion and judgment in each particular case, are designed to prevent personal injury, to promote the health and welfare of the Town's residents and to safeguard the surrounding area and the Town against permanent and temporary injury to property values either during operation of the gravel bank (including the handling and transportation of earth materials) or after operations are completed.

However, all permits shall require that:

The Planning Board may stipulate other site/operational specific conditions in the permit, not listed above, upon review of particular applications.

The Town Council shall issue such permits for a period not to exceed one year. All permits shall specify the commencement date and shall expire on the succeeding first day of January.

Any permit holder may renew his/her permit by filing an application in compliance with § 400-107. Applications for renewal may incorporate by reference any documents filed with the original application. All operations up for renewal will be subject to site inspection, prior to renewal, to confirm that all plans and permit conditions are being followed by the operators. All applications for renewal shall be filed prior to the first day of December in each year.

No permit granted under the provisions of this article shall run with the land. Any conveyance of the premises containing the gravel bank or a portion thereof shall require an application for a new permit by the succeeding owner, if gravel bank operations are to be continued upon those premises or a portion thereof. Sale for other uses must be preceded by satisfactory completion of site reclamation.

Any permit granted under the provision of this article shall be limited to the boundaries of the original lot/lots for which the permit was granted. Expansion beyond the original property site requires a new application.