Prior recorded lots. A lot or parcel of land having a lot width or area of lesser amounts than required in Article II of this chapter may be considered as coming within the minimum requirements of Article II, provided such lot or parcel of land was shown on a recorded plat or on a recorded deed on the effective date of this chapter and did not at such time adjoin other land of the same owner.

Contiguous lot under single ownership.

Merger prohibited for certain lots. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 feet of the subject lot, as confirmed by the Zoning Enforcement Officer.

Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this zoning ordinance, and/ or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:

Projection of window sills, cornices, and other ornamental features may extend not more than one foot into a yard.

Landscape features such as trees, fences, poles, shrubs, and terraces may be placed in any setback area, subject to the provisions of § 400-120.

No accessory structure may be erected within the front setback lines except as provided in Subsection E of this section. An accessory structure to a permitted use may be placed no closer than the following distance to a side or rear lot line, subject to authorization granted by the Zoning Enforcement Officer:

Open, unenclosed porches or platforms may extend into the rear or side setbacks not more than 10 feet.

In Neighborhood Business, Highway Business or Industrial Zones, parking facilities, signs, and filling station pumps may be located in a front setback area.

A communications antenna array shall be allowed as of right on any structure existing on December 10, 1997 (the date of passage of this amendment), within zones specified in the Zoning Use Matrix,[1] provided that the height of such communications antenna array shall not exceed the height of such existing structure by more than 12 feet.

A communications antenna array located on any structure, including a tower, constructed after December 10, 1997 (the date of passage of this amendment), shall be permitted as a special use permit use within the zones specified in the Zoning Use Matrix,[2] provided that such new tower or structure shall not exceed 200 feet in height.

A communications tower shall be permitted as a special use or permitted use within the zones so specified in the Zoning Use Matrix,[3] provided that such new tower shall not exceed 200 feet in height.

This section shall not apply to any tower or antenna installation which is owned and operated by a federally licensed amateur radio station operator, which tower or antenna does not exceed 70 feet in height.

All antennas shall comply with applicable Federal Communications Commission and Federal Aviation Administration regulations. The Town shall not regulate the placement, construction, and modification of communications antenna arrays on the basis of the environmental effects of radiofrequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions.

A communications tower shall be set back from all property lines a minimum of one foot for each one foot of tower height.

All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance for the zoning district in which a communications tower is located, and shall comply with all other applicable zoning requirements and building codes.

Communications towers not exceeding 200 feet shall not require a height variance. If the tower exceeds 200 feet in height, then a height variance shall also be required.

Towers shall be designed to accommodate a minimum of four carriers based on viability of transmission.

All communications antenna arrays and all communications towers shall be subject to site plan approval as set forth in Article X herein and in Chapter 450, Land Development and Subdivision Regulations (the "Regulations"), and appropriate disguising, landscaping, and screening shall be provided, pursuant to the design standards set forth in this section.

A bond adequate to cover the cost of dismantling and removal of a tower no longer in use shall be required to be posted by the owner and lessor.

Towers must be structurally inspected by a registered engineer every 10 years, and a certificate of such inspection shall be filed with the Building Official.

The applicant shall supply a definition of the area of service and indicate the current coverage capacity.

The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity.

The applicant shall provide a map or maps, covering the entire Town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.

Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.

The applicant shall indicate how the site will be designed to accommodate future multiple users, and how many of such users.

Have all available co-location operations on existing towers been exhausted?

The height of any proposed tower and its proximity to residential structures.

The nature of the uses of the neighboring properties.

The surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and adjacent properties.

Those design characteristics that reduce or eliminate adverse impacts on the community, including type (guyed tower, lattice tower or monopole) or tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.

For the erection of a communications antenna array on an existing structure, the proposed facility shall preserve the preexisting character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

For the erection of a communications tower, the proposed facility shall preserve the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.

Towers shall have an ASTM specification A123 hot dip galvanized finish and, subject to any applicable Federal Aviation Administration standards, may be top-coated in a neutral color so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the reviewing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

The Town reserves the right to verify the suitability of all towers and arrays through use of an independent consultant to be paid for by the applicant.

Zero to 20 bedrooms: five acres.

Over 20 bedrooms: five acres plus 10,000 square feet of land for each additional bedroom over 20.

Not requiring subdivision of land. The applicant shall apply to the West Greenwich Zoning Board of Review for a special use permit. The Secretary of the Zoning Board of Review shall forward the applicant's plans to the West Greenwich Planning Board for review and opinion prior to the conclusion of the public hearing for the special use permit.

Requiring subdivision of land. A request for a special use permit requiring subdivision approval shall first be submitted to the West Greenwich Planning Board under the West Greenwich Subdivision Regulations.[1] Upon receipt of preliminary approval by the Planning Board for the subdivision, the applicant shall then apply to the Zoning Board of Review for a special use permit.

Permitted uses. Only multifamily dwellings and their accessory uses will be permitted. Accessory uses may include indoor and outdoor parking facilities and most ordinary residential uses, but shall not include office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage, industrial uses, home occupations, professional offices and neither storage nor overnight parking of commercial vehicles which have a capacity of over 1.5 tons.

Maximum lot coverage. The total ground area occupied by the buildings, together with all accessory buildings, shall not exceed 25% of the total area of the lot.

Dimensional regulations. No construction or parking shall be located within 75 feet of any property line. The seventy-five-foot front, rear and side yard setbacks shall supersede the front, side and rear yard setbacks of the controlling zoning district. In any multifamily dwelling, the minimum front, side and rear setbacks shall be increased by five feet for each full floor level in the structure over the first two floor levels.

Additional requirements.

RFR-2 Zone.

RFR-1 Zone.

Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25% of the housing is low- or moderate-income housing.

Notwithstanding the foregoing, in accordance with R.I.G.L. § 45-53-4(d)(10), the Town Council limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the Town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in this section, the Planning Board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the Planning Board's consideration of adjustments is set forth in R.I.G.L. § 45-53-4(d)(2)(iii)(E)(II).

Density bonus. The Town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights-of-way of record.

Parking. For comprehensive permit applications one off-street parking space per dwelling unit is required for units up to and including two bedrooms. Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three bedrooms for single-family dwelling units. Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by R.I.G.L. § 45-24.3-11.

Pre-application conference. A pre-application conference may be required by the administrative officer or requested by the applicant. The pre-application conference may be with the Planning Board, Technical Review Committee, or administrative officer as determined appropriate by the administrative officer.

Preliminary plan.

Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the Planning Board's discretion, it may vote to require the applicant to return for final plan review and approval.

Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer, All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the Technical Review Committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing process required for approval of preliminary plans.

Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in R.I.G.L. § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

Total permits per quarter equals the currently available seats within School District plus any increase of seats that the School District may provide for through new construction of school facilities over the next 10 years, commencing January 1, 2002 divided by 0.6 less the number of low- and moderate-income housing permits issued as set forth below divided by 40 quarters.

If any low- and moderate-income housing permits have been issued pursuant to § 400-166A below, then the number of dwelling units encompassed in such permits shall be subtracted from the overall number of permits available, such that the increased school population from such units is amortized over the remaining years of the Growth Management Program.

Following the method established in § 400-162, the calculation of the formula for all subsequent quarters shall be performed by the Town Planner and submitted to the Planning Board and posted in the offices of the Town Clerk and Building Official not less than 30 days prior to the commencement of the quarter for which the quota is to be applied. To assist the Town Planner in her/his calculation, the Town Planner shall request, in writing, that the Superintendant of Schools supply her/him with the number of available seats in the School District based on the current capacity less the actual enrollment as of October 1 of the current school calendar year, and the increase in seat capacity, projected from January 1, 2002 to December 31, 2011 based upon any adopted plan of the School District. In addition, the Superintendant of Schools shall indicate the actual number of pupils from West Greenwich and the percentage of West Greenwich pupils to the entire School District's student body.

The Town Planner shall monitor the School District's overall capacity by checking with the Superintendant of School every first day of February, March, August, and November to determine if there are any changes in available seats. If there are no changes, the Town Planner shall notify the Town Clerk and Building Official that the number of permits to be issued the next quarter will be the same as the previous quarter. If there are changes in seats, or if any low- and moderate-income housing permits have been issued, the Town Planner shall recalculate the quota and notify the Town Clerk and Building Official of the new number of permits to be issued the next quarter. Notwithstanding any changes, the quota shall not change in the middle of any given quarter.

In order to more fairly balance the goals of growth management with the goal of equitable distribution of available building permits, notwithstanding the foregoing, the Town Council may, in its discretion, adopt a lesser restriction than the quota derived from this calculation. Said lesser restriction shall be adopted by resolution of the Town Council after a public hearing for which notice, in accordance with that for a public hearing on a zoning amendment, has been given. (Amended 7-21-2004, retroactive to the beginning of the current quarter, having begun on July 1, 2004.)

The following types of dwellings shall not be subject to the provisions of this article with regard to the calculated quota. These dwellings have been determined to have no or minimal impact upon the Town's capacity or provide positive benefits to the Town which are consistent with the Comprehensive Plan.

The Building Official shall accept applications for construction of the dwellings listed below and shall act upon them without regard to the quotas, priority determination and procedures as set forth in this article. All such permits issued shall be considered to be issued in addition to the calculated quota provisions of this article. Complete applications for construction of dwelling units so authorized shall be granted permits within the time limit prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the quota.

First priority. The first priority shall be given to applications for construction of low- and moderate-income housing. "Low- and moderate-income housing" means any housing subsidized by the federal or state government under any program to assist the construction or rehabilitation of low- and moderate housing, as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit organization, or by any limited-equity housing cooperative or any private developer. Entities eligible are: 1) any public agency, nonprofit organization or limited-equity housing cooperative proposing to build or rehabilitate low- and moderate-income housing; or 2) any private developer proposing a low- and moderate-income rental housing which remain as low- and moderate-income housing for a period of not less than 30 years from initial occupancy. Projects eligible or sponsored by an eligible entity and: (1) are eligible and approved for a subsidy for the state or federal government under any program to assist the construction or rehabilitation of low- and moderate-income housing; and (2) have at least the minimum number of units reserved for low- and moderate-income housing as defined by the program providing the subsidy or 25% of the total number of units reserved for low- and moderate-income housing, whichever is greater. The number of such permits issued shall not be deducted from the current year's allotment of permits, but shall be amortized according to the schedule set forth in § 400-161 above.

Second priority.

Third priority. The third priority shall be reserved for ultra-low-density family compounds, when and if enacted.

Fourth priority. The fourth priority shall be given to applicants whose application for construction of a dwelling has been denied for four consecutive quarters because of the provisions of this article.

Remainder. The remainder of the quota shall be issued to any other applications in the order of complete applications received.

Applications for building permits for construction of one or more dwelling units shall be submitted to the Building Official, who shall adhere to the following procedure in reviewing and issuing permits:

The Building Official shall not issue permits for any dwelling units in excess of the quota unless such units are exempt, as provided in § 400-165. The Building Official shall keep track of all permits issued plus complete applications submitted during the most recent quarter, beginning with the effective date of this article. If, within any quarter, the number exceeds the quota, additional building permits shall no longer be issued. Applications for additional permits shall be accumulated for action at the beginning of the next quarter, and shall be prioritized and issued under the ensuing quarter.

At the beginning of the next quarter, the Building Official shall add the total number of complete applications on file to the total number of permits issued during the previous three quarters. In the event that the resulting sum (current quarter applications plus the previous three quarters' accumulation) is fewer than the annual quota as defined herein, accumulated permits shall be issued up to the quarterly quota limit and new applications may be processed to such limit. In the event that the resulting sum exceeds the annual quota, the accumulated permits shall not be issued and no further permits shall be issued for that quarter.

The accumulation of applications may continue from one quarter to the next and permits issued within the limitations described in Subsection C above. Under no circumstances shall the number of building permits, other than those for exempt dwellings, exceed the annual quota.

In the event that the number of building permits issued in any one year does not reach the annual quota, there shall be no carryover of permits to the following year.

In order to assure that permits for residential building construction are equitably distributed among all qualified applicants, no more than 10% (rounded off to the nearest whole number) of the available permits for dwelling units (based on the number of the previous year's quota and based on 20 permits for the first year) shall be granted to either any single applicant (including any related entity as defined below) or to any owner (including any related entity) of any single subdivision or land development project within any year if doing so would result in denial of a permit for any other applicant.

"Related entity" means, with respect to a specific person, group of people, or corporation ("party"):

A residential compound is a parcel of land containing lots for single-family residential units and having an average density of no greater than one dwelling unit per four acres of land.

Residential compounds are intended to preserve the rural character of the Town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to other subdivisions.

The purpose of the residential compound is to provide qualified subdividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Planning Board determines that such alternative improvement standards will promote development of the parcel in the best interests of the Town, considering the factors specified in § 400-180 below. Denial by the Planning Board of a request to submit an application for a residential compound, or denial of a residential compound, shall not be construed as denial of the right to subdivide the property. The applicant shall retain all rights to appeal a decision to the Zoning Board of Review and/or to submit a plan which complies with the improvement standards for a conventional subdivision as set forth in Chapter 450, Land Development and Subdivision Regulations, of the Town Code.

The subdivision must create at least one new lot, but shall not result in the creation of more than four new lots in addition to the existing lot and be located entirely in an RFR-2 Zoning District. (Note: An owner of an RFR-1 parcel may petition the Board for consideration of a residential compound.)

The permitted uses, minimum lot sizes, and dimensional regulations applicable to residential compounds shall be those provided in this chapter for the RFR-2 Zoning District.

A parcel proposed for development as a residential compound shall have a minimum of 30 feet of continuous access to one state-owned or Town-accepted street.

Not more than one residential compound shall be created from any one property existing on or after May 11, 2005, or within a conventional subdivision.

No more than five lots may derive access from or have frontage on a residential compound road.

The applicant proposing a residential compound off of an existing private right-of-way shall demonstrate to the Planning Board that the applicant has the legal ability to use the access for a subdivision/development.

All lots created as part of a residential compound shall have frontage on a private right-of-way with adequate physical access to a public street. All private rights-of-way within a residential compound or subdivision shall remain private in perpetuity. No private residential compound right-of-way may be extended or connect to another private right-of-way within another residential compound. At the time of final approval, Town legal counsel shall approve the form and content of a legal document, to be recorded simultaneously with the final plat, which includes a covenant by the owner of the parcel, binding on his successors and assigns, that the Town of West Greenwich shall not be asked or required to accept or maintain the private streets within the parcel, for a minimum of 99 years from the date of recording, or, if only a lesser period is legally enforceable, for that period with as many automatic renewals as are necessary to total 99 years. Such restrictions shall state that any and all future expenses for improvements to private streets (including drainage) to meet Town requirements shall be borne by the owners of the property within the residential compound.

No lot or parcel which has been developed as part of a residential compound shall be further subdivided or reduced in size, with the exception of an administrative subdivision. Administrative subdivisions shall be for the purpose of lot line adjustments only, and shall not be intended to contribute developable area for an abutting residential compound.

Land unsuitable for development, as that term is defined in Chapter 450, Land Development and Subdivision Regulations, § 450-8, may be included as part of any residential building lot; provided, however, that such land shall not be counted toward the minimum lot area required by this chapter for the RFR-2 Zoning District. Each lot within a residential compound must contain a minimum of 1.4 acres of contiguous suitable land.

The private right-of-way shall be contained within defined (metes and bounds) easements over the proposed lots, not as a separate lot, and shall not count towards the minimum suitable land requirement.

All land area within the residential compound in excess of that necessary to meet the minimum lot area requirements of this chapter shall be designated as extra area within one or more residential house lots.

In approving a residential compound, the Planning Board must determine that all of the general requirements contained in Chapter 450, Land Development and Subdivision Regulations, Article III, have been met and in addition that one or more of the following design objectives are met in the proposed development plan:

For the purpose of review and approval, residential compounds shall be considered minor subdivisions, and are subject to the same review and approval by the Planning Board under the provisions of Chapter 450, Land Development and Subdivision Regulations. Any proposed residential compound shall require a pre-application meeting with the Planning Board, and a public hearing in accordance with the public hearing and notice requirements section of the West Greenwich subdivision regulations. In addition to the submission requirements at the preliminary plan stage of review contained in the minor subdivision checklist, an application must contain the following information:

For additional requirements of the final plan, see § 400-185 below.

Streets and appropriate drainage facilities within a residential compound shall be designed and constructed in compliance with this section. The Planning Board shall have the authority to require additional improvements in order to protect the public health, safety and welfare, if warranted by the characteristics of the parcel, or if the street will be used by persons other than residents of the compound.

Private rights-of-way within a residential compound shall meet the following design standards:

For residential compounds proposed off of an existing private right-of-way, the Planning Board shall require that the applicant improve the existing road to meet or exceed the minimum standard for the residential compound (Subsections A and B above), and if the existing private road will service a total of more than five lots, the Planning Board shall require improvements to exceed the minimum standards contained in Subsections A and B above, including but not limited to paving and drainage improvements. The applicant shall secure the permission and agreement of all parties with legal access to the private right-of-way to perform such upgrades and to be included in a maintenance agreement.

Mailboxes shall be located at the entrance to the private right-of-way for access from the Town road. Street numbers shall be clearly marked in compliance with 911 laws.

In the event that erosion is causing sediment for the compound to be deposited on Town roads, the compound will be in violation of Chapter 305, Soil Erosion and Sediment Control, and Chapter 450, Land Development and Subdivision Regulations. Owners of the compound lots will be required to take remedial action.

Utilities such as electric, phone and cable are allowed to be above ground.

The final plat shall contain the following statement: "These premises are subject to restrictions, conditions, covenants and easements that are contained in instrument(s) recorded simultaneously with this Final Plat Book ______ and Page(s) ______ of the Land Evidence Records, and are incorporated herein by reference."

The developer shall submit with the final plat a statement, in writing, duly executed and acknowledged, and binding upon the developer and the developer's heirs, devisees, executors, administrators, successors and assigns, which statement shall be approved by the Planning Board and be thereafter recorded simultaneously with the recording of the approved final plat in the Town Clerk's office, and which shall contain the following:

To preserve the rural character of the Town by preserving the character-defining features, scenic views, environmentally sensitive features, and the natural and cultural resources within the site, and by minimizing the views of new development from existing streets.

To provide for the preservation and promotion of agricultural production, and forest and timber resource production.

To provide opportunities for both active and passive recreational facilities to service various neighborhoods in the Town.

To provide public access to and/or to provide for the conservation and stewardship of noteworthy natural, cultural and recreational resources within the Town in furtherance of the above three goals.

To provide a means for the Town to develop an interconnected network of greenway corridors, and to link together and add to already protected open space and public land.

To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of conventional subdivision regulations in order to minimize the disturbance of rural landscape elements, scenic quality and overall natural and cultural values of the landscape.

To reduce road and utility lengths and minimize the need for stormwater infrastructure in order to reduce disturbance to the environment and to reduce construction and maintenance costs.

To reduce erosion and sedimentation by retaining existing vegetation and minimizing the total area of disturbance on the site compared to a conventional residential development.

To promote a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their right to affordable, accessible, safe and sanitary housing.

To provide for orderly growth and development which recognizes the natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface water or groundwater pollution; and which recognizes the value of unique or valuable natural resources and features.

To implement many goals and policies as recommended in the Town of West Greenwich Comprehensive Plan.

Conservation design development is a type of residential development allowable only in the RFR-2 Zoning District, at the discretion of the Planning Board.

A parcel of land shall not be eligible for conservation design development if it is not otherwise eligible for a conventional subdivision.

The Planning Board shall have the sole authority to determine whether a major or minor subdivision or land development shall be developed as a conservation design development or as a conventional development. The Planning Board shall make findings of fact in writing supporting the requirements, based on the value of the site features and the benefits to the community in furtherance of the purposes of conservation design development. The Planning Board shall notify the applicant of such no later than the master plan review stage for a major application and no later than the preliminary review stage for a minor application.

The Planning Board shall have the authority to review and approve conservation design developments in accordance with the dimensional requirements set forth in this article.

The Planning Board shall have the authority to determine if a conservation design development should consist of a combination of cluster lots and homestead lots.

All lots created as part of a conservation design development, including homestead lots and open space, shall be subject to a restriction of no further subdivision.

The following uses are permitted on residential cluster lots within a conservation design development; all other uses are prohibited on residential cluster lots within a conservation design development:

The following uses are permitted on conservation land within a conservation design development; all other uses shall be prohibited within the conservation land:

The following uses are permitted on homestead lots within a conservation design development; all other uses are prohibited on a homestead lot within a conservation design development:

Conservation design development provides for two lot size options, for specific purposes. The Planning Board may require the two lot sizes to be combined within the development if it finds that such a combination would better fulfill the purposes of conservation design development as stated in this chapter than either of the two single-lot-size options.

Conservation design developments provide for two lot configuration options: frontage lots and interior building lots (also known as "flag lots"). Frontage lots contain full frontage dimensional requirements along the public street. Interior building lots have reduced frontage for the driveway access at the public street, and the building envelope portion of the lot is situated behind a frontage lot. Frontage for interior building lots shall be in accordance with the following table, and all other dimensional requirements shall be met. The front yard setback for an interior lot shall be measured parallel to the rear yard setbacks of all the abutting frontage lots.

Dimensional requirements.

Dimensional requirements for open space land. Buildings, structures, parking areas, or other impervious improvements which are accessory to and subordinate to a permitted open space use may be located on any open space lot that is not a homestead lot, provided that they occupy no more than 15% of the total open space area, with the exception of golf courses as otherwise restricted.

Further subdivision of all house lots and common open space created as part of a conservation design development, including homestead lots, shall be prohibited.

The required open space shall be restricted in perpetuity from future development, except in accordance with an approved open space management plan.

Changes in the use of the open space shall be in accordance with those uses allowable within the open space in a conservation design development, as governed by this chapter, and shall be approved by the Planning Board as an amendment to the plan.

No disturbance shall be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or man-made features altered in any way. Clearing and excavation of open space areas shall be permitted only for the installation of stormwater drainage facilities, or for permitted disturbance associated with implementing an approved open space management plan.

Open space land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under § 400-195 below.

A conservation restriction in the form of a conservation easement is required for all open space, whether privately, publicly, or commonly owned, and regardless of any other conservation easement, and shall incorporate the following requirements:

Conservation land within a conservation design development subdivision shall be doubly protected through fee simple ownership and a conservation restriction, at the discretion of the Planning Board. The Planning Board may require two or more conservation easement holders, which may include a homeowners' association, or any governmental body, or a charitable corporation, association, trust, or other entity whose purposes include conservation of land or water areas or of a particular area. Open space land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section.

Methods of ownership. Open space shall be owned in fee simple by any one or more of the following entities, as further described below: 1) homeowners' association; 2) Town of West Greenwich; 3) a land trust or other nonprofit conservation or recreation group; 4) individual owners of homestead lots, or other private individual who will use the land for open space purposes as provided by a conservation easement and conservation restriction; 5) condominium association.

A conservation easement shall also be held by the Town of West Greenwich, the West Greenwich Land Trust, or other nonprofit conservation group, as follows:

The requested use at the proposed location will not adversely affect the use of any property used for a school, public or private park, playground, play field, youth center, licensed day-care center, or any other location where groups of minors regularly congregate.

The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood.

The compassion center must not be located within:

The distances specified in the immediately preceding Subsection D shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential district or to the nearest property line of any of the other designated uses set forth therein.

Hours of operation for a compassion center shall be limited to 8:00 a.m. to 8:00 p.m.

Lighting shall be required that will illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.

The proposed compassion center shall implement the appropriate security measures to deter and prevent unauthorized entrance into areas containing medical marijuana and shall ensure that each location has an operational security/alarm system.

Development plan review shall be conducted by the Planning Board.

All compassion center uses shall fully comply with all other licensing requirements of the Town of West Greenwich and the laws of the State of Rhode Island.

Pursuant to § 21-28.11-17.1, Subsection (b)(3), of the Cannabis Act, the cannabis facility must not be located within 500 feet of a preexisting public or private school providing education in kindergarten or any of Grades 1 through 12. This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis facility is to be located to the nearest property line of the parcel on which the school is located.

The proposed facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security/alarm system.

Development plan review shall be conducted by the Planning Board.

All cannabis facilities shall fully comply with all other licensing requirements of the Town and the laws of the state.

Solar energy systems shall be manufactured and designed to comply with applicable industry standards, including the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations.

Solar energy systems connected directly to a distribution or a transmission system must submit an interconnect feasibility study at the preapplication stage; an impact study for preliminary plan submission; and an approved interconnection agreement with the interconnecting electric utility prior to final approval, where applicable.

No solar energy system shall be constructed, installed or modified without first obtaining all state and local approvals as well as all applicable permits and shall be subject to periodic inspections as deemed necessary by the building official and other Town officials.

Solar energy systems shall be constructed to minimize the use of herbicides.

Dimensional regulations for ground-mounted solar energy systems.

Panels for solar energy systems shall be recyclable unless the Planning Board approves the use of nonrecyclable panels due to extenuating circumstances.

Except for roof-mounted systems, solar energy systems shall not be permitted on any property that is encumbered by a conservation easement or on state-owned property.

A limited solar energy system that is located on more than one contiguous parcel of land shall be considered a single system and shall not exceed the land area/capacity threshold specified in § 400-204.

Major land development. Each limited solar energy system application must be reviewed by the Planning Board as a major land development project.

General requirements.

An accessory dwelling unit ("ADU") that meets the requirements set forth herein shall be a permitted use in all residential zoning districts. An ADU that meets these requirements shall be permitted through an administrative building permit process only.

One ADU per lot shall be allowed by right under the following circumstances:

The maximum unit size for an ADU shall be as follows:

Occupants of the ADU shall not be restricted based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability.

Application or permitting fees for the creation of an ADU shall not exceed those that would be charged for a new single-family dwelling.

Infrastructure improvements in connection with the ADU, including, but not limited to, separate water or sewer service lines or expanded septic system capacity, shall not be required unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU.

Dimensional requirements and other development standards for an ADU shall not exceed the requirements for an accessory structure in the same zoning district.

For conforming lots or legal nonconforming lots of record, neither additional lot area, lot frontage, nor lot width shall be required solely to accommodate an ADU.

For ADU applications proposed within an existing footprint of a primary or accessory structure that is legally nonconforming by dimension, zoning relief to address the existing dimensional nonconformity shall not be required.

One off-street parking space per bedroom of the ADU shall be required.

An ADU shall have no more than two bedrooms.

An ADU need not be deed-restricted as affordable housing unless the ADU is part of a comprehensive permit application or is proposed to fulfill the requirements of inclusionary zoning.

An ADU may be maintained upon transfer of title or occupancy, and the permitted status of the ADU shall not be revoked based on transfer of title or occupancy alone.

The procedure for review of a proposed ADU shall be as follows:

ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined by R.I.G.L. § 42-63.1-2.

The Fire Chief or Fire Marshal shall review the location of a proposed ADU in a detached structure to ensure the safety of the occupant(s) of the ADU.

A separate 911 building number shall be assigned to any detached ADU.

To promote affordable housing production in the town in accordance with the goals and policies of the West Greenwich Comprehensive Community Plan;

To encourage the development and availability of housing that qualifies as low- and moderate-income housing as mandated by the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004,[1] as amended;

To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;

To encourage and perpetuate the historic diversity of the community through the development of housing and housing for all populations within the town, including, but not limited to, housing for the resident workforce and housing for special needs populations;

To allow landowners and/or developers a reasonable return on their investment through the provisions of density bonuses to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.

The permitting authority, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the inclusionary zoning requirement by constructing inclusionary units on a site other than that on which the project is located. The following may be required by the permitting authority for such off-site construction.

Provisions of off-site inclusionary units shall be subject to the following conditions:

The home occupation shall be performed by the resident within the dwelling unit and shall be limited to 25% of the gross floor area of the dwelling unit or 300 square feet, whichever is less.

Visits by customers or deliveries of products, merchandise or materials to or from the premises shall not exceed that normally and reasonably occurring for a residence.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

No vibration, smoke, dust, odors, heat or glare or offensive noise shall be produced.

No traffic shall be generated by such home occupation.