It is for an accessory dwelling unit or when multiple-unit dwellings are allowed in the district in which the building is located; and

The yard dimensions and lot area meet the dimensional and area requirements of the zoning district; and

The appropriate permits are obtained, including but not limited to building, electrical, plumbing, sewage and water.

Location of structures within a lot shall be established as far as practicable from any one- and two-family homes on adjacent lots. Said locations, together with all parking areas and other impervious surfaces, shall be depicted on the site plan accompanying the special use permit application, and the plan for which a special use permit is granted shall be adhered to. Projects submitted for approval shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway openings, and driveway openings shall not exceed 20 feet in width.

Landscape buffers shall be maintained along the side and rear lots of 20 feet in HDR-6 Zoning Districts and 30 feet in HDR-15 Districts.

Townhouse structures of not more than four units per structure may be permitted on any lot conforming to the dimensional standards. (See § 260-19.). Multifamily buildings may be permitted only on lots with a minimum of two acres in HDR-6 and a minimum of four acres in HDR-15 Zoning Districts.

All multifamily units shall be limited to not more than two bedrooms.

Purpose: The purpose of this provision is to provide for coherent development and variety of housing types with respect to certain property in which the underlying zoning district is MDR-30, LDR-40, or RR-60 and located north of Route 1A.

Permitted uses: The permitted uses shall be limited to residential dwelling units and those accessory uses thereto permitted in the underlying zoning district. Rehabilitative facilities built in conjunction with assisted living/congregate housing complexes shall also be permitted. Twenty percent of said assisted living and congregate housing units may be devoted to skilled nursing beds.

Minimum contiguous lot area: 50 acres.

Minimum lot area exclusive of wetlands: 30 acres.

Minimum lot frontage and width: 50 feet.

Maximum height of structures:

Density regulations:

Buffer strip. A minimum strip, 100 feet in width, shall be maintained as a landscaped buffer along all side and rear lot lines in such developments and a strip 50 feet in width shall be maintained along the front lines as landscaped buffer strip.

Off-street parking. Minimum off-street parking shall be provided and maintained as follows:

Lot coverage. The total ground area for all impervious surfaces shall not exceed the percentage of lot coverage in the zoning district.

Structures, parking and other improvements shall be located as far as practicable from the property boundaries.

All areas not proposed and permitted for structures and parking shall be designated recreation and open space, and the developer must convey to the Town a conservation restriction in the form of a development easement, in perpetuity. The Town shall be deemed to hold such development easement for the benefit of the Town as well as for the benefit of property owners within and abutting the Planned District, their successors and/or assigns, and may not release or modify said development easement in whole or in part without the unanimous consent of the property owners and the approval of the Town Council. The fee title to all or a portion of the areas not proposed and permitted for structures and parking may be conveyed to a nonprofit land conservation organization subject to said development easement. [See RIGL 45-24-47(D)]. An open space management plan shall accompany the application for review by and inclusion in the Zoning Board approval.

Incorporates residential, commercial, business, professional services and public uses in a compact, walkable environment;

Resembles a traditional New England village in its physical design, scale, mix of uses, and visual character;

Supports environmental sustainability by providing for pedestrian access and circulation, shared parking, on-site stormwater treatment and groundwater recharge;

Creates a cluster of retail and service businesses to serve the needs of Westerly's residents;

Encourages infill in existing commercial areas and adaptive reuse of existing nonresidential buildings; and

Includes dwelling units that provide long-term housing that is affordable for low- or moderate-income households. The increased building density in mixed-use developments serves as a municipal subsidy to facilitate construction of affordable dwelling units pursuant to § 260-50.

Mixed-use developments shall be reviewed as major land development projects according to procedures in § A261-28 of the Land Development and Subdivision Regulations and shall also be subject to the requirements of § 260-45, Development plan review. Provisions of § 260-64 shall not apply to developments that are exclusively for commercial or business and professional services, in which no housing units are proposed.

Mixed-use developments may be comprised of more than one lot and be located in one or more buildings or structures.

Mixed-use developments shall contain a combination of residential and nonresidential uses. To ensure that commercial, business, professional or public uses remain paramount and not be placed in a secondary role to residential uses, the following table establishes a maximum percentage of gross floor area for residential uses in relation to the nonresidential uses listed in Subsection C above, unless otherwise provided for in § 260-87.4.

The street-level floor of any mixed-use building shall consist entirely of commercial, business, professional or public uses, unless otherwise provided for in § 260-87.4. Except for entries, stairs, and elevators comprising no more than 10% of the gross floor area that provide access to upper-floor housing units, the street-level floor shall not be used for residential purposes. Nonresidential uses are permitted on upper stories of a structure. Residential uses shall not be permitted in the basement; provided, however, that storage for residences located within a building shall be allowed in basements as an accessory use.

The Zoning Board of Review may grant a special use permit, pursuant to § 260-34, for relief from the requirements for maximum residential gross floor area set forth in Subsection D(1) above, provided that the Zoning Board of Review shall be satisfied, by legally competent evidence entered into the record, that in addition to the standards set forth in § 260-34D, the following standards are met:

Definitions of specific terms relating to affordable housing are contained in § 260-50.1. Requirements for affordable housing in mixed-use developments are specified below and shall be in place of the inclusionary zoning requirement in § 260-50.2. Provisions of § 260-50.3 shall not apply to the HC, GC, DC-1, DC-2, NB, P-15, SC-G and SC-WH Zoning Districts.

Except as provided herein, a minimum of 20% of all dwelling units within a mixed-use development shall be low- and moderate-income housing. Such affordable housing shall not be required in a mixed-use development that provides four or fewer dwelling units. Successive development applications for the same property or properties that cumulatively result in five or more dwelling units shall provide low- and moderate-income housing. This requirement applies to rental units as well as units offered for sale.

In developments where the housing units will be offered for sale, low- and moderate-income units shall be affordable for a family with an adjusted gross income that is less than 100% of area median income. In developments where the housing units will be rentals, the rent for all low- and moderate-income units shall be affordable for a family with an adjusted gross income that is 80% or less of area median income.

The Planning Board may approve mixed-use developments without the requirement that low- and moderate-income housing units be located on site, provided that there is full compliance with requirements of § 260-50.2D, Alternatives to construction of inclusionary units. No on-site housing density bonus shall be allowed when an applicant utilizes provisions of § 260-50.2D.

Low- and moderate-income housing units shall be integrated throughout the development to the degree feasible, rather than segregated in a particular area or areas. The exterior appearance shall be compatible to the architectural style of market-rate units, except that the low- and moderate-income units may not be less than 960 square feet. The average number of bedrooms in low- and moderate-income units shall be at least equal to the average number of bedrooms in market-rate units. The low- and moderate-income units shall, on average, be no less accessible to public amenities, such as open space or recreational features, than market-rate units.

Low- and moderate-income housing units shall be built and occupied prior to, or simultaneously with, the construction and occupancy of market-rate units.

Low- and moderate-income housing units shall comply with requirements of § 260-50.2E regarding long-term assurance of affordability and fair marketing.

In all zoning districts where mixed-use developments are permitted, the allowed impervious surface and minimum yard dimensions shall be those applicable to the DC-1 District, except for lot boundaries that abut residentially zoned property, where the minimum side and rear yard dimensions shall be those set forth in the Schedule of Dimensional Regulations for the zone in which the development is located.

Maximum building height for mixed-use developments shall be 50 feet in the DC-1 Zone; 40 feet in the DC-2, HC and GC Zones; and 35 feet in the NB, P-15 and SC-G Zones. Maximum building height in the SC-WH Zone shall be 25 feet, unless otherwise provided for in § 260-87.4.

Floor-to-ceiling heights. All commercial floor space provided on the street level floor shall have a minimum floor-to-ceiling height of 10 feet.

The gross floor area of any single commercial establishment in a mixed-use development shall not exceed 25,000 square feet.

Purpose. Mixed-use developments provide opportunities for new businesses and services that will expand the Town's tax base and maintain its small-town atmosphere. Therefore, the siting (the location of a building in relation to other buildings), massing (the way a building is configured and how its parts relate to each other), proportion (the relationship of length, width and height) and design (the building materials, color, and construction details) are crucial. These guidelines should not be regarded as inflexible requirements; rather, each could generate numerous imaginative and innovative design solutions. Design standards for mixed-use developments located in the SC-WH Zone shall be governed by § 260-87.6.

Scale, proportion and design. Mixed-use developments shall be generally consistent with the height, bulk, scale and architectural style common to the Town's historic commercial areas. Buildings shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. Developments shall include groupings of buildings, rather than a single boxlike structure set back on a large expanse of paved parking. The Planning Board may modify or prohibit designs that it finds to be inconsistent with this provision.

Building facades. The proportion and height-to-width relationship of entryways, windows, trim, molding, railings, rooflines, exterior lighting, signs and other decorative elements shall be compatible with the building's architectural style. Street-level design elements such as entryways, porches, pedestrian furniture, plantings and other site elements shall be directed toward the use and enjoyment of pedestrians. Building wall offsets, including projections, recesses, changes in materials, colors or textures, shall be used to avoid long, monotonous, uninterrupted walls. The architectural treatment of the front facade shall be continued, in its major features, around all visible sides of a building, and blank walls shall be articulated by the provision of false window openings trimmed with frames, sills and lintels.

Entrances. Buildings shall have a primary entrance door facing a public sidewalk; entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, and access to pedestrian-oriented plazas or courtyards surrounded by a cluster of shops or businesses. The difference between entrances for street-level commercial uses and entrances for upper-level residential uses shall be reflected by distinct but compatible differences in facade treatment.

Roof types. Roof pitches of 8:12 to 12:12 are preferred. Buildings with flat roofs shall be two or more stories in height and shall have parapets or cornices that continue around all sides of the structure. Architectural elements such as dormers, belvederes, masonry chimneys, cupolas and other similar elements are encouraged. Offsets shall be provided to relieve the visual effect of a single, long roof. Rooftop heating, ventilation and air conditioning systems shall be enclosed within architectural features consistent with the building design so as not to be visible from the street level.

Materials. Traditional building materials such as clapboard, shingles, or brick shall be used as the primary siding materials. High-quality manufactured materials that have the same visual characteristics may be used only with the express approval of the Planning Board. Colors should be compatible to those of existing historic buildings and appropriate to the architectural style.

A minimum of 10% of the total land area in a mixed-use development shall be devoted to public space, defined as parks, a green or common, plazas, bicycle paths, gardens, or landscaped and wooded areas. Sidewalks shall not be counted toward the calculation of public space. Public space shall act as a unifying element in the overall site design.

Public space shall be owned and maintained by the property owner, an association of unit owners, or such other means or entity as may be approved by the Planning Board. Maintenance of public space shall be guided by a management plan specifying its intended uses, submitted as part of a development plan application and approved by the Planning Board. Regardless of to whom it is conveyed, public space shall be protected in perpetuity against further development and unauthorized alteration by appropriate deed restrictions to be recorded in the Land Evidence Records, including the grant of a conservation restriction to the Town.

The Planning Board may require vegetative buffer areas to provide visual screening between the development and adjacent land uses.

The size, location and design of all signs shall reflect the architectural characteristics of the building; generic-style signs or transplants from other locales are neither desirable nor appropriate. Completely rendered and dimensioned sign graphics must be submitted as part of a development plan application for review by the Planning Board.

Off-street parking requirements for specific uses shall be those applicable in § 260-77. The Planning Board may permit shared parking for different land uses that have different hourly peak parking accumulation patterns, with the total number of parking spaces less than the summation of spaces required when the same land uses exist as stand alone developments, provided that no parking deficiencies occur over the course of a twenty-four-hour period on weekdays, Saturdays or Sundays. A parking analysis shall be prepared by a professional traffic engineer demonstrating the relationship between land use and parking capacity.

Off-street parking lots are permitted, provided that no more than 15% of the spaces shall be placed closer to a front property line or a corner side yard property line than the building itself. The remainder of required off-street parking spaces shall be located behind or to the side of buildings. Off-street parking may also be located within or beneath a structure.

All parking lots shall contain vegetated and landscaped islands and planted medians to highlight driveway entrances and provide efficient channelization of both pedestrian and vehicular traffic routes throughout. Each separate landscaped island shall occur after 10 consecutive parking spaces, shall have a minimum width of nine feet and minimum length of 18 feet, shall be planted with grass or small shrubs, and shall include at least one deciduous shade tree of not less than two-inch caliper. Additionally, one shade tree shall be planted for every 40 feet of parking lot perimeter. The shade trees do not have to be planted on center and may be clustered for aesthetic purposes. All trees shall be placed or protected so as to avoid damage by vehicles and plowed snow.

Subject to written approval of the Town Engineer, parallel parking may be provided on public streets immediately adjoining the development and shall be counted toward parking spaces required in § 260-77.

Parking requirements may be met by off-site parking located within 500 feet of a mixed-use development, provided that such off-site parking is not located in a residential zoning district and is approved by the Planning Board and a lien against both properties (the mixed-use development and the off-site parking lot) is recorded in the Land Evidence Records prior to final plan recording.

Streets, parking areas and pedestrian areas in the development shall be provided with adequate lighting while minimizing adverse impacts of glare on adjacent properties and overhead sky glow. All lighting fixtures and lampposts shall be decorative and complement the architectural style of buildings in the development and conform with "full cutoff" standards as promulgated by the International Dark-Sky Association. The Planning Board may require submission of a lighting plan prepared by a licensed engineer.

Lampposts along streets, parking areas, sidewalks, walkways and courtyards shall be spaced at intervals of no greater than 50 feet on center unless otherwise authorized by the Planning Board. Lamppost heights shall not exceed 12 feet, except that post heights may be extended to a maximum of 16 feet in parking lots containing 20 or more parking spaces.

Are incidental to the use of the premises as a residence;

Are compatible with residential uses;

Are limited in extent; and

Do not detract from the residential character of the neighborhood.

Retail sales are not permitted on the premises. Merchandise shall not be displayed within or outside of the residence. Orders made by telephone or at a sales party may be filled on premises. Direct sales are not allowed. The operation of any wholesale or retail business is prohibited.

In no case shall the home occupation be open to the public at times earlier than 9:00 a.m. or later than 7:00 p.m.

Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence without the occupation.

No more than one home occupation shall be permitted within any single dwelling unit.

The occupation shall be carried on wholly within the principal building by the occupant of such dwelling and does not require storage of any materials or products on the premises outside of the dwelling. Home occupations may be permitted in accessory buildings with a site plan approved by the Zoning Official.

There shall be no alteration of the residential appearance of the premises on which the home occupation occurs, including the utilization of an existing entrance exclusively for the business. The occupation shall use no more than 25% of the total floor area of the dwelling.

No more than one person not a legal resident member of the family shall be employed in the home occupation.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the premises. No processes are permissible which are hazardous to the public's health, safety and welfare.

There shall be no signs on the property except for one nonilluminated nameplate mounted flat against the dwelling, not to exceed two square feet, indicating the address, occupant's name, and occupation.

No traffic shall be generated by such home occupation unreasonably greater in volume than would normally be expected in a residential neighborhood and any parking required for the conducting of such home occupation shall be provided off the street and not in a required front yard.

Home occupations shall comply with all local, state, or federal regulations pertinent to the activity.

Not more than one commercially registered motor vehicle of a size not exceeding a gross vehicle weight rating of one ton may be stored on the premises in conjunction with the office of a contractor, providing the outside storage of equipment or materials in conjunction therewith is prohibited.

Automobile, boat and equipment repair in any form or manner.

Beauty salons and barbershops.

Ceramics.

Health salons, dance studio, and aerobic exercise studios.

Helium balloons.

Limousine or cab service.

Mortician, hearse service.

Painting of vehicles or boats.

Tow truck services.

Veterinary uses (including care, grooming, or boarding).

Warehousing and distribution service.

No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.

A single-story accessory structure, less than 16 feet in height, and no more than 144 square feet in floor area, may be placed within six feet of a side or rear property line regardless of zoning district, provided that it is not placed within a front yard or corner side yard.

No such facility which is accessory to the residential use shall be located in a front or corner side yard and shall otherwise comply with the side and rear setback requirements for accessory structures as set forth in § 260-19.

No part of any such facility shall have lighting, unless such lighting is approved by special use permit and can be shown not to be a nuisance to abutting residential property; and

The area in which the facility is located shall be screened from the view of abutting properties by means of opaque fences, walls, hedges between six and eight feet in height.

Residential dwelling units:

Hotels/motels and inns: one car space per room plus one for every three employees on the largest shift, plus one car space per four seats capacity for each accessory use open to the public.

Restaurants, theaters and other places of public assembly.

Hospitals, nursing homes and congregate housing.

Office use: one car space for every 250 square feet of floor space, excluding stairways, service areas, storage and equipment areas; not applicable to office space ancillary to a commercial use.

Retail and service business: 4.5 car spaces for every 1,000 square feet of gross floor area up to 10,000 square feet; 4.75 car spaces for every 1,000 square feet of gross floor area greater than 10,000 square feet.

Outdoor recreation use.

Industrial and wholesale uses:

All other nonresidential uses: one car space for every 300 square feet of gross floor area.

In the DC-1, DC-2 and NB Zoning Districts the following standards shall apply:

Ministorage: 0.15 car space per 1,000 square feet of gross floor area plus one per employee on largest shift.

The area shall be paved and provided with bumper guards where needed, except in areas designated as critical resource areas by the Coastal Resources Management Council or otherwise required for stormwater infiltration. The Planning Board, as part of its review and approval, may require all or part of the parking area surface to be pervious, or a combination of previous and impervious.

The surface parking lot shall have a five-foot-wide perimeter buffer that shall be landscaped with ground cover, shrubs and trees that are salt-tolerant and of seasonal interest. The buffer should be undulating and have a variety of materials to provide interest and separation from the site's parking surface. Where such area adjoins a residential district, a solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between the buffer and the adjoining residential district.

Parking lot surfaces, curbing and landscaping shall be maintained, including but not limited to regular sweeping, plowing, repaving and striping, replacement of curbing, irrigation, pruning, and leaf collection.

The minimum lot area shall be three acres for private kennels and 10 acres for commercial kennels.

No structure used for any kind of kennel shall be closer than 150 feet to any lot line.

Each commercial kennel shall provide one run per animal; no commercial kennel shall have more than 20 runs.

Each private kennel shall provide one run per two animals and shall have no more than two runs.

When the use is permitted by right, the Zoning Enforcement Officer may grant approval administratively, provided that all of the requirements set forth in this section are met.

When the use requires a special use permit, the Zoning Enforcement Officer shall refer the application to the Zoning Board of Review for review and approval pursuant to the standards set forth in this section, which may not be varied or waived, and in accordance with the procedures set forth in § 260-34.

Pet day-care facility, without outside runs:

Pet day-care facility, with outside runs:

Standards applicable to all pet day-care facilities.

Application requirements. All applications for a pet day-care facility shall include the following:

All licenses granted pursuant to the provisions of this chapter are subject to the prior approval of proper authorities as specified in § 158-3.

Tanks of 30,000 gallons shall be set back at least 25 feet.

Tanks of 6,000 gallons shall be set back at least 20 feet.

Tanks of 3,000 gallons shall be set back at least 10 feet.

Stacking lanes shall be separated from other circulation lanes and shall be identified by pavement rumble strips, curbs or landscaping.

No exit from or entrance to such lanes shall be within 100 feet of a street intersection.

Each stacking lane shall provide a queue length of five to 25 spaces, depending on the intensity of use, each space having a dimension of 10 feet by 18 feet. The applicant shall provide documentation to support the number of spaces proposed for the queue length based on the proposed use.

The distance from the pick-up window to the egress onto the street shall be a minimum of 90 feet to a maximum of 180 feet.

A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line in an industrial zone, from the nearest residential or farming use or a residential or farming zone.

A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and wherever the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from property lines.

A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from property lines.

Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, the following:

The Town Engineer shall determine that a development site for a hazardous waste management facility is at least 1,000 feet from any pond, any major stream or river, any minor stream or river or any recharge area of a groundwater aquifer. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses, wetlands areas and aquifers.

Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (RIGL 23-19.1-1 et seq.) in seeking a permit for such facility, within 10 days of filing under the Act.

In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact agreement for review by the local assessment committee. This filing shall be made within 10 days of receiving the permit.

The following regulations for an industrial hazardous waste management facility shall apply:

Appointment.

Powers and duties. The powers and duties of the Local Assessment Committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws of Rhode Island and all amendments thereto.

Ratification. No siting or impact agreement negotiated by the Local Assessment Committee shall be binding upon or enforceable against the Town until such agreement is ratified by the Town Council.

To provide for the placement and construction of telecommunication facilities including the following types of towers included but not limited to broadcasting towers, two-way radio towers, fixed point microwave dishes, commercial satellites, receiving dishes, cellular and PCS towers.

To manage the total number of towers, and/or antennas throughout the Town.

To encourage installation of towers and/or antennas in areas where adverse impacts upon the Town are minimized.

To encourage towers and/or antenna configuration which minimizes adverse visual impact on the Town.

To encourage collocation of tower and facilities.

To support the objective of communication providers and delivering telecommunication service to the community quickly, effectively, and efficiently.

Communication tower installations shall be permitted in the following locations, but subject to development plan review and approval by the Planning Board:

Communication antennas shall be permitted as accessory to existing structures subject to development plan review and approval by the Planning Board. Communication antennas, other than public safety antennas, shall not be permitted on or as accessory to Town water towers.

Communication installations will be permitted by special use permit of the Zoning Board of Review in the following locations (preceded by development plan review and approval by the Planning Board):

The Zoning Board of Review will give a preference for the use of existing structures and towers, instead of the construction of new telecommunication tower facilities. All reasonable efforts shall be made for collocation on existing structures and towers. The Zoning Board of Review shall, as a condition of approval for the construction and continued use of a new telecommunication tower, require that the applicant, its successors and/or assign not unreasonably delay or refuse to allow the collocation of equipment, antennas or ancillary equipment or structures on the telecommunication tower or on the site by future applicants for similar special use permit.

The Zoning Board of Review shall give a preference to Town-owned sites which meet the requirements of the applicant.

All applicants for communication installation shall provide the following information to the Planning Board and/or Zoning Board:

In all cases where a special use permit is required, for a continuous period of two consecutive days (to be selected by the Town Planner), a helium balloon of sufficient size and color or other similar visible structure shall be placed at the location of the proposed telecommunication tower and flown or placed at the maximum proposed tower height.

A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.

Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennae and communication towers shall be identified.

A communication tower shall be set back from all property lines so that its fall zone is outside abutting property as determined by the Planning and/or Zoning Board. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.

Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. The Planning and/or Zoning Board shall insure that towers shall be screened from all adjacent properties and streets, and appropriately camouflaged if required. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

Communication tower equipment, buildings and base structures shall be enclosed by a fence no less than eight feet in height and not more than 10 feet in height from finished grade. Access shall be through a locked gate. Said fence shall be of such material as approved by the Planning and/or Zoning Boards.

Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.

No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town.

Communication antennas attached to a structure shall conform to the following:

The Planning and/or Zoning Board shall regulate height of all towers based upon topography, features of the surrounding environment and visibility provided that in no event may the height of any tower exceed 250 feet.[1]

The intent and purpose of this section shall be to regulate, restrict and place limitations on the overall number, size, location, alteration, type and illumination of all signs; to provide for the use of signs as a means of communication in a manner that is consistent with the aesthetic New England historic and coastal qualities of the Town and with pedestrian and traffic safety and to achieve the following general purposes:

This section shall apply to all signs which may be erected, placed, displayed, established, created, used, altered, replaced or maintained in the Town. Signs which are not expressly permitted by these regulations are prohibited. The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in § 260-33 unless otherwise noted.

Due to the complexities of site engineering and vehicle/pedestrian circulation associated with multi-occupant developments, such as shopping centers, educational and medical institutions, office parks, recreational facilities and mixed-use facilities, the owners of such development shall submit to the Planning Board an integrated signage package for any minor or major land development project approval pursuant to Chapter A261.

Sign construction. Every sign shall be constructed in a permanent manner and shall be assembled and permanently affixed in such a fashion that it shall not be ordinarily affected by weather. No sign shall be painted directly onto any building, fence, utility pole, rock, tree or other similar object.

Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media except for a sign stating "open" which does not exceed a size of two square feet, time and temperature, and fuel prices. Said "open" signs, signs indicating time and temperature and/or fuel prices shall be prohibited in the NB Zoning District. No sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign. In addition, the following rules shall apply to all illuminated signs intended to be viewed from the exterior.

Sign location. Unless permitted under Subsection K, Existing nonconforming signs, signs shall be located only on the property of the business, organization or activity they are intended to identify and, unless otherwise permitted, shall not project over any property line. In addition, the following rules shall apply:

Computation of sign area.

Wall sign standards.

Freestanding sign standards.

Projecting signs standards.

Maintenance of signs. All signs, including all supports, braces, guys and anchors, shall be kept in good repair and shall be kept clean, neatly painted and free from all hazards so as not to endanger the public health or safety. Such areas shall be maintained in a clean, sanitary and healthful condition.

Changeable copy signs. Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign. A permit shall not be required to change the message of the manual changeable copy sign.

Prohibited signs. The following signs are prohibited in all zoning districts, unless otherwise permitted by this section:

Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located in any area where landscaping is required pursuant to a zoning approval or within the right-of-way of any public street or highway, unless the work is with the written authorization of the Public Works Director. A copy of such written authorization shall be submitted to the Zoning Official.

Enforcement. Violations of § 260-86 shall be subject to enforcement action pursuant to § 260-26.

Signs not exceeding six square feet in area that are not of a commercial nature, such as:

Government/regulatory signs erected by or pursuant to the authorization of a governmental or quasi-governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.

Integral decorative or architectural features of buildings or works of art, so long as such features do not contain letters, trademarks, moving parts, or lights.

Signs directing and guiding traffic that bear no advertising matter.

Signs proclaiming religious or political activities that do not exceed one per lot and 12 square feet in area and that are not internally illuminated. Signs erected in connection with elections or political campaigns shall be erected no more than 60 days prior to the election and shall be removed within seven days following the election or end of the campaign.

Real estate signs, giving notice that the property on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. Such signs shall not exceed six square feet. No more than one such sign shall be located on any lot and shall be removed immediately after sale, lease, or rental.

Community event signs. Such signs are not intended to be permanent and shall be limited to display 10 days prior to the special event and are to be removed immediately thereafter. Community event signs shall not obstruct sight-line vision of motor vehicles or constitute a hazard to pedestrians.

Temporary signs (such as for yard sales) not covered in the foregoing categories, so long as such signs meet the following restrictions:

Temporary window signs in or on the window of a building, which are visible from any public or private street or highway, provided that such sign shall not occupy more than 25% of the area of said window and shall not be in place more than 30 days.

The flag of a foreign nation, the United States, State of Rhode Island and Providence Plantations, Town of Westerly, associated with the United States military, National Guard, police and fire departments.

Construction signs. One construction or renovation sign, not to exceed six square feet in residential zoning districts or 12 square feet in all other zoning districts, when associated with a valid building permit, which shall be removed within 30 days of work completion.

Land development identification signs. One real estate development identification sign at each entrance, not to exceed 32 square feet, to identify an approved land development, which shall be removed within 30 days of sales completion.

Identification sign. A sign identifying an area of open space for recreation, the name of a farm or agricultural activity, a subdivision or neighborhood not to exceed six square feet or be higher than six feet;

Home occupation sign. Signs identifying a home occupation permitted pursuant to § 260-65 not to exceed 1.5 square feet;

Public recreation signs. A sign identifying public access is allowed in an area of open space for recreation, not to exceed 1.5 square feet in area.

A single-occupant parcel shall be allowed one of each of the following types of signs:

Signs within a multi-occupant parcel shall be in accordance with the following:

Exposed neon tube signs may be displayed in interior windows, provided that the neon tube shall not exceed 0.5 inch in diameter.

Window signs. Window signs, as defined in this section, for nonresidential uses shall be permitted subject to the following regulations:

Wall signs: one wall sign which shall not exceed one square foot for each linear foot of the face of the building (or if the building contains two or more occupants, the portion thereof allocated to the occupant) to which the sign will be attached.

Freestanding signs: one freestanding sign per lot, provided that: it shall not exceed 36 square feet, it shall not exceed six feet in height, measured from the ground to the top of the sign, and it may abut the property line, but it shall not be located on or projected over a sidewalk. A freestanding sign shall not be permitted for an individual business located in a multi-occupant building or parcel; however, one multi-occupant freestanding sign may be permitted for the building or parcel to provide joint identification of the occupant business enterprises and the name of the building or center.

One projecting sign, per structure and/or unit, provided that:

Portable signs, provided that:

A marquee sign, provided that:

Canopy signs, provided that:

Banners, flags and temporary signs are prohibited unless permitted in accordance with Subsection E.

Unless otherwise permitted by this section, all signs must be for a business(es) on the same lot and for the unit that the sign is located on. Additional signs are not permitted on the basis that there is greater than one business on the lot.

The provisions of this subsection shall govern any conflict between the provisions of this subsection and any other subsection of § 260-86.

Perpendicular or protruding signs are prohibited. Signs shall be parallel to and attached to a wall.

Freestanding signs and off-site signs are prohibited.

Signs or other advertising located on billboards or outdoor advertising structures are prohibited.

Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.

Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.

Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this section may continue, although such sign does not conform to the provisions of this section. Notwithstanding, in accordance with § 260-86C and D, a nonconforming sign will not be grandfathered into use should it need to be replaced, relocated or altered or should it not be properly maintained to the standards set by these regulations.

Maintenance. A nonconforming sign may be maintained in compliance with § 260-86D(8), General standards, without requiring a permit.

Repair or reface. A nonconforming sign may be repaired (including refacing), provided that a sign permit explicit to the specific scope of the repair is obtained and the sign shall not be structurally altered in any way unless it conforms with this article. If the cumulative cost during any twelve-month period to repair or reface the nonconforming sign exceeds 50% of the fair market value of the sign before the start of the repair or refacing, then the repair or refacing shall be considered a replacement of the nonconforming sign.

Replacement, relocation, or alteration. Any sign replacing or relocating a nonconforming sign shall conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed. A nonconforming sign shall not be altered as defined herein. If a nonconforming sign is altered, the sign shall be made to conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed.

The site is located within the Watch Hill National Register Historic District. The existing hotel structure thereon is a significant historic structure within said district.

The oldest and most historically significant portion of the existing Ocean House building consists of that portion of the building viewed from Bluff Avenue. These include:

The criteria hereinafter set forth are intended to regulate any renovation, restoration and/or replacement of that structure by identifying those elements which are required to be preserved or accurately replicated.

The commercial use component for a mixed residential and commercial use is satisfied by one commercial/professional unit on the property proposed for development irrespective of the number of structures thereon.

Provided the above commercial component requirement is met, residential uses shall be permitted on the first floor.

Detached garages or covered parking are permitted for all the residential units in such a mixed residential and commercial use.

Special use permit applications for wind energy systems shall include a site plan of the subject property drawn to a uniform scale, including location of the tower, all accessory structures and appurtenant equipment, and the location of any other structures on the site.

The applicant shall provide a report containing a description of the tower with technical support establishing its structural integrity and need for accessory structures.

There shall be a restriction of one turbine and tower per deeded property with a minimum of seven acres. Municipal/commercial properties may exceed one turbine and tower per property on a case-by-case basis.

Advertising signage, communication devices, cellular dishes or the like may not be attached to a tower. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.

The owner of the property where a wind energy system is located shall be required to obtain a demolition permit to remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than 90 days.

Tower height shall not exceed 85 feet, and in all cases a fall zone of 360°, with a radius equal to the tower height, shall be provided entirely within the lot upon which the tower is located, within which no residential structures shall be located. Towers exceeding 85 feet in height shall be permitted exclusively for municipal use.

No part of a wind energy system structure, including guy wire anchors, may extend closer than minimum zoning setback requirements of primary structures.

Wind energy systems shall not exceed noise levels as permitted by the Noise Control Ordinance of the Town of Westerly.

Designs for all wind energy systems must be certified by the Federal Department of Energy or other small wind energy certification program recognized by the State of Rhode Island.

Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and all appurtenant structures, demonstrating compliance with the International Building Code and National Electrical Code, as amended. The tower and turbine shall be engineered to withstand appropriate wind loads in conformance with the International Building Code. An engineering analysis shall be submitted demonstrating code compliance as certified by a licensed professional engineer or manufacturer.

Wind energy systems must comply with applicable FAA regulations as specified in 14 CFR Part 77, entitled "Objects Affecting Navigable Airspace."

The entire area of the Shore Commercial - Watch Hill Zoning District is within the Watch Hill Historic District, which is listed in the National Register of Historic Places. Essential to the preservation of this district is that those existing structures that define the historic character of the district be preserved and that any new construction be compatible with the existing architecture within this neighborhood. This section provides specific development plan review criteria for the Planning Board to ensure that the unique physical character of the Shore Commercial - Watch Hill District (District) is retained, while allowing for beneficial enhancements and redevelopment to occur. In general, the existing scale and proportions of buildings and the overall architectural character of the streetscape shall be preserved along Bay Street.

Periodic maintenance and repair of buildings with replacement of in-kind building materials does not require development plan review. All modifications to the exterior of buildings, except such replacement, in-kind of building materials, requires development plan review. Nothing herein shall be deemed to reduce the authority of the Planning Board to waive development plan review and waive and/or modify requirements pursuant to R.I.G.L. 45-23-62.

The uniformity of the building heights, gable orientations, roof pitch, massing and bulk visible from Bay Street shall be used to guide construction of new buildings and additions to existing structures. New buildings shall be designed with traditional roof forms that are compatible with the character of the District.

Architectural elements such as dormers and roof gables shall be in proportion to the overall building and shall also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements shall be avoided. Limitation of a second-story footprint to less than the first-floor footprint of any existing building is not intended by this subsection.

The uniform rhythm or sequencing and design of architectural features, including, but not limited to, windows, bays, entryways and doors, storefronts, arcade columns and gables along Bay Street shall be replicated in any new building or retained in any existing building thereon.

Traditional exterior building materials, such as wooden shingles or clapboards, "Hardiplank" or similar product, shall be used for building siding.

Structures which have been determined by the Secretary of the Interior to be contributing to the historical significance of the District shall be reused whenever possible rather than demolished. Demolition of such buildings shall be permitted when the property owner demonstrates there is no reasonable and feasible alternative to demolition. In the event of demolition, it is preferred that such structures be replicated or reconstructed on their original building footprint and the design be substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings.

New construction shall be of pedestrian-scale, directly fronting the street with covered sidewalk arcades, unless otherwise governed by setback requirements of this chapter. Structures set behind expanses of asphalt or other impervious parking surfaces are prohibited. New construction shall be articulated with building hyphens, other architectural features, and roofline breaks and gables employed to scale-down building mass to match existing surrounding buildings.

Long first-floor arcades projecting to public sidewalks shall be incorporated where appropriate in any new design, with arcade width, street-to-arcade setback and sidewalk width matching existing configuration on the street. Arcade roofs shall not be entirely recessed within the building fabric or building mass. The uniformity of existing covered sidewalk arcades, with galleries, decks and porches above, shall guide new construction.

In addition to requirements and standards for signage in § 260-86, no freestanding signs shall be permitted.

All awnings shall be covered with canvas. Backlit awnings and those displaying logos and/or signs shall be prohibited.

Exterior lighting fixtures shall be shielded and directed toward the building or the ground. Electrical conduit and junction boxes shall be located so as to minimize or, if possible, eliminate their visibility from the public. Security devices shall not negatively impact the architectural character of the building and streetscape. Satellite dishes are not permitted on the street side of any structure, nor are they to be visible from Bay Street.

HVAC mechanical devices shall not be visible from the street. Such devices may be screened with architectural elements or vegetation where appropriate.

The Planning Board may allow historical features which previously existed to be replicated, provided that such elements are substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings, and such elements are in general compliance with the Zoning Ordinance dimensional requirements.

Visually and historically significant landscape features, such as stone walls, fences, curbing treatments, sidewalks (and their width) and the like, shall be preserved whenever possible or replaced in-kind. New features shall be designed to complement and enhance existing features. All new landscaping shall use low-growing material or species hardy to the area. Fixed streetscape features, such as lighting standards and benches, shall be of a consistent and traditional design type which will complement the architecture of the area. Landscaping shall be required to minimize the visual input of any bottomless sand filter or other components of individual septic disposal systems.

In new building construction the following character-generating features of Bay Street are encouraged:

In all construction, synthetic materials or substitutes may be used subject to Planning Board approval; samples of all such materials shall be submitted to the Planning Board as part of the review process.

The property of Gail Forbes, described as Assessor's Plat 179, Lot 85, shall be determined not to be contributing to the historical significance of the Watch Hill Historic District as defined by the Secretary of the Interior.

An enclosed stairway and elevator for providing handicap access to a rooftop deck over residential unit(s) shall be permitted, provided that it is no higher than necessary to achieve such access.

The Planning Board may hire an historical consultant, at the applicant's expense, to review the project for purposes of identifying impacts to the property which can reasonably be expected to diminish or destroy its historical qualities and to provide a recommendation to the Planning Board.

Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.

The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.

The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[1] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:

Zoning certificates, Fire Department inspection and/or review, or building/trade permits, are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence in a residential zoning district.

Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.

The caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.

The caregiver cardholder shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[2] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:

Possession limits. Caregiver cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

Residential cooperative cultivation, as defined under this section, shall be prohibited in all zoning districts.

Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:

Possession limits. Cooperative cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.

Findings.

Location.

Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.

Lighting.

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

Parking. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.

Signage and advertising. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.

No use permitted under this section shall be established prior to submission and approval of a special use permit by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.

Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local and/or State Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the compassion center.

Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[4] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

Possession limits. Compassion center possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

If the licensed cultivator does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.

The Licensed Cultivator shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cultivator.

The licensed cultivator shall apply for a zoning certificate, and the licensed cultivator or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cultivator. Upon the annual renewal of its license in accordance with state regulations, a licensed cultivator shall reapply for a zoning use certificate, providing documented proof of such renewal.

In addition to the requirements above, the licensed cultivator shall demonstrate to the Building Official that the following requirements have been met:

Possession limits. Licensed cultivation possession limits shall be consistent with those stated in the Rhode Island General Laws.

Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with § 260-26 of this chapter and subject to violations and penalties as provided in Chapter 1, Article II, General Penalty.

All unpermitted preexisting cultivation shall be required to comply with this section.

All uses permitted under this section shall comply fully with all licensing requirements of the Town of Westerly and laws of the State of Rhode Island.

The increase in demand for alternate power sources has resulted in considerable interest in the construction of solar energy systems which provide for the collection, storage and distribution of energy for electricity, heating and other purposes.

The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhoods and its architecture in which they are located and are compatible with the Comprehensive Plan of the Town of Westerly.

The requirements of this section shall apply to all solar installations located in the Town of Westerly except those on land owned by the municipality.

Except otherwise stated herein, the following definitions shall apply to all solar installations in the Town of Westerly:

Single use. Accessory solar energy systems, Use Code E.14A, and principal solar energy systems, Use Code E.14B, shall be permitted as set forth in § 260-18, Table of Uses, and reviewed pursuant to the requirements of § 260-87.8.

Dual uses. A lot located in General Industrial Zoning District (as defined by § 260-12) may have dual principal uses so long as one of those dual principal uses is a solar energy system permitted by right or special use permit in the Zoning District. Review of a project that is proposing dual principal uses, one of which is a solar energy system, shall be as a major land development (Chapter A261). In addition to the submission requirements for a major land development, all applications to the Planning Board shall also meet the requirements of § 260-87.8. On applications requiring a variance (§ 260-33) or special use permit (§ 260-34), Planning Board approval shall be advisory to the Zoning Board of Review.

The purpose of this subsection is to provide for the transition from a nonconforming commercial or industrial use to a use that conforms to, or more closely conforms to, the provisions of zoning.

The intent to abandon a lawful nonconforming commercial or industrial use of land, portion of land, building, or structure, pursuant to § 260-32, Nonconformance, shall be conclusively presumed by the combination of one or more of the following actions and the replacement of the nonconforming commercial or industrial use with a solar energy system.

At the time of decommissioning of an approved solar energy system, the land, portion of land, building or structure previously nonconforming by use or dimension shall revert to a use and/or structure that is conforming to the use and dimensional provisions of zoning.

Development plan review by the Planning Board (§ 260-45) is required for all ground-mounted solar installations except when the solar energy system is accessory to a single-family or two-family residence. Accessory uses for installations excluding one- or two-family residences may be permitted administratively by the Zoning Official if less than 1,000 square feet or less than 25 kw. However, solar installations proposed within any historic district, on an historic property or site, or on any property, or structure registered, or proposed for registration as per Chapter 42-45 Rhode Island Historical Preservation and Heritage Commission, on the National Register of Historic Places shall be forwarded to the Architectural Review Board for an advisory opinion with regard to applicable historical and architectural standards, and to the Planning Board for development plan review approval as set forth in § 260-45. In addition to the requirements of § 260-45, the submission requirements of Subsection I shall also apply. On applications requiring a variance or special use permit, development plan review shall be advisory to the Zoning Board of Review.

Where a special use permit is required, the Zoning Board shall find that through legally competent evidence in the record the applicant has met the development standards set forth in Subsection F for roof-mounted and Subsection H for ground-mounted. Requirements of Subsection F and Subsection H may not be varied or waived. Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall also require a special use permit and meet the standards set forth in Subsection F.

Signs for solar energy systems shall comply with the Town's sign ordinance. A sign consistent with the Town's sign ordinance shall be required to identify the owner/operator of any ground-mounted system and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertisement except for identification of the manufacturer or operator of the solar energy system.

Substantial modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Zoning Official and the Town Planner.

Any significant visual change due to material modifications shall require approval of the Planning Board and Architectural Review Board and if applicable, the Zoning Board.

Solar devices shall be an integrated part of the overall design of the structure. Color, style, shape and proportions of the solar devices should not conflict with the style, shape and proportions of the roof. Flat-roof systems may be set at an optimal angle and elevated, so as to minimize any adverse visual impact.

Rooftop solar energy systems must not increase the footprint of the structure.

On flat and minimally sloped roofs, solar devices shall be set back from the edge and/or behind architectural features and determined to have no adverse impact.

Solar energy systems shall be installed in such a manner to be consistent with state building and fire code.

Solar installations shall include appropriate snow and ice guards to avoid the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.

Solar installations that also serve as primary building materials (i.e., solar shingles, siding, etc.) shall conform to the manufacturer's installation instructions.

All solar installations shall include a well-marked and easily accessible emergency cut-off designed to stop power generated by the installation from being distributed to the structure or utility connection serviced by the installation.

Solar installations shall be cleaned and maintained using best practices.

All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

Setbacks. All ground-mounted solar energy systems must meet the setback requirements of Article V, Standard Zoning District Dimensional Regulations, and Attachment 10, Schedule of Dimensional Regulations.

The area of the array percent coverage shall be considered an impervious surface for purposes of meeting the minimum dimensional standards, maximum percent impervious surface in § 260-19.

Height restrictions. Ground-mounted solar installations shall not exceed 12 feet in height as defined in §§ 260-9 and 260-20 as applicable to the highest point of the solar installation, including the top of any support structure or panel. The Zoning Board may allow heights exceeding 12 feet as a special use permit.

Applicants proposing ground-mounted solar energy systems shall provide an appropriate buffer to adequately mitigate visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site. Choices include, but are not limited to, a fifty-foot wooded buffer, twenty-foot partial landscape screen, ten-foot full landscape screen, or fencing with design and materials that are appropriate to the surrounding natural and built environment. The vegetative buffer surrounding the perimeter of the installation shall consist of plants from Rhode Island native plant database.

A security fence shall surround the perimeter of the installation and shall, at a minimum, be constructed pursuant to the National Electrical Code Section 110.31 as amended. The fence shall be of appropriate aesthetic and integrate into the surrounding area and the general character of the area.

All ground-mounted solar installations shall be located to take advantage of existing cleared land, and the clearing of forest or woodland shall be avoided. If clearing of forest or woodland is proven to be unavoidable by the applicant, such clearing shall be limited to no more than 30% of the sum of the total area of the solar panels, their buffer area and fencing in all zoning districts except the General Industrial and Light Industrial Zones, and shall be limited to clearing for those purposes. In the General Industrial and Light Industrial Zones, clearing shall be limited to 50% of the sum of the total area of the solar panels, their buffer area and fencing. For the purpose of the 30% or 50% calculation, any land cleared for any purpose within five years prior to submission of the application is deemed uncleared land. The applicant shall provide a complete evaluation of the environmental resources on the site, including but not limited to, the quality and quantity of mature trees and presence of flora and fauna located on the site as well as whether this site is a known habitat for wildlife, including but not limited to birds, deer and coyotes. A determination that clearing of the site will not have an adverse impact on these natural resources or the environment shall also be provided. Botanists, wetland specialists, arborists, wildlife biologists and wildlife ecologists shall be consulted to perform such evaluations and shall be licensed professionals in their field of study. The oral or written opinion of the applicant will not alone be deemed sufficient justification for the requested clearcutting without the input of the experts previously listed. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy systems. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area. To the maximum extent practicable, all cleared areas below and surrounding a ground-mounted solar installation shall be maintained in a vegetated state to stabilize soils and prevent erosion.

To the maximum extent practicable, all electrical connection and distribution lines shall be located entirely within the structure of the solar installation, underground, or within the structure to which the installation is supplying energy. Electrical equipment between the installation and the utility connection may be above ground if required by the utility.

Ground-mounted solar energy systems are not permitted in a flood zone or on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island soil survey. Ground-mounted solar energy systems located in the Aquifer Protection Overlay District (§ 260-52) shall meet the standards of the Aquifer Protection Overlay District and be designed and installed to ensure that the land beneath the solar energy system is restored after the solar array's installation with appropriate, sustainable and integrated low-growth vegetation that is listed in the University of Rhode Island's native plant database or other primary source to meet the stormwater, groundwater quality, aquifer protection standards and rules as well as firesafety requirements. If soils need to be removed from beneath the system for installation purposes, it shall be stored on site for future reclamation and replanted with grass or low-growth vegetation after decommissioning and removal.

Reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, repositioning of systems on other areas of the property, or other appropriate measures. Solar energy systems shall be considered part of the overall design of a site plan or structure. The location, positioning, scale and general aesthetics of a ground-mounted system shall be integrated into the approved site plan.

Lighting of solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from adjacent properties.

The ground-mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless such road is a public way.

All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

A project narrative, which shall contain a summary of the existing and proposed facility, a description of the facility's context in relation to other uses on the property, neighboring land uses and environmental features, and detail regarding the proposed operation and maintenance of the solar energy system including safety plans;

Plans showing existing and proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

Drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods;

Documentation of the major system components to be used, including the panels, mounting system, and inverter;

An itemized estimate of the cost of decommissioning and removal of the solar energy system;

Name, address, and contact information for proposed system installer;

Documentation of access, control of the project site and operation and maintenance plan sufficient to allow for construction and operation of the proposed solar energy system.

Any memorandum of lease, easement, or utility agreement associated with a solar installation shall be submitted to the Westerly Building Office for record in the Town of Westerly upon approval.

Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the Zoning Official and the Administrative Officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: removal of all solar energy system-related structures, equipment, security barriers, and transmission lines from the site; disposal of all solid and hazardous waste in accordance with applicable disposal regulations; stabilization and revegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a landscape designer to assess whether any revegetation of the site is necessary.

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the property owner or the Town may remove the facility and seek damages for expenses incurred for such removal in accordance with law.

At the time of development plan approval of a ground-mounted solar energy system the Planning Board shall require a financial guarantee for the decommissioning and removal of the system and consider the projected life of the system and inflation. Prior to construction, the applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site. The amount of said bond or security shall be reviewed and approved by the Department of Public Works. The terms of payment and process for release shall be consistent with those established by the Town's Subdivision and Land Development Regulations for the release of a performance guarantee. Release shall not occur until the system is fully removed from the site.

In the event that the building or land occupied by the holder of a retailer’s cannabis license or permit is taken in whole or in part by eminent domain or by other public authority, the board, body or official who issued the license may permit the license to be transferred to a store or place no closer than 150 feet measured by any public way of other premises holding a cannabis license or permit. A cannabis retail permit may be issued to the premises so long as the premises are in continuous operation under the license or permit. Where a proposed licensed place is upon the opposite side of the street from an existing license or permit, the width of the street is to be disregarded in measuring the distance to ascertain if it is 150 feet away from those premises.