Town of Bristol Zoning Ordinance

Words used in the present tense include the future, the singular includes the plural and the plural, the singular. Terms not defined in this chapter shall have the meaning customarily assigned to them. The following terms, unless a contrary meaning is specifically prescribed, shall have the following meanings:

Abandonment means to cease or discontinue a use or activity without intent to resume (See subsection 28-218(9)).

Abutter means one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land. For purposes of notice, abutter also includes any property that is across a street from the subject property.

Accessory dwelling unit (ADU) means a residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. (See section 28-151.)

Accessory structure means a subordinate structure detached from but located on the same lot or parcel as the principal structure, the use of which is incidental and accessory to that of the principal structure. A structure is detached when there is no physical connection with and a minimum distance of six feet from the principal structure. (See also definition of garage and subsection 28-142(d) for dimensional requirements.)

Accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall be restricted to the same lot or parcel as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

Accessory use solar energy system. A solar photovoltaic energy system that is incidental and subordinate to the principal use(s) of the parcel or development, and that generates no more energy than the average electrical consumption (as defined herein) necessary to support the principal use(s) of the parcel. Solar energy systems serving multiple parcels within a subdivision or land development project shall be considered accessory if they produce no more than the average electrical consumption necessary to support the development as a whole.

Adaptive reuse means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.

Administrative officer. The director of community development or designee means the administrative officer is charged with administering the land development and subdivision regulations and coordinating with local boards and commissions, and other municipal staff and state agencies.

Adult entertainment means any commercial establishment or business where any individual, employee, operator, or owner exposes genitals, pubic regions, buttocks, anus, anal cleft or cleavage, or female breasts at or below the areola, or employs any device or covering which is intended to give the appearance of or simulate genitals, pubic regions, buttocks, anus, anal cleft or cleavage or female breasts at or below the areola for viewing by patrons.

Aggrieved party means for purposes of this chapter:

• • (1) Any person or entity who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning regulations of the town; or

  • (2) Anyone requiring notice pursuant to this chapter.

Agricultural land means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as "prime farm land" or "additional farm land of statewide importance for the state" by the Soil Conservation Service of the United States Department of Agriculture.

Agricultural operations means any commercial enterprise that has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the director, in consultation with the chief of division of agriculture, may determine to be agriculture, or an agricultural activity, use or operation. The mixed-use of farms and farmlands for other forms of enterprise including, but not limited to, the display of antique vehicles and equipment, retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are hereby recognized as a valuable and viable means of contributing to the preservation of agriculture.

Air-supported structure means a temporary or permanent structure made from a membrane-like fabric either fully or partially supported by air pressure. An air-supported structure typically has cable restraints, anchoring supports, primary blowers and/or backup inflation units. Air-supported structures are generally used for warehouse or indoor commercial recreational purposes. Air-supported structures are also known as air-inflated structures, air domes or membrane structures.

Alteration, exterior means an action that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection construction, reconstruction, or removal of any structure or appurtenance.

Antenna means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

Applicant means an owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

Application means the completed form and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development plan review, approval, or permitting purposes.

Appurtenances means features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, doors, windows, signs, materials, decorative accessories, paving, fences and landscape features.

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

Artist means an individual who practices one of the fine, design, graphic, musical, literary, computer or performing arts.

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

Auto repair, major means a parcel of land or building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

Auto repair, minor means a parcel of land or building designed and used for the storage, care, and minor repair of motor vehicles, excluding body repair, with or without gasoline dispensers.

Average electrical consumption shall mean 125 percent of the average electric consumption on the property for the past 12 months or the average for the past 36 months if the principal use has been in existence for such periods. For a new or expanded principal use, average electrical consumption shall be 125 percent of the estimated electrical consumption on the property as certified by affidavit in a report containing the calculations for such use from a licensed professional electrical engineer.

Basement means that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having more than one-half of its height above the average elevation of the finished lot grade adjoining the building. A basement shall be considered a story.

Bed and breakfast means a house, or portion thereof, where short-term lodging rooms and meals are provided.

Board means the zoning board of review.

Boardinghouse means a building where lodging is supplied with or without meals and the operator resides on the premises.

Boatyard/marina means a commercial facility for some or all of the following: the storing, servicing, sale, repairing, fueling, berthing, and securing, launching and transporting of boats, and the sale of fuel and incidental supplies (such as marine equipment and food service and supplies) for the boat owners, crews and guests, and provision of on-water taxi and marine salvage operations.

Bond means one type of improvement guarantee.

Brewery means an establishment where beer or other malt beverages are made on the premises. There are three categories of breweries in Bristol: large breweries, microbreweries and farm breweries. A manufacturer's license to make alcoholic beverages under RIGL § 3-6-1 shall be required and such establishments must meet all local dimensional and parking regulations.

Brewpub means an establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar, and where 40 percent or more of the product made on site is sold on site. Brewpubs may distribute to off-site accounts or sell beer to take away in accordance with state law.

Farm brewery/farm winery/farm cidery means an establishment where beer, malt beverages, wine, or hard cider are produced and the ingredients (such as grains, hops, or fruit) used must be grown on the given property.

Large brewery means an establishment where beer or malt beverages are made on premises at an annual production rate of 10,000 barrels or more. A barrel is equivalent to roughly 31 gallons.

Microbrewery means an establishment where beer and/or malt beverages are made on premises and then sold or distributed, producing less than 10,000 barrels per year. Microbreweries sell their product in any of the following ways: the traditional three-tier system of brewer to wholesaler to retailer to consumer; a two-tier system of brewer acting as wholesaler and then to retailer to consumer; or directly to the end consumer.

Buffer means land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

Buildable lot means a lot where construction for the use(s) permitted on the site under this chapter is considered practicable by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building envelope means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height and bulk; by other regulations; and/or any combination thereof.

Building height means the vertical distance from grade, as defined herein, to the top of the highest point of the roof or structure. The distance shall exclude unoccupied decorative space or items such as spires, chimneys, cupolas, weathervanes, flag poles and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA flood insurance rate map (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) suggested design elevation three-foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• • (1) The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

  • (2) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for exclusion every ten years, or as otherwise necessary.

Café/limited food service means the preparation of food or beverage to order in a setting that provides no more than eight indoor seats and 16 outdoor seats and that operates as an accessory use clearly subordinate to the farm lot operation.

Caliper means the diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter.

Campground means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

Cannabis cultivator means, as defined under Section 21-28.11-3(11) of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

Cannabis product manufacturer means, as defined under Section 21-28.11-3(14) of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

Cannabis retailer means, as defined under Section 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to Section 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

Cannabis testing laboratory means, as defined under Section 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: (i) Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in Section 21-28.11-11.

Capacity or land capacity means the suitability of the land, as defined by geology, soil conditions, topography and water resources to support its development for uses such as residential, commercial, industrial, open space or recreation. Land capacity may be modified by provision of facilities and services.

Cellar means that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than one-half its height above the average elevation of the finished lot grade adjoining the building. A cellar shall not be considered a story.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Certificate of completeness means a notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of town regulations, and that the applicant may proceed with the approval process.

Clinic, medical means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Clinic, veterinary means a building designed and used for the diagnosis and treatment of animals that may include limited overnight facilities.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, literature, politics or the like, but not operated for profit.

Cluster means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures. The techniques used to concentrate buildings are specified in this chapter and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions to one or more uses.

Commercial or technical trades school means a school, providing vocational education, and operated for the express purpose of giving students the skills needed to perform a certain job that is based in manual or practical activities, traditionally non-academic and totally related to a specific trade, occupation or vocation.

Common ownership means either:

• • (1) Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or

  • (2) Ownership by any association (such ownership may also include the town) of one or more lots under specific development techniques.

Community center means a place, structure, area, or other facility used for and providing nonprofit recreational, social, fraternal, and/or educational programs generally open to the public and designed to accommodate and serve significant segments of the town.

Community residence means a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:

• • (1) Whenever six or fewer mentally disabled or mentally handicapped children or adults reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L., § 40.1-24-1 et seq.;

  • (2) A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to R.I.G.L., § 40.1-24-1 et seq.;

  • (3) A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to R.I.G.L., § 42-72.1-1 et seq.;

  • (4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency and eventual transition to a permanent living situation.

Compassion center means, as defined in R.I.G.L., § 21-28.6-3, a not-for-profit corporation, subject to the provisions of chapter 6 of title 7, and registered under R.I.G.L., § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

Comprehensive plan means the comprehensive plan adopted and approved by the town pursuant to R.I.G.L., § 45-22.2 et seq. to which the provisions of this chapter shall be in compliance.

Concept plan means a drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for preapplication meetings and early discussions, and classification of the project within the approval process.

Congregate housing means a residential facility for four or more elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments and counseling.

Consistency with the comprehensive plan means a requirement that all local land regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in R.I.G.L., § 45-22.2.

Contaminated site pending remediation. A property that has been identified and confirmed by RIDEM as being contaminated through issuance of a "letter of responsibility", but which has not yet been remediated to the satisfaction of RIDEM.

Contract construction service means a business that conducts various infrastructure installation and maintenance such as landscapers, home builders, road or drainage work as commissioned by a customer.

Convenience store means any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Day care, day care center means any other day care center which is not a family day care home.

Day care, family day care home means any home other than the individual's home in which day care in lieu of family care or supervision is offered at the same time to six or less individuals who are not relatives of the care-giver, but may not contain more than a total of eight individuals receiving day care.

Days means calendar days.

Deck means an addition to a structure which is used for outdoor purposes and is not enclosed.

Dedication, fee-in-lieu-of means monetary payments which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons.

Demolition means an act or process that destroys a building or structure or its appurtenances in part or in whole.

Density, residential means the number of dwelling units per unit of land.

Design standards means standards that set forth specific improvement requirements.

Development means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

Development plan review means the process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter. (See article VI of this chapter.)

Development regulation means zoning, subdivisions, land development plan, development plan review, historic district, official map, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.

Director means director of the office of community development.

District. See zoning use district.

Division of land means a subdivision.

Domesticated animals, household means animals that have been domesticated and that are adapted to live with or in very close proximity to humans. Examples of household domesticated animals include dogs, non-feral cats, hamsters and parakeets.

Domesticated animals, non-household means animals that have been domesticated and are not adapted to live with or in very close proximity to humans. Examples of non-household domesticated animals include livestock animals such as chickens, horses, pigeons, pigs and goats.

Dormitory means a building used as rooming units for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institution.

Drainage system means a system for the removal of water from land by drains, grading or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface waters and groundwaters, and the prevention and/or alleviation of flooding.

Drive-thru means a type of service provided by a business that allows customers to purchase products without leaving their cars.

Dwelling, multi-household means a building or portion thereof used for occupancy by three or more households living independently of each other.

Dwelling, single-household means a building used exclusively for one household and containing only one dwelling unit.

Dwelling, two-household means a building used exclusively for occupancy by two households living independently of each other.

Dwelling unit means a structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and containing a separate means of ingress and egress.

Easement means a grant of one or more of the property rights by the owner to, or for the use by, the public or another person or entity.

Elderly housing means multifamily housing occupied solely by persons 65 years of age or older.

Environmental constraints means natural features, resources or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

Extractive industry means the extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction-site or as a part of the extractive activity.

Family member means a person related by blood, marriage or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

Farm demonstration and educational projects means the use of a portion of a customary farm operation as an educational forum where small groups visiting the farm will observe the operation and be taught, trained or guided on aspects of the farm operation.

Farm lot means a property qualifying (or simply meeting the definition of) as a farm under the Rhode Island Department of Environmental Management (RIDEM) Farm, Forest, and Open Space Act as an agricultural operation with a minimum of five acres of contiguous land parcels.

Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Final plan means the final stage of land development and subdivision review.

Floating zone means an unmapped zoning district adopted within this chapter which is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

Floodplains or flood hazard area means an area that has a one percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency (FEMA) pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) (42 USC 4011 et seq.).

Floor area, gross means the sum of the gross horizontal area of all floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, or any space where the floor to ceiling height is less than six feet.

Floor area ratio is determined by dividing the gross floor area of all buildings on a lot by the area of that lot. Any portion of a basement as defined in RIGL § 45-24.3-5 shall be excluded from this calculation.

Formula business means a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes it to be substantially identical to more than five other businesses regardless of ownership or location. Formula businesses can include, but are not limited to: restaurants, retail stores, banks, real estate sales offices, spas, hair and nail salons, and hotel/motel/inn/B&B.

Garage, commercial parking means a building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

Garage, private means a building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities.

Gasoline sales means an establishment where fuel is stored and dispensed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

Gasoline service station means a building or portion thereof in which automotive repairs or services are performed; fuel, oil, batteries and accessories are sold; grease racks, elevators and tire mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts.

Grade means the average point of existing elevation of natural ground (prior to manmade alterations in anticipation of construction) within the footprint of a proposed structure.

Ground-mounted solar energy system. A solar energy system that is structurally appended to the ground and is not supported to a structure or building.

Groundwater and associated terms shall have the meanings ascribed to them in R.I.G.L., § 46-13.1-3.

Halfway house means a residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

Hardship. See subsection 28-409(c) or R.I.G.L., § 45-24-41 for hardship standards.

Health club means an indoor facility including uses such as game courts, exercise equipment, locker rooms, pool, jacuzzi, sauna and pro shop.

Historic district means the same as defined in R.I.G.L., § 45-22.2-4. The term "historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic sites, and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to R.I.G.L., § 42-45-5.

Home occupation means any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit or accessory structure. See section 28-153.

Hospital means an institution licensed by the state to provide primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel means a building where temporary lodging is offered, but not including kitchen facilities in individual rooms, and where additional services such as restaurants, meeting rooms and recreational facilities may be provided. Access to rooms is primarily from interior lobbies, courts or halls.

Household means one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

• • (1) A family, which may also include servants and employees living with the family; or

  • (2) A person or group of unrelated persons living together. The maximum number is four.

Hybrid cannabis retailer means, under Section 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to Section 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Improvement means any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement guarantee means a security instrument accepted by a municipality to ensure that all improvements, facilities or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development.

Infrastructure means facilities and services needed to sustain residential, commercial, industrial, institutional uses, and other activities.

Junkyard means a parcel of land or portion thereof on which junk or scrap materials are collected, stored, salvaged, dismantled, or sold; including, but not limited to, computers, plastics, wood, metal, and other material determined to be junk and/or hazardous; inoperative or unregistered vehicles; or, other inoperative machinery.

Kennel means a facility housing dogs, cats or other household pets overnight and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Land development project means a project in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space and/or mixed uses as may be provided for in this chapter.

Large-scale ground-mounted solar photovoltaic facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity per panel of 250 kW DC or more, or that occupies 40,000 square feet of area or more, inclusive of inter-row and panel/collector spacing. This use shall only be permitted on town-owned land that exists as a closed and capped landfill, or on a remediated and restricted contamination site or a contaminated site pending remediation as a land development project and subject to a special use permit as set forth in article IX of this chapter.

Laundry, self-service means a business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

Light food processing means the cleaning, cutting, cooking and/or packaging of non-animal food at a scale appropriate to a domestic kitchen.

Lodginghouse. See boardinghouse.

Lot means either:

• • (1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or

  • (2) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

Lot area means the total area within the boundaries of a lot, excluding any street right-of-way or tidelands (filled or otherwise), usually reported in acres or square feet.

Lot building coverage means that portion of the lot that is or may be covered by buildings and accessory buildings.

Lot, corner means a lot at the junction of and fronting on two or more intersecting streets, which are 20 feet or more in width.

Lot depth means the distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

Lot frontage means that portion of a lot abutting a street. Except in an R-6 zone, for noncontiguous frontage, all such frontage may be combined to meet the minimum lot frontage requirements of the zoning district; provided, however, a minimum of 75 percent of the zoning district frontage requirement is contiguous.

Lot line means a line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

• • (1) Front: Any lot line fronting on a street shall be a front lot line and shall have a front setback.

  • (2) Rear: The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

  • (3) Side: Any lot line other than a front or rear lot line.

  • (4) Corner lot: A corner lot will have more than one front lot line, all of which shall meet the front yard setback. The yard setback of one of the rear lot lines may be reduced to side yard setback requirements.

Lot, through means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

Maintenance guarantee means any security instrument which may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time.

Major land development project means any land development project, pursuant to article IX of this chapter.

Manufactured home (also known as mobile home) means a structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a roadway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted, or attached to a permanent slab foundation. The term "manufactured home" does not include modular construction.

Manufactured home park (also mobile home park) means a parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes.

Marina. See boatyard/marina.

Marine trade industries mean the design, fabrication, construction, maintenance, transport, storage, and retail and wholesale sale of boats and other marine products, equipment, systems and parts.

Master plan means an overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. A master plan is required in major land development review.

Medical marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana to a registered compassion center, or other entity authorized to dispense marijuana.

Medical marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which the sale or use of medical marijuana takes place. This shall include without limitation any so-called "vape lounge," "vapor lounge," or any other establishment at which medical marijuana is consumed in vaporized form. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

Minor land development project means a conservation development pursuant to the resource conservation and creative development overlay (the RCCD overlay zone) where there are five or less units created and the uses are pursuant to subsection 28-283(f)(1).

Mixed use means a mixture of land uses within a single development, building, or tract.

Modification means permission granted and administered by the zoning official and pursuant to RIGL 45-24-46 and set forth in this chapter at section 28-152, to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree, not to exceed 25 percent of each of the applicable dimensional requirements.

Motel means a building or series of buildings in which lodging is offered, but not including kitchen facilities in individual rooms, and where additional services such as restaurants, meeting rooms and recreational facilities may be provided. Access to rooms is primarily from exterior doors.

Museum means a nonprofit organization that maintains collections of artifacts, historic properties, including buildings, or living plants and animals which opens the collections to the public and may rent their facilities for special events, such as weddings, parties, meetings, fundraisers, concerts (with appropriate entertainment licenses) from time to time.

Nameplate capacity shall mean the total maximum intended full load sustained output of the solar energy system's inverter or inverters, as determined by the manufacturer. Due to the latitude and climate of Bristol, the average actual capacity is deemed to be one-quarter of such total nameplate capacity.

Nonconformance means a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of this chapter or amendment. Nonconformance shall be of only two types:

• • (1) Nonconforming by use: A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or

  • (2) Nonconforming by dimension: A building, structure or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations, include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nondomesticated animals means an animal that has not been tamed or otherwise adapted to survival with the help of humans (i.e. wild).

Nursery/greenhouse, agricultural means any land used to raise trees, shrubs, flowers and other plants for sale where the goods are transported off site to be sold.

Nursery/greenhouse, commercial means any land used to raise trees, shrubs, flowers, and other plants for sale where the public comes to purchase the plants and other items accessory to on site.

Nursing home means a facility licensed by the state and maintained for the purpose of providing skilled nursing care and medical supervision primarily to elderly persons at a lower level than that available at a hospital.

Off-site means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or on a contiguous portion of a street or right-of-way.

Off-street parking space means a parking space provided in a parking lot, parking structure, or private driveway.

On-site means located on the lot or parcel in question.

On-site retail of farm products means the sale of farm products in a permanent building.

Open space means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parks and other improvements that are designated to be incidental to the natural openness of the land.

Outdoor wood boiler means a fuel burning device designed to burn wood and other solid fuels; that the manufacturer specifies for outdoor installation or in structures not normally occupied by humans; and that heat building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

Overlay district means a district established in a zoning ordinance that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than those otherwise applicable for the underlying zone.

Parcel means a lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. The term "parcel" is also referred to as a tract.

Parking aisle means the traveled way by which cars enter and depart parking spaces.

Parking area or lot means all that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading, and unloading.

Parking space means an area provided for the parking of a motor vehicle.

Performance guarantee means any security instrument which may be required and accepted by the town to ensure that necessary improvements are installed as required.

Performance standards means a set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Phased development means development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

Physical constraints to development means characteristics of a site or area, either natural or manmade, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods.

Pick your own produce means a fee-based operation that allows customers to harvest produce for their own purchase and consumption.

Planned development means a "land development project", as defined herein, and developed according to plan as a single entity and containing one or more structures and/or use with appurtenant common areas.

Planning board means the official planning agency of the town.

Porch means a covered, single-story, unenclosed structure that projects out from the front of the structure.

Pre-application conference means a review meeting of a proposed development held between applicants and reviewing agencies before formal submission of an application for a permit or for development approval. This initial meeting affords the developer(s) the opportunity to present their proposal informally and to receive comments and direction from the municipal officials and others.

Preliminary plan means the required stage of land development review which shall require detailed engineered drawings and all required state and federal permits.

Principal use solar energy system. A solar energy system that is either (1) the only use occupying a parcel, or (2) produces more than the average electrical consumption that is necessary to support the other legal use(s) occupying the parcel.

Print shop means a retail establishment that provides duplicating service using photocopy, blueprint, and offset printing equipment, including collating and binding of booklets and reports.

Public improvement means any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assumed the responsibility for maintenance and operation upon town acceptance.

Reclamation facility means a facility that is not a junkyard and in which recoverable resources, such as automobile parts and engine parts are collected, stored, dismantled, and salvaged, essentially by machine operation within a completely enclosed building, including a nonpermeable floor surface with a closed drain system.

Recreational or athletics school means an educational institution with a primary focus on athletics, the arts, or recreational activities such as dance, gymnastics, theatre or visual arts.

Recycling facility means a facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, plastic containers and metal cans are collected, stored, flattened, crushed or bundled, essentially by hand within a completely enclosed building.

Remediated and restricted contamination site. A property (1) that has been identified and confirmed by RIDEM as having contained a hazardous material contamination; (2) on which remediation activities were conducted to the satisfaction of RIDEM as documented within a "letter of compliance" or an "interim letter of compliance", and (3) for which RIDEM has required the use of the property to be restricted through an environmental land use restriction.

Restaurant means an establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms and outdoor cafes.

Restaurant, drive-in means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

Restaurant, fast-food means an establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Roadside stand means a seasonal, temporary, or semi-temporary structure where farm products are sold directly to consumers.

Roof-mounted solar energy system. A solar energy system that is structurally appended to the roof of a building or structure.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be to be used for living and sleeping, but not for cooking or eating purposes.

Seasonal attractions means hayrides, festivals, fairs, and the like up to four times a year. In no case will seasonal attractions include concerts, weddings or private receptions.

Screen means a structure or planting consisting of fencing, berms and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

Self-service storage facility means a facility or businesses composed of real estate divided into spaces that are rented to residential or small business tenants for storage of items that are not regularly or frequently accessed by the tenants, usually on a monthly basis.

Setback line or lines means a line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

Sign means any display of lettering, logos, colors, lights or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce or drawn attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or on any other premises, excluding window displays and merchandise.

Awning: A sign painted on or attached to the cover of a structural frame; movably hinged, rollable, foldable; or, falsely rigid type.

Banner: Any sign intended to be hung either with or without frames having characters, letters, illustrations or ornamentations applied to paper, plastic or fabric.

Billboard: A freestanding sign larger than 25 square feet or wall sign covering more than ten percent of the surface area to which it is attached and advertising products, services, facilities, events or attraction not made, sold, used, served or available on the premises displaying such sign.

Flag: Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other entity.

Flashing: A sign whose illumination is not kept constant in intensity at all times when in use, and which exhibits changes in light, color, direction or animation. Illuminated signs which indicate the date, time and temperature will not be considered flashing signs.

Freestanding: A self-supporting sign not attached to any building, wall or fence, but in a fixed location. This does not include portable signs or motor vehicle signs.

Illuminated, directly: Any sign internally lit by electrical bulbs, fluorescent lights or neon tubes.

Illuminated, indirectly: A sign illuminated with an artificial light directed primarily toward such sign from an exterior source.

Landmark: An older sign of artistic or historic merit, uniqueness or extraordinary significance to the town as identified by the historic district commission.

Motor vehicle: Any sign painted on a registered motor vehicle, except motor vehicles which are actively operated or parked temporarily for business purposes (i.e. provision of services or delivery of goods).

Off-premises: Any sign, that advertises a business, or activities, products or services that are available elsewhere than within the building or on the lot where the sign is located.

On-premises: Any sign that advertises, calls attention to or identifies the occupant of the premises on which the sign is maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent.

On-site construction: An on-premises sign identifying the general contractor, architect, engineer or other professional currently engaged in construction or renovation of such property.

Portable: A sign capable of being readily moved or relocated. There are two types as follows:

Type a: Signs mounted on chassis and wheels or sail flag banners that are ground mounted;

Type b: Signs supported by legs such as A-frame or sandwich type signs.

Projecting: Any sign other than a wall sign, affixed to any building or wall whose leading edge extends beyond such building or wall.

Real estate: An on-premises sign advertising the property being sold or rented.

Temporary: A sign intended to be used for a period of no more than 30 days.

Wall: Any sign which is painted on, incorporated into, or affixed permanently to the wall of a building or structure, and which extends not more than six inches from the surface of that building or structure.

Window: Any sign which is painted directly inside the window with the purpose of identifying the premises from the sidewalk or street.

Site plan means the development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

Solar canopy. An elevated structure, built to cover a parking area, that hosts solar panels and provides shade.

Solar energy system. The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced for a nonrenewable resource. This shall include photovoltaic arrays and installations that utilize ground-mounted systems.

Special use means a regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to article XI of this chapter. A special use situation was formerly referred to as a special exception.

Stormwater detention means a provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

Stormwater retention means a provision for storage of stormwater runoff.

Street means a public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.

Street, access to means an adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

Street, alley means a public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Street, cul-de-sac means a local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

Street, limited access highway means a freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

Street, private means a thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.

Street, public means all public property reserved or dedicated for street traffic.

Street, stub means a portion of a street reserved to provide access to future development, which may provide for utility connections.

Structure means a combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.

Substandard lot of record means any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

Temporary improvement means improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee, but not intended to be permanent.

Use means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

Variance means permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance.

• • (1) Use variance. Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.

  • (2) Dimensional variance. Permission to depart from the dimensional requirements of this chapter under the applicable standards set forth in RIGL 45-24-41 and set forth in this chapter at section 28-409(c).

Vested rights means the right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.

Warehouse means a building used primarily for the storage, repackaging, and trans shipping of commercial and industrial goods and materials which are frequently or regularly accessed.

Waters means as defined in RIGL § 46-12-1(b).

Well means an artesian or rock drilled well conforming to the "Rules and Regulations Governing the Enforcement of RIGL § 46-13.2 et seq., relating to the Drilling of Drinking Water Wells" of the state department of environmental management, division of groundwater resources.

Wetland, coastal means the same as defined in RIGL § 2-1-14. A salt marsh bordering on the tidal waters of this state and contiguous uplands extending not more than 50 yards inland therefrom.

Wetland, freshwater means the same as defined in RIGL § 2-1-20. A marsh, swamp, bog, pond, river, river or stream floodplain or bank, area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within 50 feet of the edge of a bog, marsh, swamp or pond, as defined in RIGL § 2-1-20.

Zoning certificate means a document signed by the zoning enforcement officer, as required in this chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom.

Yard means that portion of a property located between a lot line and an applicable setback line.

Yacht club means a sports club specifically related to sailing and yachting, including facilities for berthing, securing, and launching boats, and the conduct of social functions for members.

Zoning enforcement officer means the director of community development or designee.

Zoning map means the map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the city or town.

Zoning ordinance means the zoning ordinance enacted by the town council pursuant to this chapter and in the manner providing for the adoption of ordinances in town's home rule charter which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the town as defined in this chapter, which includes a zoning map, and which complies with the provisions of RIGL § 45-24-27 et seq.

Zoning use districts means the basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space and residential. Each district may include subdistricts. Districts may be combined.

(Ord. No. 2015-14, 12-2-15; Ord. No. 2015-15, 12-16-15; Ord. No. 2017-03, 4-26-17; Ord. No. 2019-07, 6-26-19; Amend. of 1-27-21; Ord. No. 2022-12, 11-16-22; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)

Cross reference— Definitions generally, § 1-2.

These zoning regulations have been developed and will be maintained in accordance with the town comprehensive plan, adopted April 24, 1991, and amended January 12, 2016, and as may be amended from time to time, and are designed to address the following purposes:

• • (1) Promote the public health, safety and general welfare;

  • (2) Provide for a range of uses and intensities of use appropriate to the character of the town and that reflect current and expected future needs;

  • (3) Provide for orderly growth and development which recognizes:

    • a. The goals and patterns of land use contained in the town comprehensive plan;

    • b. The natural characteristics of the land, including its suitability for uses based on soil characteristics, topography, and susceptibility to surface water or groundwater pollution;

    • c. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

    • d. The values of unique or valuable natural resources and features;

    • e. The availability and capacity of existing and planned public and/or private services and facilities;

    • f. The need to shape and balance urban and rural development; and

    • g. The use of innovative development regulations and techniques.

  • (4) Provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution and soil erosion and sedimentation.

  • (5) Provide for the protection of the natural, historic, cultural and scenic character of the town.

  • (6) Provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources and open space.

  • (7) Provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

  • (8) Promote a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing.

  • (9) Provide opportunities for the establishment of low and moderate income housing.

  • (10) Promote safety from fire, flood and other natural and manmade disasters.

  • (11) Promote a high level of quality in design in the development of private and public facilities.

  • (12) Promote implementation of the town comprehensive plan.

  • (13) Provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond town boundaries or have a direct impact on the town.

  • (14) Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.

  • (15) Provide for procedures for the administration of this chapter, including, but not limited to, variances, special use permits and modifications.

  • (16) Promote sustainable development, including the redevelopment of existing structures and facilities in preference to new development.

(Amend. of 1-27-21)

For the purposes of this chapter, the following zoning districts shall be designated:

• • (1) Residential zoning districts. Residential zoning districts shall be as follows:

    R-80 Zone	The R-80 zone is intended for very low density areas comprised of agricultural uses and single household detached structures with a minimum density of 80,000 square feet per dwelling unit. The purpose of this very low residential density zone is to ensure both that areas of town without adequate infrastructure are not developed beyond their capacity and to preserve natural, historical and cultural resources of the town.
    R-40 Zone	This zone is intended for low density areas comprised of agricultural uses and single household detached structures with a minimum density of 40,000 square feet per dwelling unit. The purpose of this low residential density zone is to ensure both that areas of town without adequate infrastructure are not developed beyond their capacity and to preserve natural, historical, and cultural resources of the town.
    R-40W Zone	This zone is intended for low density residential areas comprised of single household detached structures in areas of town where there is a high probability of groundwater contamination because of proximity to a landfill or other contamination source, with a minimum density of 40,000 square feet per dwelling unit, where public water is required.
    R-20 Zone	This zone is intended for medium density residential areas previously lacking infrastructure and already developed to this density, or currently undeveloped and lacking infrastructure, comprised of single household detached structures with a minimum density of 20,000 square feet per dwelling unit.
    R-15 Zone	This zone is intended for medium density residential areas comprised of single household detached structures with a minimum density of 15,000 square feet per dwelling unit where public sewer and/or public water are provided.
    R-10 Zone	This zone is intended for high density residential areas comprised of single household and two-household structures with a minimum density of 10,000 square feet per dwelling unit where public sewer and/or public water are provided.
    R-10SW Zone	This zone is intended for high density residential areas comprised of single household and two-household structures in areas of town where there is a high probability of groundwater contamination because of proximity to a landfill or other contamination source, with a minimum density of 10,000 square feet per dwelling unit where public sewer and public water are required.
    R-8 Zone	This zone is intended for high density residential areas comprised of single household and two-family household structures with a minimum density of 8,000 square feet per dwelling unit.
    R-6 Zone	This R-6 zone is intended for high density residential areas comprised of single household, two household, and multi-household structures with a minimum density of 6,000 square feet for the first dwelling unit and 4,000 square feet per additional dwelling unit where public sewer and public water are required.

 

• • (2) Commercial zoning districts. Commercial zoning districts shall be as follows:

    LB Zone	Limited business. This zoning district is intended for mixed use including neighborhood commercial areas that primarily serve local neighborhood needs for convenience, retail services and professional office establishments, as well as high density multi-household residential use.
    GB Zone	General business. This zoning district is intended for commercial areas that serve town-wide and regional commercial needs for retail services, and professional office establishments.
    D Zone	Downtown. This zoning district is intended for the preservation of downtown commercial areas.
    MMU Zone	Metacom mixed use. This zoning district is intended for designating key areas along the Metacom Avenue (Rt. 136) corridor for focused development or redevelopment in dense mixed-use zones to help create a sense of place and order and encourage the expansion of business use areas on the first floor of buildings with residential on the upper floors which creates vibrant, walkable neighborhoods well served with appropriately scaled retail, services, and other commercial development.

 

• • (3) Industrial zoning districts. Industrial zoning districts shall be as follows:

    M Zone

    Manufacturing. This zone is intended for general industrial uses that accommodate a variety of manufacturing, assembly, storage of durable goods and related activities, provided that they do not pose toxic, explosive or environmental hazard in the town.

 

• • (4) Open space zoning district. The open space zoning district shall be as follows:

    OS Zone

    Open space. This zone is intended for the preservation of open space in the town. A large-scale, ground-mounted solar photovoltaic facility on town-owned land that is a closed and capped landfill, or on a remediated and restricted contamination site or a contaminated site pending remediation, in the OS zone shall be considered consistent with this purpose.

 

• • (5) Waterfront zoning district. The waterfront zoning district shall be as follows:

    W Zone

    Waterfront. This zone is intended for mixed use residential, commercial, and limited industrial use along the downtown waterfront with an emphasis on preservation, economic development, recreation, and open space.

 

• • (6) Educational-institutional zoning district. The educational-institutional zoning district shall be as follows:

    E-I Zone

    Educational institutional. This zone is intended for college/university facilities to be used in a planned manner while protecting surrounding cultural, historic and environmental resources.

 

• • (6.5) Historic preservation and conservation zoning district. The historic preservation and conservation zoning district shall be as follows:

    HPC Zone

    The purpose of the HPC zone is to preserve and protect the existing uses of historic properties of importance to the town; and to allow them to be used in a planned manner and permit certain minimal additions to those existing uses; while protecting and preserving the cultural, historic and environmental resources of the property and the town.

 

• • (6.6) Public institutional zoning district. The public institutional zoning district shall be as follows:

    PI Zone

    The purpose of the PI zone is to preserve and protect the existing institutional uses of town owned property.

 

• • (6.7) Agricultural zoning district. The agricultural zoning district shall be as follows:

    AG Zone

    The purpose of the AG zone is intended to zone those properties where there is a conservation easement limiting the use to farming operations only. Uses and dimensional regulations are parcel based per individual conservation agreements.

 

• • (7) Special zones. Special zones shall be as follows:

    Historic district overlay zone	This overlay zoning district is intended to preserve the heritage of the town by placing additional design standards for buildings or other structures and lots, either within an historic district, or designated as an individual historic district.
    Residential cluster overlay zone	This overlay zoning district is intended to allow clustering of dwelling units while promoting the conservation of agricultural use, open space or other resources of natural, cultural or historic significance.
    Resource conservation and creative development overlay	The intent of this overlay zoning district is to require the clustering of dwelling units so that they are located out of agricultural areas, areas of cultural or historic significance; and sensitive natural areas which might otherwise be lost under conventional development. Limited commercial uses designed to serve the needs of the residents and reduce the need for automobile travel may also be permitted.
    Flood hazard overlay zone	This overlay zoning district is intended to protect the floodplain areas in Bristol by placing additional review, construction, and design standards on development in the floodplain.
    Urban rehab LDP overlay zone	Rehab land development project. This zone is intended to encourage the rehabilitation and reuse of deteriorated, underutilized and inefficient historic and/or nonconforming structures of conservation concern to the town.
    Route 136 (Metacom Avenue) overlay zone	This overlay zone is intended to provide for high quality development, mitigation of traffic impacts, protection of residential uses, and preservation of scenic resources along Metacom Avenue by placing additional review criteria and design standards on development in this area.

 

(Ord. No. 2019-07, 6-26-19; Amend. of 1-27-21)

The official zoning map of the town shall consist of an official zoning map in the office of the town clerk entitled, "Town of Bristol, Rhode Island Official Map of Zoning Districts", dated October 25, 2006 as amended and shall depict all zoning districts and overlay zoning districts. The "Town of Bristol, Rhode Island Official Map of Zoning Districts" shall constitute the official zoning map of the town and is hereby adopted and made part of this chapter.

Where uncertainty exists as to the boundaries of the zoning districts as shown on the official zoning map, the following rules shall apply:

• • (1) Zone boundaries are generally intended to coincide with lot lines;

  • (2) Land hereafter created by the filling or change of level of water bodies shall assume that zone of adjacent land.

• (a) Conformance with permitted uses. No building or structure shall be erected, reconstructed, enlarged or moved for any use other than that which is permitted in the zone in which such building, structure or land is located. Nor shall any building, structure or land be used for any use other than is permitted in the zone in which it is located.

• (b) Dimensional conformance. No new lot shall be created nor shall an existing lot be reduced or diminished except in conformance with the dimensional requirements of this chapter. Nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this chapter.

It shall be the duty of the zoning enforcement officer to interpret and apply the provisions of this chapter and the official zoning map. Such interpretation and application shall be subject to appeal to the zoning board according to the provisions of article XI of this chapter.

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2) ---

Cross reference— Administration, ch. 2.

The town clerk shall be the custodian of this chapter and zoning maps created thereunder. The director of community development shall be responsible for maintenance and update of the text and zoning map comprising this chapter. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized changes. The director with the planning board shall be responsible for review of this chapter annually, and whenever changes are made to the comprehensive plan of the town, to identify any changes necessary and forward these changes to the town council.

• (a) Printed copies of this chapter and maps shall be available to the general public through the town clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.

• (b) Upon publication of this chapter and map(s), and any amendments thereto, the town clerk shall send a copy, without charge, to the state law library.

(Amend. of 1-27-21)

• (a) Any application for development under this chapter, including an application for a building permit, special use permit, variance, planned development, or land development project, shall be deemed substantially complete when all required documents for the initial application, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this chapter or by rules adopted and published by the permitting authority, prior to the time the application is filed.

• (b) Any application for development under this chapter that is substantially complete prior to the enactment or amendment of this chapter, shall be reviewed according to the regulations applicable in the chapter in force at the time the application was submitted. If such application is approved, the applicant must begin construction or exercise the right granted in the application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval.

The director of community development shall be the officer to receive a proposal for adoption, amendment or repeal of the provisions of this chapter or the zoning maps. At the request of the director or the persons presenting the proposal, a preapplication meeting may be held to discuss the proposed amendment. Immediately upon receipt of such proposal, the director shall refer such proposal to the town council and the planning board for study and recommendation.

• • (1) Planning board review. The planning board shall seek the advice of the community development department and shall report to the town council within 45 days after receipt of the proposal, giving its findings and recommendations. In its findings and recommendations to the town council, the planning board shall:

    • a. Include a statement on the general consistency of the proposal with town's comprehensive plan, including the goals and policies statements, the implementation program, and all other applicable elements of the comprehensive plan; and

    • b. Include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in section 28-2.

Where a proposal for adoption, amendment or repeal of the provisions of this chapter or the zoning map is made by the planning board, then the requirements for study by the planning board may be waived, provided that the proposal by the board includes its findings and recommendations as prescribed above.

• • (2) Town council hearing. The town council shall hold a public hearing within 65 days of receipt of proposal, giving proper notice as prescribed in section 28-52. The town council shall render a decision within 45 days after the date of completion of the public hearing. The town council may not make any decisions that are inconsistent with the findings of the planning board, unless the council makes their own findings of facts present in the record, that the findings of the planning board are in clear error or clearly exceed their authority. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

• (a) No provision of this chapter shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the town at least once each week for three consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice shall be mailed, to the parties specified in subsections (b) through (f) of this section, at least two weeks prior to the hearing. The same notice shall be posted in the town clerk's office and one other municipal building and shall be accessible on the home page of the town's website at least 14 days prior to the hearing. The notice shall:

  • (1) Specify the place of the hearing and the date and time of its commencement;

  • (2) Indicate the provisions for adoption, amendment or repeal of this chapter that is under consideration;

  • (3) Contain a statement of the proposed amendments to this chapter that may be printed once in its entirety, or summarize or describe the matter under consideration;

  • (4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

  • (5) State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of the hearing.

• (b) Where a proposed general amendment to the existing provisions of this chapter includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.

• (c) Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the town. The notice shall be given at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (a). If the zoning ordinance contains an existing merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots. The notice shall be sent by first-class mail and the sender of the notice shall submit a notarized affidavit to attest to such mailing.

• (d) Where a proposed amendment to an existing provision of this chapter includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in subsection (a) of this section, with the additional requirements that:

  • (1) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and town boundaries where appropriate; and

  • (2) Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within 200 feet of the perimeter of the area proposed for change, whether within the Town of Bristol or within an adjacent town (Warren) in which the property is located. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town; provided for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

• (e) Notice of a public hearing shall be sent by first class mail to the town council of any town to which one or more of the following pertain:

  • (1) Which is located within 200 feet of the boundary of the area proposed for change; or

  • (2) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

• (f) Notice of a public hearing shall be sent to the governing body of any state or municipal water department agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use, as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water company has filed with the director in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

• (g) No defect in the form of any notice under this section shall render an ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

• (h) Costs of newspaper and mailing notices required under this section shall be borne by the applicant.

(Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23)

• (a) In granting an amendment to this chapter, notwithstanding the provisions of RIGL § 45-23-37, the town council may limit the change to one or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including, without limitation:

  • (1) Requiring the petitioner to obtain a permit or approval from any and all federal, state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;

  • (2) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or

  • (3) Those relating to the use of the land, as it deems necessary.

• (b) The director of community development shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, however, in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning map until the zone change has become effective.

• (c) If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the town council may, after notice and a public hearing as herein before set forth, change the land back to its original zoning use before the petition was filed.

An appeal of the enactment of or an amendment to this chapter may be taken to the Superior Court for Providence and Bristol Counties by filing a complaint within 30 days after such enactment or amendment has become effective. The complaint shall set forth with specificity the area in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the town, or by any association of residents or landowners of the town. This appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

The regulations set forth in this article shall be minimum regulations and shall apply to each class or kind of structure or land.

• (a) Generally. The following permitted use table is designed to regulate land uses in the various zoning districts in town.

  • (1) Permitted uses are denoted with a "Y" for Yes;

  • (2) Uses not permitted are denoted with an "N" for No; and

  • (3) Uses permitted only upon approval of the zoning board are denoted with an "S" for a special use permit. Uses permitted by special use permit for which there are specific standards are further denoted with an asterisk (*).

• (b) Prohibited uses and uses not listed. To the extent a proposed land use is not specifically listed, an applicant may submit a written request to the zoning enforcement officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning enforcement officer will have 30 days to provide a written response. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. Unlisted uses that are deemed not similar to a listed use requiring a special use permit shall be deemed prohibited. Any number of uses may be located on a lot provided each use is permitted in that district and all other requirements of this chapter are met.

• (c) Permitted uses in special zones and overlay zones. Other uses are permitted or prohibited in special zones and overlay zones. (See article IX of this chapter.)

• (d) Permitted use table. The permitted use table shall be as follows:

Table A. Permitted Use Table

 

Notes:

* See special use standards in section 28-150.

• • † In the W (waterfront) zone, other than for single, two-family, three-family, four-family dwellings or in an urban rehab land development project; retail business, office uses, marine trades industries, restaurants, cafes, and/or delis are required on the first floor within 50 feet of the front lot line.

  • †† See section 28-356 et seq. for additional language regarding accessory uses in the HPC zone.

  • ††† See section 28-150(e) et seq. for standards regarding the keeping of chicken hens.

See sections 28-150(h) and 28-281 for formula business (as defined in section 28-1) in the historic district zone which also require a special use permit.

• • (1) Two household dwellings may be permitted in the R-15 and R-20 zoning districts provided that at least one unit is deed restricted as an affordable housing unit under the Low to Moderate Income Housing Act.

  • (2) On state-owned land.

  • (3) Except as provided per section 28-153, home occupations.

  • (4) Only if not within 200 feet from a residential zone or residential use.

  • (5) Not more than one prefabricated relocatable steel building, box trailer or shipping or cargo container shall be permitted as of right for a single period of no longer than 60 days as a temporary use of any property by the property owner. The temporary use must first be approved by a permit from the building official and zoning enforcement officer to ensure compliance with standards of section 28-150(i). During that 60-day period, a property owner may apply to the zoning board for a special use permit to maintain the structure for an extended period of time.

  • (6) See chapter 10, article V of the Bristol Town Code for additional regulation of outdoor wood boilers.

  • (7) One dwelling for a caretaker may be constructed if the property has more than 20 acres.

(Ord. No. 2013-15, 10-9-13; Ord. No. 2015-15, 12-16-15; Ord. No. 2017-03, 4-26-17; Ord. No. 2018-12, 7-11-18; Ord. No. 2018-18, 2-6-19; Ord. No. 2019-07, 6-26-19; Amend. of 1-27-21; Ord. No. 2022-12, 11-16-22; Ord. No. 2023-15, 8-2-23; Ord. No. 2023-23, 12-6-23)

Dimensional regulations for residential zones shall be as set out in Table B.

Table B. Dimensional Table

 

** Structures in the flood zone over 25 feet above grade require a special use permit.

Note: A corner lot will have more than one (1) front line, all of which shall meet the front yard setback. The yard setback of one of the rear lot lines may be reduced to a side yard setback requirement.

• • (1) With public water.

  • (2) See also the following conditions for the R20SP zone:

* In the R-20SP zone minimum lot area may be reduced to 15,000 square feet if owner provides and pays for connection to public water and sewer on each lot. For any development in the R-20SP zone, the following additional conditions are required in accordance with the town council's change of zone approval:

• • • i. The owner of any lot located on the property must provide and pay for the engineering, design and installation of a road, including all drainage and gravel to service the lot and such improvements must comply with town standards then in effect, as a condition for issuance of a building permit.

    • ii. The owner shall remove all debris resulting from making such improvements and shall maintain the road in a useable and safe condition, as determined by the department of public works, during all phases of construction.

    • iii. Prior to the issuance of a certificate of occupancy, the owner shall pave the roadway in accordance with town standards for pavement, and loam and seed a ten-foot wide border on each side of the road as specified by the department of public works.

    • iv. The provisions and relief of section 22-28 of the Bristol Zoning Ordinance shall not apply to this R-20SP zone.

  • (3) With public sewer and water.

  • (4) Setbacks for accessory structures in residential zones are noted in subsection 28-142(d).

(Amend. of 1-27-21)

Dimensional regulations for commercial and industrial zones shall be as set out in Table C.

Table C. Dimensional Table

 

• ** Structures in the flood zone over 35 feet above grade require a special use permit.

  • (1) Residential uses within an LB or MMU zone shall conform to the dimensional regulations of the nearest residential zone. Where residential zones of different dimensional regulations are equidistant, the more restrictive dimensional regulations shall apply.

  • (2) In a multi-lot subdivision, the average lot size must be a minimum of 20,00 square feet. With prior planning board approval, some lot sizes may be reduced to a minimum lot size of 15,000 square feet, provided that:

    • a. The average of the contiguous lots on the street frontage shall be 20,000 square feet; and

    • b. The average size of all lots in the whole subdivision is 20,000 square feet or more.

  • (3) Single-household, two-household, and multi-household dwellings are not permitted in the GB zone.

  • (4) The planning board may allow up to a 25 percent reduction in frontage based on site conditions and/or road layout (i.e. on a lot fronting on a cul-de-sac, the frontage could be reduced, if deemed appropriate).

  • (5) The planning board may allow an increase in the maximum lot coverage by structures from 50 percent up to 70 percent provided that:

    • a. The first floor area is greater than 50,000 square feet; and

    • b. The front of the building includes masonry and landscaping of good design.

  • (6) There shall be a 25-foot planted buffer at the edge of the manufacturing district.

    • a. The buffer shall be maintained in either natural or landscaped state and shall include trees, shrubs, bushes, and/or other understory growth to mitigate the impact of the manufacturing development on the residential district.

    • b. The manufacturer or developer is required to discuss appropriate buffers with the director of community development.

    • c. The residential side of the buffer shall be defined with a split rail fence, picket fence, or stone wall. Chain link fences shall not meet the requirements of fencing and shall not be placed on residential zone boundaries.

    • d. If a chain link fence is necessary for the manufacturing facility, it shall be placed no less than ten feet from the residential zone boundary and within the buffer; however, access to the buffer for cleaning and maintenance shall be required.

The planning board may allow up to a 25 percent reduction in the distance from a residential zone boundary based on the site conditions and an increase in the size of the planted buffer. For each foot reduced in the distance from the residential zone boundary, the planted buffer shall be increased by one-half foot, to compensate for the increased impact on the residential district by the manufacturing use.

• • (7) One side yard may be reduced to 20 feet, provided that the sum of both side yards is 50 feet or more.

  • (8) See plan approved with the zoning amendment dated September 20, 2001.

  • (9) Maximum building height shall be on the front half of the parcel in areas where the Metacom mixed use zone abuts a residential zone. Building height to the rear of building shall not exceed 35 feet where adjacent to a residential zone.

(Amend. of 1-27-21)

Not more than one principal residential structure except where otherwise permitted herein shall be permitted on a lot.

• (a) Projections of window sills, cornices and other ornamental features may extend not more than two feet into a required yard. There shall be no overhangs over property lines, except that in the D, W, and R-6 zones such projections may extend up to one foot over the public right of way provided it receives approval from the ZEO.

• (b) Landscape features such as trees, fences (subject to section 28-146), poles, shrubs and terraces may be located in any yard.

• (c) A sign as permitted in article X of this chapter may be located in any yard.

• (d) A structure accessory to a permitted use in residential zones:

  • (1) Above ground structure (i.e. shed, garages, and above ground swimming pools) may cover no more than 25 percent of a required rear yard; shall not be located in a front yard; and shall not be located within six feet of a lot line.

  • (2) Below ground structures (i.e. inground swimming pools) may cover the entire rear yard provided that the outer edge of the structure is located at least six feet from a lot line; and may not be located in a front yard.

• (e) A handicap ramp built to meet the requirements of the Americans with Disabilities Act (ADA) may be located in any yard.

• (f) In residence districts the parking or storage of major recreation equipment, which includes transient trailers, pick-up campers, coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes, shall be regulated as follows:

  • (1) Only one transient boat, pick-up camper, coach motorized dwelling, tent trailer, or boat trailer may be parked or stored outside on any lot in a residence district provided that such equipment be not more than 40 feet in length.

  • (2) No such major recreation equipment, while parked or stored, shall be used for living, sleeping or house-keeping purposes for more than 30 days.

  • (3) Such recreation equipment must be six feet from any lot line.

  • (4) No major recreation equipment shall be stored out of doors in residence districts continuously, on a daily basis, for more than a ten-month period.

• (g) A deck may extend up to one-third of the way into the required rear yard and must meet all required side yard setbacks.

• (h) A porch may extend up to one-third of the way into the required front yard and must meet all required side yard setbacks.

(Amend. of 1-27-21)

Except in a residential zone, structures attached to a permitted building such as church spires, towers or belfries, flagpoles, radio or television antennae, chimneys, elevator bulkheads or silos may be erected up to 50 percent above the maximum zone height regulations.

Street vision clearance at corners. Except in the D zone, W zone, and LB zone, no building or structure shall be erected and no vegetation shall be maintained between a height of three feet and ten feet above the street level of the triangle formed by the two street lines and a third line joining points on the street lines 15 feet from the intersection. A street line is defined as the line separating the property from the street right-of-way.

See illustration:

Cross reference— Motor vehicles and traffic, ch. 16.

Sewage disposal facilities which are designed to leach wastes into the soil shall comply with the state department of environmental management and the state coastal resources management council (CRMC) regulations.

Cross reference— Boats, docks and waterways, ch. 8; sewers and sewage disposal, ch. 22.

• (a) It shall be unlawful for any person to install, erect, construct, relocate or alter a fence within the town without first obtaining a permit from the building inspector. No permit shall be issued if the building official determines that the proposed fence does not meet the requirements of this section. A sketch or design of the proposed fence including a description of materials to be used and specification of height shall be submitted with the application for a permit.

• (b) Height requirements. A fence shall not exceed the following height:

  • (1) The maximum height of a fence is four feet in the front yard set back area of the zone the property is located in. Corner lots and through lots will have more than one front lot line.

  • (2) The maximum height of a fence is three feet for fences located adjacent to a driveway on either the property or abutting property and for a distance of ten feet from the road so as not to obstruct the clear view of traffic or pedestrians. Except however, this height restriction shall not apply to fences in which the design or construction of the fence allows clear visibility threw the fence and does not create a safety hazard to traffic or pedestrians.

  • (3) The maximum height of a fence located in all other areas is six feet, except as approved by the planning board as part of a subdivision or development plan approval.

  • (4) Fence poles placed a minimum of seven feet apart may exceed the maximum fence height by ten inches.

• (c) It shall be unlawful for any person to erect, install, or maintain a fence or hedge which obstructs the public right-of-way or obscures clear view of traffic in intersections or driveways which creates a safety hazard to pedestrians or vehicular traffic. Except, it shall be lawful to keep and maintain a fence which is considered historic, provided appropriate mirrors, lights, reflective devices, signs or other means are installed to warn of a possible obstruction to pedestrians or vehicular traffic.

• (d) All partition fences shall run on the dividing line, and the owners shall have the right to place one-half of the width thereof on the land of each adjoining proprietor. The fences shall be kept up and maintained in good order through the year, unless the parties concerned shall otherwise agree (RIGL § 34-10-9).

• (e) The finish side of the fence shall face the abutting property or the road.

• (f) Unless otherwise provided, the building official shall be the fence viewer.

• (a) Generally. No parabolic or dish-type antenna over one meter in diameter, no wireless telecommunications antenna and no wireless telecommunication facility shall be erected, constructed, altered or maintained on any lot within the town without complying with the terms of this section.

• (b) Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Co-location means locating wireless telecommunication antennae and equipment from more than one provider on a single tower or structure at a single site.

Line of sight means the unobstructed view required for antennae to obtain signals, whether from satellite or other antennae.

Parabolic or dish-type antenna means any concave, circular or dish-shaped device designed for receiving communications or television signals from a satellite.

Usable satellite signals means satellite signals, from the major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

Wireless telecommunication antenna means a device used in communications which transmits and/or receives telecommunications signals defined as "personal wireless services" under 47 USC 332(c)(7)(C)(i), and as authorized by the FCC. This shall not include radio or television broadcast antennae.

Wireless telecommunication facility means a land use facility supporting antennas and which may include microwave dishes, defined as "personal wireless service facilities" under 47 USC 332(c)(7)(C)(ii). Such facilities include structures or towers, and accessory buildings and equipment.

Wireless telecommunication tower means towers intended to support antennae and equipment used to transmit and/or receive wireless telecommunication signals as defined in this subsection, including lattice towers, guyed towers, monopoles or other tower-type structure.

• (c) Permitted use. Antennae shall be allowed as a permitted use as follows:

  • (1) Antennae location. Subject to the provisions contained in this section, all parabolic or dish-type antennae shall be permitted only in the rear of any lot. Parabolic or dish-type antenna less than one meter in diameter shall be permitted at any location.

  • (2) Antennae size. An antenna not exceeding ten feet in diameter and 12 feet in height shall be permitted in any lot.

  • (3) Antennae screening and safety. Antennae screening and safety shall be provided as follows:

    • a. Each antenna shall be permitted on a lot if such antenna is set back from all property lines at least 15 feet and is screened from view by a six-foot high wood or masonry fence or by natural plants or trees of equal minimum height, so planted as to provide maximum screening, provided that such fence, plants or trees be situated at a distance far enough from the antenna to provide a full line of sight to enable the reception of usable satellite signals.

    • b. For an antenna having a motorized mount, the sound of the motor shall not be audible at the property lines.

    • c. All wiring and connections shall be installed underground.

    • d. Every antenna must be adequately grounded for protection against a direct strike of lightning.

  • (4) Wireless telecommunication antennae. Wireless telecommunication antennae and accessory switching equipment and emergency generators shall be permitted as an accessory use to any existing structure, provided that:

    • a. The overall height of the antennae and the structure do not exceed the maximum height limits of the zone in which the structure is located.

    • b. The antennae and accessory equipment and generator comply with all other applicable zoning requirements and building codes.

    • c. The antennae comply with applicable FCC and FAA regulations.

    • d. Appropriate disguising of the antennae and appropriate landscaping and screening shall be provided, pursuant to review by the technical review committee of the planning board, under article VI of this chapter.

• (d) Permitted by special use permit. Parabolic and dish-type antennae shall be permitted by special use permit as follows:

  • (1) Subject to the provisions of this section, the zoning board of review may grant, upon application, a special use permit for parabolic and dish-type antennae if the applicant shows to the satisfaction of the board that the requirements of this section either:

    • a. Are not designed to meet a reasonable and clearly defined health, safety or aesthetic objective; or

    • b. Impose unreasonable limitations on, or prevent the reception of usable satellite signals by the applicant's parabolic or dish-type antenna; or

    • c. Impose costs on the applicant that are excessive in light of the purchase and installation cost of the equipment.

  • (2) In granting the special use permit, the board shall limit the relief to the minimum needed to meet the aforesaid criteria. If the applicant seeks relief from more than one of the requirements of this section, the applicant may request all relief in one hearing and need not seek a separate hearing for each requirement at issue.

  • (3) In making its determination on such application, the board shall consider the following:

    • a. Location. If usable satellite signals cannot be received in the rear yard of the applicant, then the antenna may be placed elsewhere on the property in the following order of preference: The side yard, the back of the roof, the front yard and the front of the roof.

    • b. Screening and safety. In considering an application for a special use from the screening and safety requirements, the board shall consider the proximity of neighbors, the size of the lot, the amount of fence or shrubbery required and the cost of implementing the screening and safety measures.

  • (4) Where the aforesaid special use criteria of this section conflict with the special use permit criteria of section 28-409, this section shall apply.

• (e) New wireless telecommunication towers. New wireless telecommunication towers shall be permitted through special use permit and subject to the requirements of subsection 28-150(d) and section 28-409.

• (a) Where adjacent to a residential zone, open-air storage shall be separated from all adjoining property or streets by an opaque fence or a compact evergreen screen not less than six feet in height.

• (b) Open-air storage or wrecking of junk, scrap or salvage material shall be screened from all neighboring property by an opaque fence or a compact evergreen screen not less than six feet in height. No such materials shall be piled higher than the required screening.

• (c) When an existing outdoor storage area is located within a groundwater area of GAA or GA groundwater quality (as depicted on RIDEM Groundwater Facility Inventory, dated June 26, 1991 and on RIDEM Wellhead Protection Areas map, dated February 22, 1993 and as amended) the following health and safety standards shall apply:

  • (1) Disassembly operations must be conducted on a paved area. Compliance with this item is required within three years. September 20, 2001 being the date of adoption of this chapter.

  • (2) Disassembly operations must be conducted within an enclosed storage area, with proper on-site drainage so that the groundwater is not impacted. Compliance with this item is required within five years from September 20, 2001 being the date of adoption of this chapter.

• (a) Special use permit required. Earth removal as a principal use, initiated subsequent to December 19, 1963, or the lateral extension of existing earth removal operations beyond the existing physical or geographic limits of the lot, parcel or tract or portions thereof being so used, shall not be conducted without a special use permit for such operation having first been issued to the operator as provided in this section.

• (b) Contents and issuance of permits. Upon the concurring vote of four members of the zoning board of review, and the filing of a surety bond as provided in this section, the building official shall issue a permit to the applicant. All permits shall contain the condition of issuance provided in subsection 28-149(d) of this section.

• (c) Contents of application. All applications shall be filed in triplicate and shall show existing site conditions and provide a detailed plan of operations by inclusion of the following maps, plans and specifications:

  • (1) Existing site conditions. A topographical map, showing elevations on a 50-foot grid on a map drawn to a scale of 50 feet per inch. A location map, drawn to a scale of 100 feet per inch, indicating all rights-of-way, highways, public roads and easements, whether improved or unimproved, as recorded within the lot, tract or parcel and within 500 feet beyond the property line of the lot, tract or parcel in which the earth removal is proposed, and indicating all buildings, structures and utility installations within 500 feet beyond such lot, tract or parcel line.

  • (2) Plan of operations. A topographical map, showing elevations on a 50-foot grid on a map shown to a scale of 50 feet per inch showing the following:

    • a. The proposed amount and extent of the earth removal;

    • b. Proposed truck access to the removal area;

    • c. Details of the regrading and revegetation of the site at the conclusion of operations;

    • d. The proposed grade and drainage of the site at the conclusion of operations;

    • e. The routes for the moving of vehicles and trucking of materials on the site;

    • f. Points of egress and ingress for trucks and other vehicles from and to the site; and

    • g. The routes for trucks and other vehicles between the site and a highway.

  • (3) List of property owners. A list of property owners, determined from public record, within 300 feet of the property in question if in R-80, R-40, GB, or M zones, or within 200 feet if in R-10, R-6 or LB zones shall also accompany the application.

• (d) Conditions of approval. The zoning board of review shall approve the granting of a permit only if it shall be satisfied that the following conditions will be complied with; and should approval be given, these provisions shall become conditions of approval:

  • (1) The premises shall be excavated and graded in conformity with the plan as approved.

  • (2) No screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises unless located within a manufacturing zone, and if so located no fixed machinery or processing equipment shall be erected or maintained within 200 feet of a residence district.

  • (3) No earth removal shall take place within 100 feet of any property line or of a street line if below the established grade of the street or 200 feet from a dwelling, whichever may be greater.

  • (4) At all stages or operations, sufficient drainage shall be provided to prevent the collection and stagnation of water; to prevent any silt, erosional debris or other loose material from filling any existing drainage courses or encroaching on state or city roads or streets; and to prevent flooding or erosion of surrounding property.

  • (5) All operational access roads within the premises shall be provided with a dustless surface.

  • (6) Prior to rehabilitation of the premises, all excavations or pits of more than three feet in depth and having a slope steeper than three to one (horizontal to vertical) shall be guarded by a fence not less than three feet in height, which shall be of a type of construction such that there shall be no holes or gaps therein larger than four inches square.

  • (7) Taking into consideration the size of the premises, its proximity to other established uses and the nature of such other uses, and after receiving the recommendations of the building official relative thereto, the zoning board of review shall establish hours during which operations may be conducted, and shall establish a maximum allowable quantity for storage of disturbed earth upon the premises, and shall designate a type of covering or protection sufficient to prevent the nuisance of wind-blown dust.

  • (8) When earth removal operations are completed, the premises shall be graded and drainage established as provided in the approved plan so that no gradients in disturbed earth shall be steeper than a slope of ten to one (horizontal to vertical). A layer of arable top soil of a quality approved by the department of public works, shall be spread over the excavated area, except for those areas consisting of exposed rock surfaces, to a minimum depth of four inches in accordance with the approved plan. The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and the building inspector has certified that the area covered by the permit has been rehabilitated as provided herein.

• (e) Performance bond. Prior to the issuance of a permit the applicant shall file with the building official a bond with corporate surety insuring the applicant's performance of operations in compliance with the approved plan of rehabilitation and in accordance with this section. The amount of such bond shall be established by the building official and shall be an amount sufficient to insure completion of site rehabilitation.

• (f) Duration of permits. The zoning board of review may approve the granting of permits for a duration of either one year or two years, and in no event for a duration of more than two years from date of issuance, except as provided in subsection 28-149(h) of this section. The expiration of a permit shall not affect the obligation of the former holder thereof to comply with all conditions of such permits' issuance.

• (g) Revocation of permits. The building official may revoke any permit for a breach of any of the conditions of its issuance. The revocation of a permit shall not affect the obligation of the former holder thereof to comply with all conditions of such permits' issuance.

• (h) Application for change of plan of operations, extension of duration or conditions of issuance. The person to whom any permit has been issued, may make application for a change in the approved plan of operations, for change of the conditions of issuance and for an extension of the duration of the permit. Applications for extension of duration, change of plan of operations or conditions of issuance shall be made in the same manner and subject to the same provisions as original applications; except, that the applicant need show in detail only such changes as are sought. In the case of applications for extension of duration the application may be granted if the holder of the permit shows that the operations for which the permit was issued have been carried on continuously and in good faith and will not be completed, and that all conditions applicable at the time the application for extension is made have been complied with.

Applications for a change of plan or conditions shall be considered in the same manner and subject to the same provisions as original applications and may be granted; provided, that in addition to the requirements for original approval the applicant for extension shall show that all conditions applicable at the time the application for a change is made have been complied with.

• (i) Certification of rehabilitation and cancellation of surety bond. Upon application of the holder of a permit to the building official for a certificate of site rehabilitation, the building official shall refer the matter to the zoning board of review for decision. Prior to decision the zoning board of review shall receive the recommendation of the building inspector and shall hold a public hearing. After receipt of such recommendation and public hearing, the zoning board of review may grant approval for the issuance of such certificate. The issuance of a certificate of the rehabilitation shall constitute a release of the obligations imposed under the issued permit and the surety bond applicable thereto.

• (a) Special use permit standards for gasoline service stations and gasoline sales. Gasoline service stations and gasoline sales shall be permitted as a special permit use subject to the requirements of section 28-409, and only when all of the following requirements are also met:

  • (1) Lot requirements.

    • a. Minimum lot size shall be 10,000 square feet.

    • b. Minimum lot depth shall be 100 feet.

    • c. Minimum lot frontage and width shall be 100 feet.

    • d. No other principal uses may be located on the property.

  • (2) Requirements for service station buildings.

    • a. Minimum setback from all street lines shall be 40 feet.

    • b. Minimum setback from all interior lot lines shall be 20 feet.

  • (3) Requirements for curb cuts.

    • a. Minimum distance between curb cuts shall be 20 feet.

    • b. Maximum width for any single curb cut shall be 25 feet.

  • (4) Requirements for other structures.

    • a. Minimum setback between pump islands, compressed air connections and similar equipment and any lot line shall be 20 feet.

    • b. Minimum setback between the canopy and the street line shall be 12 feet.

    • c. Minimum setback between any canopy and any interior lot line shall be 20 feet.

  • (5) Flood zones and groundwater protection areas.

    • a. Gasoline service stations and gasoline sales shall not be permitted in an A or V zone (as depicted on FEMA flood insurance rate map of the town, dated June 1, 1983 and as amended).

    • b. Gasoline service stations and gasoline sales shall not be permitted in a groundwater area of GAA or GA groundwater quality (as depicted on RIDEM Groundwater Facility Inventory, dated June 26, 1991 and on RIDEM Wellhead Protection Areas Map, dated February 22, 1993 and as amended).

  • (6) Requirements for underground tanks. Requirements for underground tanks shall be as follows:

    • a. Maximum storage capacity for petroleum products shall be 42,000 gallons.

    • b. Minimum separation distance required between underground tanks, adjoining buildings and property lines shall be ten feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.

  • (7) Requirements for repairing and washing vehicles. Requirements for repairing and washing vehicles shall be as follows: Repairing shall be limited to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune-ups and similar type work, and must be conducted wholly within a building. Repair work shall not include any body work. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on-site with no run-off onto the public right-of-way. All outdoor activities shall be screened from an adjoining R zone by a six-foot high compact evergreen screen or tight board fence.

• (b) Special use permit standards for religious structures in residential zones. Churches, synagogues and other religious structures shall be permitted as a special permit use in residential zones, subject to the requirements of section 28-409, and only when all of the following requirements are also met:

  • (1) The lot size shall meet the minimum lot size for the zone in which the use is located, provided however, that in the R-15, R-10 and R-6 zones the minimum lot size shall be 20,000 square feet.

  • (2) Sufficient off-street parking shall be provided to meet the requirements of article VIII of this chapter. Parking shall be on the side and/or rear of the building.

  • (3) The off-street parking area shall be designed so that no vehicle must back out onto a street. The maximum width for any single curb cut shall be 25 feet, and if more than one curb cut is provided, the minimum distance between curb cuts shall be 20 feet.

  • (4) The structure shall be designed so as to be appropriate to the neighborhood in which it is located. The structure need not look like a residence, but it shall be constructed of materials and of a scale that is in keeping with the surrounding neighborhood.

  • (5) Appropriate landscaping and lighting may be required by the board, in order to screen and buffer the use from the surrounding neighborhood.

  • (6) There shall not be a substantial threat to the public safety from traffic. However, an increase in the quantity of traffic alone shall not be sufficient for the board to deny the special use. The board may require the applicant to provide a traffic study, done by a registered engineer, before granting the special use.

• (c) Special use standards for drive-thru uses. Drive-thru uses, whether accessory or principal uses, shall be permitted as a special permit use, subject to the requirements of section 28-409, when and only when all of the following requirements are also met:

  • (1) In addition to the parking, loading, and stacking requirements of article VIII of this chapter, there must be stacking spaces located on the parcel for a minimum of five vehicles waiting to exit the site.

  • (2) A sufficient number of stacking spaces for vehicles waiting for service must be provided in accordance with the following:

    • a. Fast-food restaurants—Ten vehicles;

    • b. Bank—Five vehicles at the first window plus two for each additional window;

    • c. Other uses without a menu board—Four spaces per window.

Stacking lanes shall not cross or pass through off street parking spaces. Where pedestrians will intersect with a drive-thru lane, crosswalks shall be provided with striping and/or alternative paving materials.

• • (3) A drive-thru window shall be properly located within the site's parking and circulation plan to avoid any effect on off-site vehicular or pedestrian traffic; and, in no case shall a drive-thru window be located on any front building facade which faces a primary street (i.e. Metacom Avenue, Gooding Avenue, Hope Street).

  • (4) A drive-thru window shall be provided with a bypass lane having a minimum width of ten feet.

  • (5) Drive-thru lanes shall be physically separated from off-street parking areas and shall be striped, marked, or otherwise, distinctly delineated.

  • (6) Drive-thru lanes shall be buffered against adjacent land use.

  • (7) Menu boards or other informational boards shall face away from public rights-of-way.

  • (8) The minimum lot area shall be no less than 40,000 square feet for a single-use building with a drive-thru use. This lot area requirement shall be exclusive of any other buildings or uses on the parcel.

• (d) Special use standards for wireless telecommunication towers.

  • (1) Wireless telecommunication towers shall be prohibited in any historic district except by a use variance by the zoning board of reviews as well as a certificate of appropriateness from the historic district commission.

  • (2) An application for a special use permit for a new wireless telecommunications tower shall only be accepted if all of the following requirements are met:

    • a. The applicant has supplied a definition of the area of service and indicated the current coverage capacity.

    • b. The applicant has supplied information showing that the proposed facility would provide the needed coverage and/or capacity.

    • c. The applicant has provided a map showing all sites, including alternative sites, from which the needed coverage could also be provided, indicating the zoning for all such sites.

    • d. The applicant has indicated how the site will be designed to accommodate future multiple users, and how many such users.

  • (3) The following standards shall apply to all applications:

    • a. The zoning board shall not regulate the placement, construction and modification of wireless telecommunication facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

    • b. The erection of the proposed facility will 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 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.

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

    • d. Wireless telecommunication towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts an historic district, the setback distance from such district shall be one and one-feet for each one foot of tower height.

    • e. All tower supports, accessory equipment and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance for the zoning district in which the tower is located.

    • f. 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.

• (e) Special use standards for raising of animals for profit or consumption, keeping of non-domesticated animals as pets, and, keeping of non-household domesticated animals.

  • (1) Keeping of non-domesticated animals and non-household domesticated animals are permitted in the rear yard only.

  • (2) The keeping of non-domesticated animals and non-household domesticated animals shall be by an owner-occupant of the property which shall consist of a minimum of one acre of lot area.

  • (3) Shelters and enclosures must be kept a minimum of 50 feet from all lot lines. However, the board may allow less than that if the abutting zone is other than residential or limited business.

  • (4) Non-domesticated animals and non-household domesticated animals are not allowed in a residence, porch or attached garage, or to run free.

  • (5) No more than three non-domesticated animals or non-household domesticated animals may be kept on any one property.

  • (6) Parcels qualifying as farms under the Rhode Island Department of Environmental Management (RIDEM) Farm, Forest, and Open Space Act are exempt from the provisions of subsection (2), above.

• (f) Special use standards for autobody and auto repair uses.

  • (1) Any person or firm doing auto repair or auto body work must have on-site leak-proof containers to store any drained oils, lubricants, or other hazardous materials;

  • (2) Owners must maintain and show to town officials, if requested, a file of who has removed these materials during the past year, with evidence that such removers are approved by the state. It is illegal to dispose of these materials on site, be it dumping on ground or into sewer, on-site storage, burning or otherwise, whether deliberately, accidentally, or by incremental leakage.

  • (3) Owners must maintain an active EPA ID# with the RIDEM as a hazardous waste generator and comply with all reporting requirements for same.

  • (4) All work areas must be on a hard, solid floor that is totally impermeable, is surrounded by curbing and does not have any holes or cracks.

  • (5) The operator or supervisor of employees must have a certificate of training approved by the state.

  • (6) Outdoor storage of disassembled vehicles, parts or chemicals must be conducted only in a screened area as shown on site plan.

  • (7) All outdoor work and storage areas must be screened by an opaque fence six feet high with a row of evergreens outside the fence.

• (g) Special use standards for propane tanks.

  • (1) Propane tanks must be located 200 feet from any residential zone or any residential use.

  • (2) Propane tanks may not be located in the front yard.

  • (3) Propane tanks are prohibited in an AE or V floodplain.

• (h) Special use standards for a formula business in the historic district zone.

  • (1) In addition to the standards set forth in subsection 28-409(c)(2), and in addition to any and all conditions imposed by the Bristol Historic District Commission in granting a certificate of appropriateness; in considering a special use permit to a formula business in the historic district zone, the board shall require that all of the following standards be met:

    • a. Approval of the formula business establishment will not alter the identity of the historic district zone in a way which detracts from its uniqueness or contributes to a nationwide trend of standardized downtown offerings;

    • b. Approval of the formula business establishment will contribute to a diverse and appropriate blend of businesses in the historic district zone;

    • c. Approval of the formula business establishment will complement those businesses already in the historic district zone and help promote and foster the local economic base as a whole.

    • d. The formula business establishment will be compatible with existing surrounding uses; has been designed and will be operated in a non-obtrusive manner to preserve the community's character and ambiance; and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites, including, but not limited to, the following:

      • 1. The size of any individual formula business shall not exceed 2,500 square feet of gross floor area.

      • 2. The street frontage of any individual formula business shall not exceed 65 feet in width.

      • 3. No drive thru windows shall be permitted.

      • 4. The applicant shall submit a plan indicating the provision for rubbish removal, including the dumpster location with proper screening and buffering so that there are not any substantial impacts to abutting properties.

      • 5. There shall not be a substantial impact to the public safety from increased traffic. At the discretion of the zoning board, the applicant may be required to submit a traffic study, prepared by a RI Registered Professional Engineer, approved by the board.

      • 6. There shall not be any impacts to the roadway or abutting properties from the loading area.

      • 7. Advertising, or anything with the corporate logo, may be forbidden to be displayed in the windows.

      • 8. No signs which are internally illuminated shall be allowed.

  • (2) Approval of the formula business establishment will be consistent with the policies and standards of the comprehensive plan and the historic preservation requirements contained in chapter 14 of the Town Code.

• (i) Special use standards for prefabricated relocatable steel buildings, box trailers or shipping or cargo containers (hereafter "storage containers"). The long-term use of storage containers is discouraged, and the zoning board shall only approve a special use permit for a clearly demonstrated hardship. A storage container special use permit shall expire two years from the date of issuance and may only be extended after reapplication to the zoning board. Containers, whether permitted as temporary structures or permitted by special use permit, shall be subject to the following standards:

  • (1) Containers must be located no closer than 25 feet from a lot line abutting a residentially zoned property or residential use.

  • (2) Containers may not be located in the front yard of any property.

  • (3) Containers may not reduce the amount of off-street parking required for the principal use of the property.

  • (4) Containers maintained on a property for more than 60 days must be screened by fence or hedge from public view from the road, unless the zoning board authorizes exception due to the industrial character of the area.

• (j) Special use standards for marine trade industries in W, GB and MMU zones.

  • (1) Purpose. It is the purpose of this section to promote and preserve Bristol's boat building heritage and marine trade industries, by allowing certain defined uses, "marine trade industries," in certain zones (W, GB, and MMU) outside of the traditional manufacturing (M) zone, pursuant to special use permit. Other than wooden boat building, which is a separately listed use code, actual boat building is not permitted. However, "lighter" industrial uses involving the marine trades, such as the design, fabrication, construction, maintenance, transport, and storage of other marine products, equipment, systems and parts, and the retail and wholesale sale of boats, are permitted with a special use permit. It is the further intent that marine trade industries uses in these zones shall not unreasonably interfere with existing or permitted residential uses.

  • (2) Retail sales. Retail sale only (without repair, service, storage, etc.) of marine related products and equipment is permitted as of right where other retail sales are permitted, while retail or wholesale sale of boats themselves (with or without repair, service, storage, etc.) in the W, GB and MMU zones requires a special use permit.

  • (3) Performance standards. The applicant for a special use permit shall be required to demonstrate, in advance, plans for conformance with section 28-155 (below) and the noise ordinance (chapter 10 of the Bristol Town Code), and in order to safeguard neighboring property uses, the zoning board may impose stricter standards than are set forth therein.

  • (4) Outdoor uses. The applicant shall specify on a plan the location and nature of any proposed outdoor uses, including the seasonal storage of boats and the display of boats for sale, and the zoning board may restrict such uses in area and duration, and require appropriate landscaping and buffering.

• (k) Special use standards for compassion centers and cannabis retailers/hybrid cannabis retailers.

  • (1) Compassion centers by special permit use in certain zones as set forth in Section 28, shall be subject to the requirements of subsection 28-409(c)(2), and all of the following additional requirements:

    • a. The application for a special use permit shall provide the legal name and address of the compassion center, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the compassion center. The application shall also include a site plan, which shall also 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 as described within this section.

    • b. 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.

    • c. 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.

    • d. The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

    • e. The compassion center must not be located within:

      • 1. One thousand feet from the nearest residential zoning district; or

      • 2. One thousand feet from the nearest house of worship, school, public or private park, playground, play field, youth center, licensed day-care center, or any other location where groups of minors regularly congregate; or

      • 3. Two thousand feet from any other compassion center.

    • f. The distances specified in the immediately preceding section (5) 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.

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

    • h. Lighting shall be required such that will illuminate the compassion center, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

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

    • j. Reserved.

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

  • (2) Cannabis retailers/hybrid cannabis retailers by special permit use in certain zones as set forth in Section 28, shall be subject to the requirements of subsection 28-409(c)(2), and all of the following additional requirements:

    • a. Pursuant to Section 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within 500 of a pre-existing public or private school providing education in kindergarten or any of grades one 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.

    • b. 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.

    • c. Reserved.

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

• (l) Special use standards for residential self storage as an accessory use in the manufacturing zone.

  • (1) The property must be improved with an existing manufacturing building(s) which is considered the principal use.

  • (2) The gross floor area of the residential self-storage building cannot exceed 25 percent of the total gross floor area of the manufacturing buildings on the property.

  • (3) The residential self-storage must be in a separate stand alone building.

• (m) Special use permit standards and conditions for installation of solar photovoltaic facilities on contaminated sites.

  • (1) In granting a special use permit, the zoning board of review, based on a recommendation from the planning board during its review, shall establish the amount of the parcel that may be covered by the contaminated site solar energy system, based on an assessment of the following:

    • a. The extent of contamination on the site for which the system is proposed;

    • b. The area of the parcel identified within the application materials as requiring disturbance or having been disturbed in the performance of remediation activities;

    • c. The area of the parcel on which an environmental land use restriction (ELUR) has been or will be placed;

    • d. For sites pending remediation, the cost of the proposed remediation actions, as identified in the "remedial approval letter," relative to the expected income to be generated by the energy system; and

    • e. The site topography, existing vegetative buffer(s), and the severity of any potential negative visual impacts to the neighborhood.

  • (2) In granting a special use permit for a contaminated site solar energy system, the zoning board of review must make the following findings of fact:

    • a. Permitting use of the parcel for a contaminated site solar energy system will:

      • 1. Allow remediation of a contaminated site by offsetting the cost of such remediation and allowing a beneficial use of the property to occur; or

      • 2. Allow an already disturbed property to be used for renewable energy generation, directing solar energy systems away from less desirable areas, such as forested areas and prime agricultural lands.

    • b. The size of the contaminated site solar energy system considers and is reflective of the size of the contaminated area, any land use restrictions placed on the site, the amount of disturbance necessary to remediate the contaminated area, the cost of remediation activities, and any potential negative visual impacts to the surrounding neighborhood.

• (n) Special use permit standards for nursery or greenhouse (commercial or nonprofit) with sales on premises.

  • (1) The on-site sales area shall be delineated on a site plan drawn to scale to show locations of merchandise sales and customer parking. All parking and merchandise pickup areas shall be on the subject property and not impede pedestrian or vehicular traffic on adjacent public streets.

  • (2) Outdoor sales areas shall be separate from customer parking areas with a physical barrier.

  • (3) Hours of operation for on-site sale shall be limited to between 10:00 am and 7:00 pm unless approved otherwise by specific use permit.

• (o) Special use permit standards for keeping of chicken hens.

  • (1) Chicken coops and runs are permitted in the rear yard only.

  • (2) Chicken coops and runs shall must be kept a minimum of 40 feet from all lot lines. However, the board may allow less than that if the abutting zone is other than residential or limited business.

  • (3) Chickens are not allowed in a residence, porch or attached garage, or to run free.

  • (4) One chicken hen is permitted per each 800 square feet of total lot area, up to a maximum of six hens on any lot.

  • (5) The owner of the hens shall be a resident of the dwelling on the lot.

  • (6) Roosters are prohibited. However, if the sex of a chick cannot be determined at hatching, a chick of either sex may be kept on the property for up to six months.

  • (7) All hens shall be confined between the hours of 9:00 p.m. and 8:00 a.m.

  • (8) All hens shall be provided with both a chicken coop and a fenced outdoor enclosure, subject to the following provisions:

    • a. The chicken coop shall provide a minimum of two square feet per hen.

    • b. An outside, enclosed run is permitted. The run should be no larger than 100 square feet, and it must be attached to the coop.

    • c. The chicken coop and fenced enclosure shall be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall be adequately lit and ventilated.

    • d. The chicken coop shall be designed to ensure the health and well-being of the hens, including protection from predators, the elements, and inclement weather.

  • (9) All manure shall be composted in enclosed bins.

  • (10) Slaughtering of chickens on-site is prohibited.

• (p) Special use permit standards for nursing home.

  • (1) Must have sufficient parking to meet minimum requirements of 28-252(6).

  • (2) Resident and visitor parking to be screened by fence or vegetation from neighboring residential uses.

  • (3) There shall be a designated drop off area for residents and visitors near an entrance to the building with a queuing area that does not block off-street vehicle parking spaces.

  • (4) Service and delivery entrances for cooking and maintenance facilities must be located a minimum 75 feet from adjacent residential properties.

  • (5) Service and delivery parking/loading areas must be separate from vehicle parking areas and located adjacent to facilities such as kitchen and maintenance garage entrances.

  • (6) A parking and circulation plan shall be provided showing safe circulation for vehicles and pedestrian with clearly marked crosswalks where appropriate.

  • (7) Nursing homes must have direct access from collector or arterial street and not a local neighborhood street.

  • (8) When adjacent to a residential use, the following conditions must be met:

    • a. A minimum of 25 feet of landscape buffer from adjacent residential; or a minimum of 15 feet of landscape buffer with a six-foot-tall solid fence

    • b. Building signage must face the right-of-way or an internal parking lot. Building signage cannot face any adjacent residential property. If the residential property is across a public right-of-way, building signage facing the property is allowed.

  • (9) Outdoor lighting must be fully shielded, hooded and cannot trespass onto any adjacent property.

• (q) Special use permit standards for congregate care facilities.

  • (1) Must have sufficient parking to meet minimum requirements of 28-252(6).

  • (2) Resident and visitor parking to be screened by fence or vegetation from neighboring residential uses.

  • (3) There shall be a designated drop off area for residents and visitors near an entrance to the building with a queuing area that does not block off-street vehicle parking spaces.

  • (4) Service and delivery entrances for cooking and maintenance facilities must be located a minimum 75 feet from adjacent residential properties.

  • (5) Service and delivery parking/loading areas must be separate from vehicle parking areas and located adjacent to facilities such as kitchen and maintenance garage entrances.

  • (6) A parking and circulation plan shall be provided showing safe circulation for vehicles and pedestrian with clearly marked crosswalks where appropriate.

  • (7) Congregate care facilities must have direct access from collector or arterial street and not a local neighborhood street.

  • (8) When adjacent to a residential use, the following conditions must be met:

    • a. A minimum of 25 feet of landscape buffer from adjacent residential; or a minimum of 15 feet of landscape buffer with a six-foot-tall solid fence

    • b. Building signage must face the right-of-way or an internal parking lot. Building signage cannot face any adjacent residential property. If the residential property is across a public right-of-way, building signage facing the property is allowed.

  • (9) Outdoor lighting must be fully shielded, hooded; and cannot trespass onto any adjacent property.

• (r) Special use permit standards for hotel. The following standards shall govern the development and/or operation of hotels:

  • (1) Kitchens, kitchenettes and other cooking facilities shall not be permitted within motel or hotel units except the manager's unit.

  • (2) All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel or shall be permitted uses or special permit uses within the zoning district in which the hotel or motel development is proposed.

  • (3) Integral accessory uses shall generally be limited to the following:

    • a. Meeting rooms.

    • b. Restaurant (excluding a formula food establishment as defined in article XIII) and dining facilities serving either guests exclusively or the general public, provided that no music or other objectionable noise shall be audible beyond the boundaries of the lot on which the use is constructed.

    • c. Recreational facilities, such as swimming pools and tennis courts for the provision of guests.

    • d. Small personal service/retail shops fully within the hotel or motel and selling newspapers, magazines, small gifts, and similar items; and

    • e. One apartment for the manager.

  • (4) The minimum setback for any structure, parking lot or other outdoor facility from any property line adjacent to a residential zoning district shall be 100 feet.

• (s) Special use permit standards for motel. The following standards shall govern the development and/or operation of motels:

  • (1) Kitchens, kitchenettes and other cooking facilities shall not be permitted within motel or hotel units except the manager's unit.

  • (2) All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel or shall be permitted uses or special permit uses within the zoning district in which the hotel or motel development is proposed.

  • (3) Integral accessory uses shall generally be limited to the following:

    • a. Meeting rooms.

    • b. Restaurant (excluding a formula food establishment as defined in article XIII) and dining facilities serving either guests exclusively or the general public, provided that no music or other objectionable noise shall be audible beyond the boundaries of the lot on which the use is constructed.

    • c. Recreational facilities, such as swimming pools and tennis courts for the provision of guests.

    • d. Small personal service/retail shops fully within the hotel or motel and selling newspapers, magazines, small gifts, and similar items; and

    • e. One apartment for the manager.

  • (4) The minimum setback for any structure, parking lot or other outdoor facility from any property line adjacent to a residential zoning district shall be 100 feet.

• (t) Special use permit standards for lodging/boarding house.

  • (1) Lodging/boarding houses must have an on-site manager on the premises when occupants are residing in the facility.

  • (2) Unless otherwise approved by the zoning board as part of the special use permit, the total occupancy of a lodging/boarding house shall be based on double occupancy of the approved number of bedrooms to be used for transient purposes. The zoning board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of the property.

  • (3) There shall be two parking spaces provided for use for the resident(s)/owner(s) and one additional parking space for each guest room. All parking shall be located on the parcel in which the lodging/boarding house resides. In addition to the general requirements and standards set forth in article VIII (off-street parking and loading regulations), parking areas shall also adhere to the following:

    • a. A solid wall or opaque fence not less than five feet nor more than six feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between a parking area(s) and an adjacent residential property.

    • b. Any light used to illuminate the parking area shall be arranged to reflect the light away from adjoining property and away from adjacent streets.

  • (4) No kitchen or cooking facilities shall be allowed in guestrooms.

  • (5) Outdoor livability space. At least 25 percent of the lot must be used for outdoor livability space such as lawns, gardens, and/or outdoor patios.

  • (6) No exterior additions or alteration shall be made for the express purpose of maintaining or adding to a lodging/boarding house, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are compatible with the character of the neighborhood and approved as part of the special use permit.

  • (7) The lodging and boardinghouse shall contain: One bathroom for every two bedrooms. One kitchen facility; and not over 75 percent of the heated floor area in use for sleeping quarters.

  • (8) The lodging/boardinghouse shall be located in a structure originally constructed as and adhering to the standards of a single-family dwelling.

  • (9) Operations. The lodging and boardinghouse shall be the permanent residence of the owner or the manager of the business; and permitted to contain home occupations and adhere to the additional standards outlined therefore (see 28-153 home occupations).

• (u) Special use permit standards for hospital.

  • (1) A certificate of need from the state department of health or condition of approval shall be submitted.

  • (2) Shall be so located to have at least one lot line abutting a major street. All ingress and egress to the site shall be directly onto said thoroughfare or a marginal access service drive.

  • (3) No building shall be located closer than 30 feet to a lot line.

  • (4) Service entrances shall be screened from the view of adjacent residential property.

  • (5) Height of any structure shall not exceed four floors.

  • (6) Minimum lot area shall be no less than five acres.

  • (7) No building or parking area shall be located closer than 50 feet to any side or rear lot line if adjacent to a residential use.

  • (8) No on-site incineration shall be permitted, and all chemical, radioactive and other medical waste shall be disposed of in accordance with applicable state and federal requirements.

• (v) Special use permit standards for drug and alcohol rehabilitation facility.

  • (1) A certificate of need from the state department of health or condition of approval shall be submitted.

  • (2) Drug and alcohol rehabilitation facilities shall have an on-site manager on duty at all times.

  • (3) There shall be a minimum of three off-street parking spaces. In authorizing construction of new structures, the zoning board may require sufficient yard area to be reserved as potential parking to facilitate conversion to a permitted use in the district, should the facility cease to operate.

  • (4) Site plan and property maintenance requirements. Existing structures shall meet all the minimum property maintenance and site plan requirements for licensing. Applications for new buildings shall include a site plan, floor plan and elevations.

  • (5) Approval of the site plan and/or special use permit shall specify compliance with the number of occupants. Violation of this condition shall result in a public hearing before the zoning board and shall be grounds for revocation of the special use permit.

  • (6) In reviewing an application for a special use permit, the zoning board shall consider the density of similar uses. In no case shall a drug and alcohol rehabilitation facility be permitted within 500 feet of another similar facility.

• (w) Special use permit standards for halfway house.

  • (1) Halfway Houses shall have an on-site manager on duty at all times.

  • (2) Halfway Houses shall have a minimum of three off-street parking spaces. In authorizing construction of new structures, the zoning board may require sufficient yard area to be reserved as potential parking to facilitate conversion to a permitted use in the district, should the facility cease to operate.

  • (3) Existing structures shall meet all the minimum property maintenance and site plan requirements for licensing. Applications for a new building shall include a site plan, floor plan and elevations.

  • (4) Approval of the site plan and/or special use permit shall specify compliance with the number of occupants. Violation of this condition shall result in a public hearing before the zoning board and shall be grounds for revocation of the special use permit.

  • (5) In reviewing an application for a special use permit, the zoning board shall consider the density of similar uses. In no case shall a halfway house be permitted within 500 feet of another similar facility.

• (x) Special use permit standards for day care facility with six or more persons.

  • (1) The applicant shall provide proof of state licensing.

  • (2) There shall be a designated drop-off area near an entrance to the building with a minimum two vehicle queuing lane that does not block vehicle parking spaces calculated as 25 percent of facility's enrollment capacity as determined by the licensing authority.

  • (3) The parking plan shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

  • (4) All outdoor activity areas are to be enclosed with fencing, a minimum of four feet high, provided that such fencing is to be solid and six feet in height on any property line abutting a residential use on an adjoining lot.

• (y) Special use permit standards for cemetery.

  • (1) No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except when a dense evergreen hedge or wall or landscaped strip at least six feet in height provides complete visual screening from all adjacent residential properties. Burial or memorial plots with headstones, monuments or other grave markers limited to less than six feet in height may be located as close as 25 feet to any residential property line. This provision shall apply to both new cemeteries and proposals for expansion of existing cemeteries.

  • (2) A cemetery shall be located so that the site has direct ingress from and egress to a major street or a minor street no more than 400 feet from its intersection with a major street.

  • (3) No building for a cemetery use shall be located closer than 30 feet to a lot line.

  • (4) Service buildings and entrances shall be screened from the view of adjacent residential property.

  • (5) No companion crematory shall be allowed.

• (z) Special use permit standards for museum, nonprofit.

  • (1) For a museum to be located in any residential district, the structure must have a direct link with an individual who inhabited the structure or event that transpired in the structure.

  • (2) The structure must remain residential in character and may not be altered in a way that detracts from the surrounding neighborhood and must meet all zoning district requirements.

• (aa) Special use permit standards for k-12 school.

  • (1) The applicant shall provide proof of state licensing as required.

  • (2) The site shall otherwise comply with landscaping requirements of this chapter.

  • (3) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 25 percent of facility's enrollment capacity as determined by the licensing authority.

  • (4) The use shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of four feet and a maximum of six feet in height. Shrubs a minimum of ten feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

  • (5) Parking shall be located in the side and rear yards of the property, behind the building(s) and parking plans shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).

• (bb) Special use permit standards for office of a professional.

  • (1) A professional office use may only be permitted in the M zone within a building that contains a permitted use. The professional office use shall not occupy more than 25 percent of the total gross floor area of the structure.

• (cc) Special use permit standards for bank.

  • (1) A bank use may only be permitted in the M zone within a building that contains a permitted use. The bank office use shall not occupy more than 25 percent of the total gross floor area of the structure.

• (dd) Special use permit standards for restaurant, cafe; or deli with or without liquor sales.

  • (1) When adjacent to a residential use, the following conditions must be met:

    • a. A minimum of 25 feet of landscape buffer from adjacent residential; or a Minimum of 15 feet of landscape buffer with a 6-foot-fence.

    • b. All building signage must face the right-of-way or an internal parking lot. Building signage cannot face any adjacent residential property. If the residential property is across a public right-of-way, building signage facing the property is allowed.

    • c. Operating hours are limited to 7:00 a.m. to 10:00 p.m., unless otherwise approved by special use permit.

    • d. Outdoor lighting must be fully shielded, hooded and cannot trespass onto any adjacent property.

• (ee) Special use permit standards for fast food restaurant.

  • (1) Hours of operation shall be compatible with adjacent uses and residential areas and to avoid the creation of any nuisance condition.

  • (2) The inclusion of accessory recreational facilities or similar amusement areas, including tot lots, video games and the like, as part of the fast-food establishment shall be strictly prohibited.

  • (3) The establishment shall not alter the identity of Bristol in a way which detracts from its uniqueness or contributes to a nationwide trend of standardized fast-food offerings.

  • (4) The establishment shall contribute to a diverse and appropriate blend of uses in the district and shall not be located within 500 feet of another fast-food establishment.

  • (5) The establishment shall complement the uses already located in the district and must help promote and foster the economic base as a whole.

  • (6) The establishment shall be compatible with existing surrounding uses and shall be designed and operated in a nonobtrusive manner to preserve the community's character and appearance.

  • (7) The establishment shall not create a substantial impact to the public safety from increased traffic.

• (ff) Special use permit standards for tavern/bar/nightclub.

  • (1) When adjacent to a residential use, the following conditions must be met:

    • a. minimum of 25 feet of landscape buffer from adjacent residential; or a minimum of 15 feet of landscape buffer with a 6-foot-fence.

    • b. All building signage must face the right-of-way or an internal parking lot. Building signage cannot face any adjacent residential property. If the residential property is across a public right-of-way, building signage facing the property is allowed.

    • c. Outdoor lighting must be fully shielded, hooded and cannot trespass onto any adjacent property.

• (gg) Special use permit standards for funeral home.

  • (1) The funeral home shall maintain the appearance and the building and site design characteristics of a residential dwelling.

  • (2) The funeral home shall be located on a single lot with no less than the minimum lot area specified for the zoning district.

  • (3) Off-street parking and its associated lighting shall be both screened by an intervening landform and/or natural vegetation from neighboring residential properties and located in a rear or side yard.

  • (4) No companion crematory shall be allowed.

• (hh) Special use permit standards for car wash.

  • (1) Car wash facilities shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum six feet in height. Shrubs a minimum of four feet in height at time of planting shall be planted linearly every ten feet on-center along such fence or wall.

  • (2) When a car wash facility abuts a residential use or zoning district, there shall be a 20 ft. setback from each such lot line abutting a residential use or zoning district.

  • (3) When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment.

  • (4) Trash receptacles shall be placed near all vacuum stations as applicable and at the entrance to the car wash entrance.

  • (5) Structures or equipment related to cleaning vehicles (car wash bays, vacuums, vending machines) must be located at least 50 ft. from the boundary of any residential zoning district, places of residence such as nursing homes or lodging establishment.

  • (6) Washing facilities must occur under a roofed area with at least two walls.

  • (7) Car wash facilities next to residential zoning districts, places of residence such as nursing homes and extended care facilities, and lodging establishments: Must be screened and buffered with solid fencing at least six feet in height to minimize impact on residential properties. May operate only between 7:00 AM and 9:00 PM. Cannot have loudspeakers or equipment that emits audible signals such as beeps, buzzers and bells that would be audible off the site.

• (ii) Special use permit standards for commercial or technical trades school.

  • (1) The applicant shall provide proof of state licensing or approval shall be conditioned on final approval of licensing.

  • (2) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces.

  • (3) Parking plans shall include pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s)

  • (4) A traffic study shall be required if proposed number of students exceeds 50.

• (jj) Special use permit standards for contract construction service.

  • (1) Outside storage of equipment, supplies and materials associated with any of the normal operations of must be adequately screened along the interior side yard, rear yard and road frontage with natural vegetation, landscaping, fencing and/or as shall be deemed appropriate by the board.

  • (2) The materials processing area shall be completely enclosed along all lot lines by an opaque fence, six feet in height.

  • (3) Where buildings are proposed, they should be located along the street frontage, meeting setback requirements. Otherwise, screening the operation from the street, which may include fences and tall vegetation is required.

  • (4) A narrative is required to be submitted explaining the scope of the business, including without limitation, the number of employees, the number and type of trucks and other vehicles and the provisions to protect adjoining and adjacent residential properties from noise, vibration, visual, odor, or other adverse effects.

  • (5) The subject property shall have frontage on, and direct vehicular access to an arterial or collector street.

  • (6) Vehicular access to the subject property shall not be by means of local streets.

• (kk) Special use permit standards for kennel and animal care.

  • (1) Exterior exercise areas shall be located in the interior side or rear yard and shall be completely enclosed along all property lines by landscaping, fencing and/or as shall be deemed appropriate by the board.

  • (2) Where the outside exercise area abuts a residential use or residential zoning district, there shall be a setback from the residential use or zone of 75 feet.

  • (3) All overnight (between the hours of 10:00 p.m. to 8:00 a.m.) boarding operations shall be located indoors and be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

  • (4) The facility shall be compliant with all state and local license requirements, or condition of approval will be subject to licenses from state and local authorities.

• (ll) Special use permit standards for mechanical equipment sales.

  • (1) Sales of mechanical equipment when associated with a manufacturing operation provided the area for the sales does not exceed 25 percent of the total gross floor area of the manufacturing operation.

• (mm) Special use permit standards for wholesale trade outdoor storage.

  • (1) The storage area shall be completely enclosed along all side and rear lot lines by a solid fence, six feet in height. Front lot line, along street frontage, shall be screened with a mixture of fencing and landscaping as determined appropriate by the board.

  • (2) Storage of any kind is prohibited outside the fence or landscaping screening when adjacent to a residential use or zone. No items stored within ten feet of the screening shall exceed the height of the screening.

  • (3) The storage area should be located to the rear of the lot. Any structures shall be located in front of the storage area to obscure the view of the storage area from the street, in compliance with the front yard setback of the underlying zone.

• (nn) Special use permit standards for warehouse/distribution facility.

  • (1) A traffic study is required prepared by a registered professional engineer.

  • (2) The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic to be generated by the business.

  • (3) Vehicular access to the subject property shall not be by means of streets internal to residential subdivisions.

• (oo) Special use permit standards for reclamation facility.

  • (1) Shall be located on a site not less than one acre.

  • (2) Any outside storage area shall be completely enclosed along all side and rear lot lines by a solid fence, six feet in height with a row of evergreens on the outside of the fence. Front lot line, along street frontage, shall be screened with a mixture of fencing and landscaping as determined appropriate by the board.

  • (3) Storage of any kind is prohibited outside the fence or landscaping screening. No items stored within ten feet of the screening shall exceed the height of the screening.

  • (4) All lubricants, oils or other hazardous materials must be stored in on-site leak proof containers.

  • (5) Owners must maintain an active EPA ID# with RIDEM as a hazardous waste generator and comply with all reporting requirements for same.

• (pp) Special use permit standards for dry cleaning plant.

  • (1) All processes and storage shall be carried on within an enclosed building.

  • (2) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution.

• (qq) Special use permit standards for food and kindred products.

  • (1) All operations shall be confined to the interior of a wholly enclosed building.

  • (2) There shall be no outside storage of either raw materials or finished products.

• (rr) Special use permit standards processing of bakery products.

  • (1) All operations shall be confined to the interior of a wholly enclosed building.

  • (2) There shall be no outside storage of either raw materials or finished products.

• (ss) Special use permit standards for stone, clay and glass products manufacturing and pottery products manufacturing.

  • (1) All operations shall be confined to the interior of a wholly enclosed building.

  • (2) Any outside storage area shall be completely enclosed along all side and rear lot lines by a solid fence, six feet in height. Front lot line, along street frontage, shall be screened with a mixture of fencing and landscaping as determined appropriate by the board.

  • (3) Storage of any kind is prohibited outside the fence or landscaping screening. No items stored within 25 feet of the screening shall exceed the height of the screening.

• (tt) Special use permit standards for drop forge industries, manufacturing forgings with power hammers.

  • (1) There shall be no emission of toxic gases or fumes.

  • (2) There shall be no discharge of harmful or toxic materials as runoff into public or private sewers or septic tanks, public or private waterways, or public or private land.

  • (3) No drop forge or power hammer shall be allowed to operate within 500 feet of a zone in which they are prohibited.

  • (4) Any outside storage area shall be completely enclosed along all side and rear lot lines by a solid fence, six feet in height.

  • (5) A dedicated loading and unloading area shall be designated off of public streets.

  • (6) Operation of drop forges or power hammers shall not create nuisance noise as defined by Ch 10 Art II of this Code.

  • (7) There shall be no production of heat or glare perceptible from any line of the premises on which the use is located.

• (uu) Special use permit standards for instruments and scientific equipment manufacturing.

  • (1) All operations shall be confined to the interior of a wholly enclosed building.

  • (2) Any outside storage area shall be completely enclosed along all side and rear lot lines by a solid fence, six feet in height. Front lot line, along street frontage, shall be screened with a mixture of fencing and landscaping as determined appropriate by the board.

  • (3) Storage of any kind is prohibited outside the fence or landscaping screening. No items stored within 25 feet of the screening shall exceed the height of the screening.

• (vv) Special use permit standards for pump station.

  • (1) The proposed facility is needed to provide service to the public.

  • (2) The facility and its accessory elements shall be sited in accordance with the regulations of the underlying zone in which it is located or as modified to minimize any adverse impact on the existing community in which the facility is proposed to be located.

• (ww) Special use permit standards for sewage treatment plant.

  • (1) The proposed facility is needed to provide service to the public.

  • (2) The facility and its accessory elements shall be sited in accordance with the regulations of the underlying zone in which it is located or as modified to minimize any adverse impact on the existing community in which the facility is proposed to be located.

• (xx) Special use permit standards for camp for children, including music or art camp.

  • (1) There shall be a designated drop off area near an entrance to the facility.

  • (2) Any overnight outdoor children's camp shall conform to the standards for campground.

  • (3) All outdoor play areas in areas will be enclosed with fencing, a minimum of four feet, and shall be solid and six feet in height on any property line abutting a residential use on an adjoining lot.

  • (4) In zones requiring special use permit, clear road signage noting presence of children (i.e. SLOW CHILDREN AT PLAY) should be posted no less than 100 feet from the camp in coordination with the town department of public works.

• (yy) Special use permit standards for campground.

  • (1) Definitions.

    • a. Sanitary facilities means a closed toilet or latrine with handwashing station.

    • b. Campsite means any section or plot of ground upon which is erected any tent, tent house or camp cottage and/or for the accommodation of each automobile trailer or house car.

  • (2) Campgrounds shall have an on-duty host or manager at all times of operation.

  • (3) Sanitary facilities shall be provided for every ten individual campsites.

  • (4) Potable water shall be provided via connection to town water supply or through spigots connected to a well supply. One water source shall be provided for at least every ten individual campsites. Water supply shall be separate from the handwashing station in sanitary facilities.

  • (5) Each individual campsite on which a tent, trailer or recreational vehicle is erected or placed, and each unit in any tourist camp upon which a camp cottage is hereafter erected or placed, shall be not less than 50 feet by 100 feet in area, clearly defined by markers in each corner.

  • (6) Road or driveways shall be provided and shall be so located that each individual campsite is accessible.

  • (7) Fully enclosed, permanent structures for use as sleeping units may be required to conform to state and town code for a dwelling unit.

  • (8) Season of operation shall be not more than between March 31 and November 1.

  • (9) Stormwater mitigation plan must be presented upon application for special use permit.

• (zz) Special use permit standards for riding stable.

Definition: Riding stable shall be defined as any establishment in which, for business purposes, horses or ponies are rented, hired, or loaned for riding or boarded for riding.

• • (1) Riding stable shall fall under the standards for non-household domesticated animals, section 28-150(e).

  • (2) At least one acre of lot area must be provided per stable stall.

• (aaa) Special use permit standards for driving range.

  • (1) Minimum lot area for driving ranges shall be three acres.

  • (2) No tee or hole within any driving range station shall be closer than 100 feet from the principal structure on any abutting parcel. This shall not apply to practice putting greens.

  • (3) Driving ranges abutting any public highway, street, sidewalk, or bicycle path shall have netting along full length of said roadway of no less than 45 feet in height.

  • (4) Driving ranges abutting any non-open space parcel shall have netting along full length of property line of no less than 45 feet in height.

    • a. Off street parking shall be provided as follows:

      • i. employees - one space per employee.

      • ii. per driving range station tee area - two spaces.

  • (5) Parking lots shall be shielded with a minimum 3-foot-high wall or a landscaped berm providing equivalent screening or a combination of both so that no vehicle lights shall shine onto adjacent residentially zoned property.

  • (6) Signage shall only face street frontage or parking lot.

  • (7) Outdoor floodlights to illuminate driving ranges shall not be allowed.

  • (8) Stormwater mitigation plan must be presented upon application for special use permit.

• (bbb) Special use permit standards for health club.

  • (1) For Health Clubs "LB" zones, all activities including exercise equipment, weights, etc. should be limited to indoor use as to avoid noise nuisance.

  • (2) Outdoor lighting must be fully shielded.

  • (3) Signage shall only face street frontage or parking lot.

  • (4) At least one off street parking space or equivalent shall be provided in "LB" zones. Bicycle racks may be substituted for automobile parking spaces at a rate of five bicycle spaces per one automobile space.

  • (5) Automobile off street parking shall be screened by a minimum six foot solid fence or minimum six foot solid landscape barrier when on any property line adjacent to a residential use lot.

• (ccc) Special use permit standards for theater.

  • (1) In "LB" zones, acoustic deadening must be installed in performance area.

  • (2) Parking lots shall be shielded with a minimum three foot high wall or a landscaping berm providing equivalent screening or a combination of both so that no vehicle lights shall shine onto adjacent residentially zoned property.

  • (3) Signage shall only face street frontage or parking lot.

  • (4) If liquor sales are requested, theater must meet standards for tavern/bar/nightclub in a limited business (LB) zone.

• (ddd) Special use permit standards for boatyard/marina and yacht club.

  • (1) A best management practices (BMPs) document for marina tenants is to be submitted. This document shall include the specifications for repair and cleaning of gear and other cleaning and repair activities. Tenant agreements shall include the BMPs document and a section in the agreement that states that by signing the agreement, the tenant has read and agrees to comply with the BMPs.

  • (2) Open areas used for boat and/or trailer storage and above ground structures storing fuel shall be screened with natural buffers or planted landscaped areas and set back a minimum of 50 feet from adjoining residential use or residential zone. The buffer may be reduced to 40 feet if the board determines that architecturally designed fencing, compatible with the adjacent properties would effectively screen the facilities from view from the adjoining properties.

  • (3) Large visual expanses of asphalt or concrete paving are to be avoided through the use of appropriately placed planter island and planting strips. Planting areas shall be designed and located so as to direct and control traffic flow.

  • (4) Outdoor stacking of boats may be permitted if the activity is visually screened from abutting residential uses and residential zones.

  • (5) The normal hoist or boating related hours of operation shall be limited to one half hour before sunrise and one half hour after sunset.

  • (6) Stormwater mitigation plan shall be presented upon application for special use permit.

• (eee) Special use permit standards for structures in residential zones in the flood zone greater than 25 feet above grade.

  • (1) At a minimum, every special use permit granted pursuant to this section shall be conditioned on the construction conforming to the state building code requirements of the flood zone (see also section 28-301 to 28-311).

  • (2) The pitch of all roof areas shall be no less than 4/12. Roof pitches of less than 4/12 shall only be allowed directly below the footprint of a deck.

  • (3) For lots with rear lot lines abutting a coastal feature, the minimum front yard shall be the average setback of those parcels within 250 feet of the parcel on the same side of the street.

  • (4) The maximum lot coverage by structures percentage as defined by article IV is not applicable. Instead building size shall be determined as follows:

    • a. For structures with two floors of living space(living space does not include the first floor car park and storage area), a floor area ratio (FAR) 0.30 shall be used to calculate the maximum allowable gross floor area (GFA) for the parcel. The GFA is calculated by multiplying the parcel size by 0.30. The footprint of the first floor shall be no greater than 60 percent of the GFA and the footprint of the second floor, if any, shall be no greater than 40 percent of the GFA. In no case shall the area of the 2nd floor footprint exceed two-thirds of the first floor footprint.

    • b. For structures with one floor of living space (living space does not include the first floor car park and storage area), a floor area ratio of 0.2 shall be used to calculate the maximum allowable gross floor area for the parcel. The GFA is calculated by multiplying the parcel size by 0.20.

    • c. Decks shall be no greater in size than 15 percent of the calculated GFA. Integrated second story decks located directly over the footprint of the first floor of the structure shall not be included in this calculation. Decks located above the highest floor of living space shall not be permitted.

  • (5) Articulation shall be required for structural walls that face a public right-of-way and exceed 24 feet in length. Articulation shall be in the form of a structural projection of at least one foot in depth and six feet in length and must extend along the entire vertical plane of the wall. The required projection may be divided into more than one, provided the total width of these projections is at least 6 feet in length.

• (fff) Special use permit standards for structures in a commercial or industrial zone in the flood zone greater than 35 feet above grade.

  • (1) At a minimum, every special use permit granted pursuant to this section shall be conditioned on the construction conforming to the state building code requirements of the flood zone (see also section 28-301 to 28-311).

  • (2) The applicant must present a storm preparedness plan including provisions for temporary storage of equipment/supplies outside of the flood zone.

  • (3) The board shall have the ability to condition any granted special use permit as necessary to ensure public health and safety. Such conditions may include, but not be limited to, the following: limitations on periods of use and operation, imposition of performance standards, operational controls, and sureties, requirements on the location, construction, durability and safety of driveways and parking areas.

(Ord. No. 2013-15, 10-9-13; Ord. No. 2015-15, 12-16-15; Ord. No. 2017-03, 4-26-17; Amend. of 1-27-21; Ord. No. 2022-12, 11-16-22; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)

• (a) Eligibility. One accessory dwelling unit (ADU) per lot is allowed under the following circumstances:

  • (1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

  • (2) On a lot with a total lot area of 20,000 square feet or more for which the primary use is residential; or

  • (3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.

• (b) Dimensional requirements.

  • (1) All ADUs shall comply with the dimensional standards for an accessory structure in the same zoning district.

  • (2) The maximum unit size for an ADU is as follows:

    • a. For a studio or one bedroom ADU, 900 square feet or 60 percent of the floor area of the principal dwelling, whichever is less.

    • b. For a two bedroom ADU, 1,200 square feet or 60 percent of the floor area of the principal dwelling, whichever is less.

    • c. ADUs shall be limited to no more than two bedrooms.

    • d. One off-street parking space per bedroom shall be required.

• (c) Prohibition of short-term rental.

  • (1) ADUs cannot be offered or rented for tourist or transient use (defined as occupancy less than 30 days) or through a hosting platform.

• (d) Procedural requirements.

  • (1) ADUs shall be allowed as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, such ADUs shall not be counted toward density of the proposal.

  • (2) Any application that includes ADUs may be considered through a unified development review process.

  • (3) An ADU that does not meet the requirements of this section shall be reviewed through an application for a dimensional variance.

(Amend. of 1-27-21; Ord. No. 2025-07, Att., 5-28-25)

The zoning officer is authorized to grant modification permits of up to and including 25 percent of the literal dimensional requirements of this ordinance as follows:

• • (1) Within ten days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

    • a. The modification is reasonably necessary for the full enjoyment of the permitted use;

    • b. If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

    • c. The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

    • d. The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

  • (2) Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement offer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification.

  • (3) The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.

  • (4) The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

  • (5) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(Ord. No. 2023-23, 12-6-23)

• (a) Purpose. The purpose of this section is to:

  • (1) Protect residential areas from adverse impacts of activities associated with certain home occupations.

  • (2) Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.

  • (3) Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures to residential structures.

• (b) Definition. For the purposes of this section, "home occupation" shall include:

  • (1) An accessory use of a dwelling unit or accessory structure, involving the manufacture, provision or sale of goods and/or services, which is carried on by members of the family residing on the premises plus no more than one nonresident assistant or employee.

  • (2) Home occupations do not include occasional garage sales and yard sales nor home parties which are held for the purpose of the sale or distribution of goods or services. Provided, however, that if the collective total of all such sales and/or parties exceeds six in any calendar year such sales and/or parties shall be considered a home occupation and regulated hereby.

  • (3) Home occupations do not include weddings; provided, however, that if the total weddings exceeds two in any calendar year such weddings shall be considered a home occupation and regulated hereby.

• (c) Standards. All home occupations shall meet the following standards:

  • (1) Outward appearance. The exterior appearance of the residential structure shall not be changed. There shall be no outside storage of equipment used in the home occupation or window display. Noise, dust, odors, noxious fumes, or vibrations emanating from the premises shall not exceed that which is normally produced by a single dwelling unit. Mechanical or electronic equipment which is incidental to the home occupation may be used provided it does not create visible or audible interference in radio or television receivers or cause fluctuations in line voltage off the premises. The home occupation shall not interfere with the delivery of utilities or other services to the area.

  • (2) Traffic. The home occupation should not generate significantly greater traffic volume than would normally be expected in the particular residential zone in which the home occupation is conducted. Delivery and pick-up of materials or commodities to and from the premises by a commercial vehicle should not exceed two trips per week. A commercial vehicle for the purpose of this section and chapter is any motor vehicle having a gross vehicle weight restriction over a Class 3 (more than 14,000 pounds). Reference also section 16-142 of Bristol Town Code.

  • (3) Parking. The parking of customers' or clients' vehicles shall not create safety hazards or congestion. At any one time only one commercial vehicle associated with the activities of the home occupation may be parked near the premises for more than four consecutive hours. One additional on-site parking space shall be required above the normal parking requirements for the residential use for any home occupation where students or clients visit the premises. One additional on-site parking space shall be required above the normal parking requirements for the residential use for any home occupation where a nonresident employee's method of transportation to and from the site of the home occupation is a motor vehicle which would normally be parked on or near the site of the new occupation. Where both subsections 28-153(c)(3) and (4) apply, there shall be two additional parking spaces required.

  • (4) Employees. The home occupation is to be conducted only by members of the family residing in the dwelling unit plus no more than one nonresidential assistant or employee. Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities conducted off the premises, may have more employees than the limitations set forth in this subsection if they are not employed on the premises.

  • (5) Signage. The intent of signage at home occupations is to identify the location of the property and not to garner or advertise additional business which would have the effect of increasing traffic in the neighborhood, therefore, only one sign, not over two square feet in area, flush-mounted to the building, shall be permitted per dwelling unit. The sign shall show only the name of the occupant and the type of occupation. The sign shall neither be internally nor externally lit. A permit for the sign is required in accordance with article X of this chapter.

  • (6) Limits on class/instruction. If the home occupation is the type in which classes are held or instruction given, there shall be no more than six students or pupils in the dwelling unit or on the premises at any one time. More than six students shall require a special use permit. These requirements limiting class size shall not be construed to prohibit occasional exceptions for events such as recitals, demonstrations, and other similar gatherings.

  • (7) Limits on clients/customers. If the home occupation is the type in which customers or clients visit the premises, there shall be no more than six clients or customers in the dwelling unit or on the premises during any period of 60 consecutive minutes. Motor vehicle traffic generated by clients or customers of a home occupation shall be prohibited from visiting the premises between the hours of 11:00 p.m. and 7:00 a.m.

  • (8) Allowable number of home occupations. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater that the impact of one home occupation as set forth in the above subsections.

  • (9) Compliance. Home occupations shall comply with all local, state or federal requirements pertinent to the activity pursued, and the requirements of or permission granted by this chapter shall not be construed as an exemption from such regulations.

(Amend. of 1-27-21)

Bed and breakfast inns shall be permitted only when all of the following requirements are also met:

• • (1) The structure shall be in keeping with the surrounding neighborhood.

  • (2) The lot size shall meet the minimum lot size for the zone in which the use is located or the minimum lot size requirement per rooming unit, whichever is greater.

  • (3) Sufficient off-street parking shall be provided to meet the requirements of article VIII of this chapter. Parking shall be on the side and/or rear of the building.

  • (4) There shall be a maximum of five guest rooms.

  • (5) Where a bed and breakfast inn is located in an area that has no public sewer, the building inspector shall require approval from the state department of environmental management stating that the individual sewage disposal system is sufficient to handle the number of guestrooms.

  • (6) Where a bed and breakfast inn is located in an area that has no public water, the building inspector shall require approval from the state department of health stating that the water quality is sufficient for such use.

  • (7) The bed and breakfast inn use shall be a principal use. Any accessory use can only be a single-family residential use.

  • (8) The operator of the inn shall live on the same lot or parcel.

• (a) Purpose. The purpose of this section is to provide performance standards in the control of commercial and industrial uses in the waterfront, downtown, limited business, general business; or, manufacturing zoning districts and rehab LDP overlay zone. These standards are designed to prevent health and safety hazards, public nuisances, and harmful effects upon the natural environment. They are also designed to permit potential industrial nuisances to be measured factually and objectively, and to ensure that all commercial and industrial uses will provide methods to protect the town from hazards which can be prevented by processes of control and elimination.

If any standards are established by state building or fire codes, by the State of Rhode Island Department of Environmental Management or department of health or by any federal agency, which conflict with the standards specified in this section, the more stringent or restrictive standards shall apply.

• (b) Application of standards. The provisions of this section shall apply to any commercial or industrial use located anywhere within the waterfront (W), manufacturing (M) limited business (LB), general business (GB), Metacom Mixed Use (MMU) or downtown (D) zoning districts or rehab LDP overlay zone. If any existing use, process, building or other structure is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is modified in any way within the W. D. LB. GB; or M zoning districts or rehab LDP overlay zone, these performance standards shall apply. Performance standards for any use or process shall be measured at the lot line; or, in a rehab LDP at a point outside the area of the building or structure, nearest the use or process being measured.

• (c) Administration of performance standards. The administration of the performance standards herein set forth is charged to the zoning enforcement officer. Any proposed use or process, alteration or change to an existing use or process, or determination of compliance for an existing use or process, either as a permitted use or a nonconforming use, shall be reviewed by the zoning enforcement officer, who shall determine compliance or noncompliance herewith. Subsequent to a study of the use, the zoning enforcement officer may determine that there are reasonable grounds to believe that the use may violate the performance standards set herein and may initiate an investigation. See subsection 28-155(i) of this section.

• (d) Required data. Following the initiation of an investigation, the zoning enforcement officer may require the owner or operator of any existing or proposed use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:

  • (1) Plan of the existing or proposed construction and development.

  • (2) A description of the existing or proposed machinery, processes and products.

  • (3) Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the items referred to in subsections 28-155(m) through (x) of this section.

  • (4) Measurements of the amount or rate of emission of the items referred to in subsections 28-155(m) through (x) of this section.

  • (5) Certification by a registered professional engineer that the proposed use or construction would comply with the requirements and standards for the regulation of commercial and industrial processes as set forth in this section.

Failure to submit data required by the zoning enforcement officer shall constitute grounds for denying a permit for any use of land.

• (e) Report by expert consultants. In the investigation of the compliance with the standards set forth in this section by any existing or proposed use, the zoning enforcement officer may require the owner or operator of the existing use or the applicant for the proposed use to provide a study and report by an expert consultant as to the compliance or noncompliance with such standards of the existing or proposed use, and advise as to how such existing or proposed use, if not in compliance, can be brought into compliance with such standards.

• (f) Zoning enforcement officer's action. Within 15 days following the receipt of the required evidence, or receipt of the reports of expert consultants, the zoning enforcement officer shall make a determination as to compliance, and shall authorize the issuance of any permits which may have been withheld pending such determination. The issuance of a permit for a proposed use shall not constitute compliance with the performance standards if, after construction and operation, there is evidence of noncompliance with such standards.

• (g) Required alterations. The zoning enforcement officer may require modifications or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the zoning enforcement officer for the purpose of securing compliance with the performance standards.

• (h) Zoning board to hear appeal. Any determination of the zoning enforcement officer may be appealed to the zoning board of appeals in accordance with section 28-410.

• (i) Continued enforcement. The zoning enforcement officer shall investigate any purported violation of performance standards; and for such investigation may employ qualified experts to make technical determinations as described in this section. If it is found that a violation occurred or exists, a copy of such findings shall be forwarded to the town solicitor. The services of any qualified experts, employed by the zoning enforcement officer to advise in establishing a violation, shall be paid by the violator if such violation is established, otherwise by the town.

• (j) Cancellation of permits. If, after the conclusion of time granted for compliance with the performance standards, the zoning enforcement officer finds the violation is still in existence, any permits previously issued shall be void, and the operator shall be required to cease operation until the violation is remedied.

• (k) Reference works. All reference works or standards listed in this section shall be kept on file in the office of the town clerk.

• (l) Exemptions. The following uses and activities shall be exempt from the noise and vibration level regulations of this section:

  • (1) Noises and vibrations not under the control of the property user.

  • (2) Noises and vibrations emanating from construction activities between 7:00 a.m. and 7:00 p.m.

  • (3) The noises of safety signals, warning devices and emergency pressure relief valves.

  • (4) Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

• (m) Noise. The Noise Ordinance of the Town of Bristol found in Chapter 10 of the Bristol Town Code, shall apply to all uses, processes, operations and activities regulated by this section of this chapter.

• (n) Vibration. Vibration standards shall be as follows:

  • (1) Ground transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency, particle velocity, or acceleration simultaneously in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. Particle velocity may be measured directly or computed from the formula particle velocity (inches per second) = 6.28 times displacement (inches) times frequency (Hertz).

  • (2) Vibration shall be measured at any adjacent lot line (or adjacent building or structure in a rehab land development project), and the vibration shall not exceed the limits shown at the specified points of measurement.

  • (3) The maximum permissible particle velocity of the ground vibration shall be as follows:

    Point of Measurement	Particle Velocity
    	Steady-State Inches/Second	Impact Inches/Second
    Lot line/building boundary	0.02	0.04

 

• • (4) For purposes of this section, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations.

  • (5) No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m.

• (o) Smoke. No emission at any point, from any chimney or otherwise, of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines in August, 1955, as Information Circular 7718 (Revision of i.c. 6888), except that visible gray smoke of a shade not darker than No. 2 on such chart, may be emitted for not more than four minutes in any 30 minutes. These provisions applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity. In no case shall visible smoke emissions exceed the standards of the division of air pollution control of the state department of health.

• (p) Particulate matter. Emissions of particulate matter shall meet the minimum standards of the division of air pollution control state department of health and the state department of environmental management. No emission shall be permitted which can cause any damage to health, to animals or vegetation, to property, or which can cause excessive soiling at any point.

• (q) Gas. No uses shall emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing discomfort or injury to humans or harmful to vegetation or in no case, in excess of the maximum allowable concentrations permitted of those toxic materials currently listed in threshold limited values adopted by the American Conference of Governmental Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the department of health of the state, that the proposed levels will be safe to the general population. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.

• (r) Sewage and waste. Sewage and waste shall be deposited into the public sewage system, when available, in conformance with the provisions of chapter 22 of this Code, "Sewers and Sewage Disposal." No sewage waste shall be discharged into the public sewage system which adversely affects the efficient operation of the sewage treatment plant, or any part of the system which is dangerous to the public health and safety. Liquid effluent from any use which is discharged into the ground shall at all times comply with the standards of the state department of environmental management relating to the disposal of sanitary sewage in unsewered areas. No discharge shall raise the temperature of a receiving water body above temperatures which can support normal aquatic life in such water body.

• (s) Odors. Emission of odorous gases or other odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond lot lines (or area of the building in a rehab LDP) either at ground level or habitable elevation as determined by the RIDEM.

• (t) Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24-hour sampling period. The release of airborne toxic matter across lot lines (or area of the building in a rehab land development project) shall not exceed 1/30 of the threshold limit values as currently established by the American Conference of Governmental Industrial Hygienists.

• (u) Heat and glare. No use shall carry on any operation that would produce unreasonable heat beyond the property line (or area of the building in a rehab land development project). Any manufacturing operation or activity producing glare, shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured on a neighboring property or public highway.

• (v) Fire and explosive hazards. All industrial uses and storage facilities shall be approved by the town fire chief with regard to fire and explosive hazards.

• (w) Radiation. Manufacturing operations shall cause no dangerous radiation at the property line (or area of the building in a rehab land development project), as specified by the regulations of the United States Nuclear Regulatory Commission.

• (x) Electromagnetic interference. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio, telephone or television reception from off the premises from where the activity is conducted.

(Amend. of 1-27-21)

Cross reference— Boats, docks and waterways, ch. 8.

Country inns shall be permitted only when all of the following requirements are also met:

• • (1) The structure shall be in keeping with the surrounding neighborhood.

  • (2) The lot size shall meet the minimum lot size for the zone in which the use is located or the minimum lot size requirement per rooming unit, whichever is greater.

  • (3) Sufficient off-street parking shall be provided to meet the requirements of article VIII of this chapter. Parking shall be on the side and/or rear of the building.

  • (4) There shall be no more than one guest room per 3.5 acres of land area of the parcel, with a maximum of 30 units per parcel. There shall be a maximum of six guest rooms per building.

  • (5) Where a country inn is located in an area that has no public sewer, the building inspector shall require approval from RIDEM stating that the individual sewage disposal system is sufficient to handle the number of guestrooms if the number of proposed guest rooms exceeds the existing number of rooms.

  • (6) Where a country inn is located in an area that has no public water, the building inspector shall require approval from the RI Department of Health stating that the water quality is sufficient for said use.

  • (7) If the country inn is the only structure on the property, then the country inn use shall be a principal use. Any accessory use can only be a single-family residential use.

  • (8) The caretaker of the inn shall live on the same lot or parcel.

  • (9) The country inn shall be allowed to serve meals only to guests of the property.

• (a) Licensing. Any food production activities shall require necessary licensing from the town and/or state.

• (b) Temporary signage. One temporary free-standing sign per driveway entrance is allowed and may be placed at the entranceway in a manner that does not obstruct sight lines for vehicles exiting the property. Temporary free-standing signs shall be no larger than ten square feet.

• (c) Temporary structures. Temporary structures shall conform to the dimensional requirements of the underlying district and shall be erected and removed within two weeks following the event.

• (d) Parking. Parking spaces shall be shown on a parking plan. The use of pervious materials that maintain the character of a rural setting including, but not limited to, crushed shells or stone, gravel, re-enforced turf or permeable pavers are encouraged. Where pavement is used, stormwater runoff must be included that complies with the Rhode Island Stormwater Design and Installation Standards Manual.

• (e) Lighting. Lighting shall be shielded from neighboring properties and roadways.

• (f) Noise. Activities that generate noise from special events such as rides shall comply with noise limitations as set in the Code of Ordinances.

• (g) Storage. Storage of any equipment or materials related to the event shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with event shall be located in a manner that effectively shields them from view using the allowable buildings on the site when viewed from the road.

• (h) Screening and boundaries. In addition to using existing structures to shield outdoor storage from view, opaque fencing or evergreen vegetated buffers at least six feet high shall be used to screen any outdoor storage that occurs within 50 feet of a side or rear lot line. Any outdoor dumpsters or similar large-scale trash collection bins shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening. Screening and buffers shall also be used to discourage pedestrian trespass onto adjacent properties.

(Amend. of 1-27-21)

• (a) The purpose of this section is to regulate the installation of accessory use solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems. (Principal use solar energy systems on a town landfill or a remediated and restricted contamination site or a contaminated site pending remediation are regulated by sections 28-286 through 28-290.) These standards are intended to ensure that solar energy systems are compatible with the surrounding area, provide for public safety, and minimize impacts on scenic, natural, and historic resources. The provisions of this section shall apply, as specified herein, to construction, operation, and/or repair of any accessory use solar energy system installation in the town.

• (b) Any accessory solar energy systems that are proposed to be located on town-owned property shall not be subject to the requirements of this section, but shall have advisory review conducted by the technical review committee prior to issuance of a state or local building permit.

• (c) Solar energy systems and any associated equipment shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel.

• (d) Accessory solar energy systems in the OS zone, the historic overlay district, the flood hazard overlay district, shall be roof-mounted only and will require separate historic and/or flood hazard permits as applicable.

(Amend. of 1-27-21)

• (a) Roof-mounted accessory use solar energy systems on existing buildings or structures shall be reviewed and permitted by the building inspector and zoning enforcement officer.

• (b) Roof-mounted accessory solar energy systems proposed on new structures or on additions to existing structures shall be reviewed according to the review procedure established by this chapter for the structure or addition.

Accessory Solar Energy Systems

 

• (c) Accessory solar energy systems shall not be constructed, installed, or modified as provided in this section before a building permit is obtained.

(Amend. of 1-27-21)

• (a) Roof-mounted solar energy systems shall not exceed the height requirements prescribed by the zoning district in which they are located.

• (b) On flat roofs, accessory solar energy systems shall be set back from the edge and/or behind architectural features to be minimally visible. Panels and devices may be set at a pitch and elevated, if not visible from public streets. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline.

• (c) Accessory battery storage units shall be located inside a building that is permitted under all other provisions of this chapter.

(Amend. of 1-27-21)

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

• (b) Eligibility.

  • (1) Adaptive reuse development must include at least 50 percent of existing gross floor area developed into residential units.

  • (2) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

• (c) Density calculations.

  • (1) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

    • a. Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

    • b. The development includes at least 20 percent low- and moderate-income housing.

    • c. The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

  • (2) For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

  • (3) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

• (d) Dimensional requirements.

  • (1) Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

  • (2) No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

  • (3) Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

    • a. Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

• (e) Parking requirements.

  • (1) Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

  • (2) The parking requirements and design standards in article VIII shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

• (f) Allowed uses within an adaptive reuse project.

  • (1) Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

  • (2) Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of section 28-82 for the zoning district in which the structure is located.

1.2.Development and design standards. Site design shall be in accordance with the development regulations.

1.3 Procedural requirements.

• • • a. Adaptive reuse projects shall be subject to land development project review pursuant to the regulations.

    • b. In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

      • 1. The proposed residential density and the square footage of nonresidential uses.

      • 2. A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

(Ord. No. 2023-23, 12-6-23)

--- (3) ---

Editor's note— Ord. No. 2023-23, adopted Dec. 6, 2023, repealed the former Art. VI., §§ 28-181—28-186, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from the Amend. of 1-27-21.

There shall be development plan review for uses that are permitted by right under the zoning ordinance, as provided for in this article.

(Ord. No. 2023-23, 12-6-23)

The permitting authority shall be the administrative officer for administrative development plan review and the planning board for formal development plan review.

(Ord. No. 2023-23, 12-6-23>; Ord. No. 2025-07, Att., 5-28-25)

Development plan review shall be required for the following categories of developments: (i) A change in use at the property where no extensive construction of improvements is sought.

An applicant shall not be required to obtain both land development and development plan review for the same project. Development plan review shall be conducted according to Article 4.1 of the Regulations.

(Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)

The review by the planning board shall be based upon the specific requirements set forth in appendices E, F; and for those properties in the Metacom Avenue Overlay, appendix G of the regulations.

(Ord. No. 2023-23, 12-6-23)

The following actions shall be excepted from development plan review, but only upon application to and written decision by the administrative officer:

• • (1) Change of use. A use otherwise subject to development plan review is changed to another use that is permitted on the same legal basis as the prior use, and the new use is listed in the same category in table A—permitted use table (section 28-82).

(Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)

The planning board may grant waivers of design standards, as set forth in the regulations.

(Ord. No. 2023-23, 12-6-23)

A rejection of the decision shall be an appealable decision pursuant to RIGL § 45-23-71.

(Ord. No. 2025-07, Att., 5-28-25)

A nonconformance is a building, structure, sign or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this chapter, and not in conformity with the provisions of this chapter or amendment.

A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was in existence prior to June 28, 1961, or was established in conformance with the zoning regulations in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to June 28, 1961 and was separately owned. Any building, structure, sign or parcel of land, or use thereof, that was not lawfully existing or established at the time of the adoption or amendment of this chapter, is not protected by this article.

A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in section 28-82, is nonconforming by use.

A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land or use thereof, not in compliance with the parking regulations of this chapter, as set forth in article VIII of this chapter, is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of this chapter, including, but not limited to those regulations for minimum lot size, lot width and lot frontage, (also known as a substandard lot of record) is also nonconforming by dimension.

A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this article. Where the regulations conflict, the most restrictive regulations shall apply.

A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit (or a special use) granted by the board, shall not be considered a nonconformance for the purposes of this article, and shall not acquire the rights of this article. Rather, such building, structure, sign, parcel of land or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this chapter, shall require a further variance or special use permit from the board. Provided, however, that a special use permit need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16.

(Ord. No. 2020-04, 7-1-20)

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this chapter for themselves or for any other properties.

• • (1) Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

  • (2) Continuance of use. Nothing in this chapter shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.

  • (3) Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this article.

  • (4) Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

  • (5) Addition and enlargement. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.

  • (6) Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.

  • (7) Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly.

  • (8) Change of use.

    • a. Residential zones. Within any residential zone, a nonconforming use may be changed to a permitted use or to a use in the same use code listed under article III. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use. A nonconforming use may also be changed, by special use permit, to a use that is determined by the zoning board to be more in conformity to the permitted uses in the zoning district for which the property is located.

    • b. Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, to the same use code listed under article III, or may be changed to a different nonconforming use by special use permit in accordance with section 28-409. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

  • (9) Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this chapter. Buildings or structures that are nonconforming by dimension cause disruption of the overall land use pattern of the town, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this chapter for themselves or for any other property in the neighborhood.

• • (1) Continuance. Nothing in this chapter shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.

  • (2) Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

  • (3) Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot on which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

  • (4) Addition and enlargement. A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located; provided however, that in the R-80, R-40, R-20, R-15, and R-10 zones, where 50 percent of the structures on the same side of the street within the block or within 200 feet, whichever is greater, on each side of the structure in question have less than the required minimum front yard setback, then such structure may be added to or enlarged so as to bring the front yard setback to the average distance of the front yards of such neighboring structures, but shall in no case be less than 15 feet. In the R-6 zone, the setback shall be the average setback of the residential block. (See Table B, Dimensional Table, section 28-211.)

  • (5) Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

  • (6) Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.

  • (7) Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

  • (8) Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in subsection 28-218(9). If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

• (a) Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.

• (b) Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

• (a) Single lots of record.

  • (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot which was of record on June 28, 1961.

  • (2) Notwithstanding limitations imposed by other provisions of this chapter, such lot must be in separate ownership and not adjoining any other lots in common ownership which would result in a merger under subsection 28-221(c) below and must not have been merged by use. This provision shall apply:

    • a. Even though such lot fails to meet the requirements for total lot area or width, or both, that are generally applicable in the district as set forth in article V of this chapter; and

    • b. 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:

      • 1. Minimum building setbacks, lot frontage, and lot width requirements for a lot that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the municipality in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the minimum lot area required in the district in which it is located, the setbacks, frontage, and width shall each be reduced to 40 percent of the requirements for those dimensional standards in the same district.

      • 2. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.

All proposals exceeding such reduced requirement shall proceed with a modification request or a dimensional variance request, whichever is applicable.

• • • c. Provided that appropriate landscaping, including, but not limited to, trees, hedges or fences shall be installed pursuant to the direction of the director to minimize any impact on adjacent property.

    • d. 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 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

• (b) Merger of multiple nonconforming lots of record in nonresidential zones. Adjacent lawfully established lots in the same ownership in the LB, D, W, GB, MMU and M zones which have less than the minimum area or frontage requirements shall not be merged together, and may be separately developed; provided, however, that such lots must be served by both public sewer and public water and that any such development must meet all dimensional requirements (other than minimum lot area and frontage) and density requirements of this chapter. If such lots are not served by both public sewer and water, then they shall be deemed to be merged into one lot and shall not be divided except in conformance with all requirements of this chapter.

• (c) Merger of multiple nonconforming lots of record in residential zones. The merger of multiple nonconforming lots of record in residential zones shall be as follows:

  • (1) Adjacent lawfully established undeveloped lots, or adjacent lawfully established developed and undeveloped lots, in the same ownership in the R-80, R-40, R-20 and R-20SP zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided, except as follows:

    • a. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation, the requirement for planning board approval; and

    • b. All such resulting lots must be served by both public sewer and public water; and

    • c. All such resulting lots must meet all dimensional requirements of this chapter, except those as to minimum area and frontage requirements; and the minimum frontage and lot width be reduced to 50 percent of that otherwise required for the zone in which the lot is located, and the lot area may be reduced as follows:

      • 1. In the R-80 zone, if after subdivision into as many 80,000 square foot lots as possible, there remains a lot of 40,000 square feet or more, it may be created.

      • 2. In the R-40 zone, if after subdivision into as many as 40,000 square foot lots as possible, there remains a lot of 30,000 square feet or more, it may be created.

      • 3. In the R-20 and R-20SP zones, if after subdivision into as many 20,000 square foot lots as possible, there remains a lot of 15,000 square feet or more, it may be created.

Provided however, that the planning board shall have the authority to require the subdivider to divide the merged lot into the same number of lots as would be allowed by this subsection, but with the available lot area averaged over all such lots. For example, in the R-20 zone, if someone owns three lawfully existing adjacent nonconforming lots of 12,000 square feet each, these would be merged into one lot of 36,000 square feet. Under the provisions of this subsection, such lot could be subdivided into one 20,000 square foot lot and one 16,000 square foot lot; provided, however, that the planning board could instead require two 18,000 square foot lots.

• • • d. In cases where the above standards cannot be met, then a dimensional variance must be obtained from the Zoning Board of Review in order to proceed with a subdivision application. The Zoning Board may grant a dimensional variance for previously merged lots from the requirements of this merger provision wherein the zoning board may make a specific finding of fact that lots, as unmerged, will be of a size generally in conformance with the area of developed lots in the surrounding vicinity. Such lots shall further have the minimum width requirement of lots in that zone generally or at the very least shall have a lot width of not less than 80% of the lot width required for the underlying zone.

  • (2) Adjacent lawfully established undeveloped lots, or adjacent lawfully established developed and undeveloped lots, in the same ownership in the OS, EI, R-15, R-10, R-10SW, R-8 and R-6 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this chapter. Any such merged lot shall not be divided except as follows:

    • a. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation the requirement for planning board approval; and

    • b. All resulting lots must meet all dimensional requirements of this chapter, including without limitation, the minimum lot area and frontage requirements, or obtain a dimensional variance from the zoning board of review. The zoning board may grant a dimensional variance for previously merged lots from the requirements of this merger provision wherein the zoning board may make a specific finding of fact that lots, as unmerged, will be of a size generally in conformance with the area of developed lots in the surrounding vicinity. Such lots shall further have the minimum width requirement of lots in that zone generally or at the very least shall have a lot width of not less than 80 percent of the lot width required for the underlying zone.

• (d) Exemption from merger provision in residential zones. In any residential zone, if 70 percent of the block, on the same side of street, (block not to exceed 500 linear feet in either direction of the subject lot), or on both sides of the street if fewer than three lots, is developed and built on lots with less than the minimum area which is required in the zone in which it is located, then the remaining multiple nonconforming lots of record may be divided and developed at the same average lot area. Any such merged lot shall not be divided, except as follows:

  • (1) Any such division shall be deemed a subdivision and subject to all requirements of the subdivision regulations of the town, including without limitation the requirement for planning board approval; and

  • (2) All resulting lots must have sewer and water; and

  • (3) All resulting lots must meet the following dimensional requirements: The minimum frontage and lot width may be reduced to no less than 50 percent of that otherwise required for the zone in which the lot is located.

• (e) Notwithstanding any of the foregoing provisions of this section, 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 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

(Ord. No. 2017-16, 11-8-17; Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of article VIII of this chapter.

• • (1) Addition, enlargement, expansion and intensification of nonresidential uses. A nonresidential building or structure, or use of land, nonconforming by parking may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of article VIII of this chapter for such addition, enlargement, expansion or intensification. (See exception for the D zone in section 28-252.)

  • (2) Addition, enlargement, expansion and intensification of residential uses. Any residential building or structure nonconforming by parking may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of article VIII of this chapter, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification. (See exception for the D zone in section 28-252.)

  • (3) Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this chapter, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this chapter for the new use are provided. (See exception for the D zone in section 28-252.)

The location of a structure in violation of the set back requirements shall be considered a legal nonconforming structure by dimension provided that all the following conditions are met:

• • (1) The use is a single residential dwelling unit only;

  • (2) The nonconformance of the building or structure does not exceed 25 percent of the required side, front, and/or rear yard setbacks;

  • (3) A building permit and/or certificate of occupancy was issued for the location of the structure prior to the effective date of the adoption of this section of the ordinance (September 20, 2001);

  • (4) A period of seven years has expired since the improper location of the structure; and,

  • (5) No notice of violation. Zoning board of appeal action, or court action is pending in regard to the improper location of the structure.

--- (4) ---

Cross reference— Motor vehicles and traffic, ch. 16.

No land shall be used or occupied and no structure shall be erected or used unless the off-street parking and loading spaces required herein are provided. Uses and structures which are nonconforming by parking are controlled by article VII of this chapter. Presently existing off-street parking or loading facilities may not be reduced below the requirements of this article. While it is the intent of this section to require minimum off-street parking and loading facilities, excessive paving of land that supplies significantly more than the minimum numbers of spaces is discouraged and prohibited.

• • (1) Location of required spaces. Except as provided for in subsection 28-251(6) of this section and section 28-255, the off-street parking spaces required by this chapter shall be on the same lot as the structure or use they are intended to serve or on an abutting lot. Off-street parking spaces for commercial or industrial uses shall not be located in any residence district where such commercial or industrial use is prohibited. All loading spaces shall be on the same lot as the use which they serve. The loading area shall be located on the side or rear of the building which it is intended to serve.

  • (2) Minimum size of spaces The minimum size of spaces shall be as follows:

    • a. Each parking space shall be marked by painted lines and contain the following minimum dimensions affecting the width and length of individual parking stalls and the width of aisles in all districts, exclusive of necessary drives and other access ways. A driveway may be considered a required parking space only for a detached single or two-family dwelling and need not contain painted lines.

Standard parking spaces:

Minimum width .....10 feet

Minimum length .....18 feet

Parallel parking spaces:

Minimum width .....8 feet

Minimum length .....21 feet

Minimum aisle widths:

90° angle .....24 feet

60° angle .....18 feet

45° angle .....13 feet

30° angle .....11 feet

0° (parallel parking) .....12 feet

• • • b. For parking areas with more than 20 spaces, the painted lines for each parking stall shall be double-line striped, such that there is a minimum of two feet between each stall. This two-foot area shall be included in calculating the overall width of the parking space stall, provided that at least eight feet of width shall be provided between the inner edges of the stall.

    • c. For parking areas with more than 20 spaces, up to 25 percent of the spaces may be reduced in size for small cars, provided that such spaces shall be prominently signed for small cars only. For parking areas in the downtown or waterfront zones, 50 percent of the spaces may be reduced in size for small cars, provided also that such spaces shall be prominently signed for small cars only. The painted lines for each small car parking stall shall also be double-line striped, such that there is a minimum of two feet between each stall. This two foot area shall be included in calculating the overall width of the parking space stall, provided that at least seven feet of width shall be provided between the inner edges of the stall. The overall size of the small car space may be reduced to nine feet wide by 16 feet long.

    • d. Handicapped accessible spaces shall be provided as required by any other applicable law.

    • e. Each loading space shall be marked by painted lines and contain the following minimum dimensions affecting the width, length and height.

Minimum width .....14 feet

Minimum length .....60 feet

Minimum vertical clearance .....15 feet

• • (3) Setbacks. No parking or loading space or aisle (back-up space) shall be less than ten feet from any front lot line. No parking space or aisle shall be less than five feet from any building, except where greater setbacks are required. Parking spaces less than ten feet from any building shall be separated from such building by raised curb, bumper or wheel guards. The requirements of this subsection shall not apply to detached single or two-family dwellings.

  • (4) Entrance and exit. Each parking and loading space shall be designed with adequate off-street area for approach, turning and exit without the need or ability to use any part of a street. All driveways shall be a minimum of 12 feet in width for each lane of traffic using such driveway. The width of any driveway shall not exceed 30 feet. The requirements of this subsection shall not apply to detached single or two-family dwellings.

  • (5) Combined parking. Nothing in this section shall be construed to prevent the combined use of off-street parking or off-street loading areas by two or more buildings or uses if the total number of spaces provided is not less than the requirements for each use computed separately in accordance with this article. In no case shall off-street loading space be considered as required off-street parking space, or vice-versa.

  • (6) Shared parking. Where two different uses occur at non-simultaneous times, (e.g. a church with Sunday services and evening events together with a business that is closed evenings and on Sunday), the zoning enforcement officer may permit the shared use of parking spaces by multiple uses provided that a deed restriction is filed, indicating the specific conditions by which the parking is provided and setting forth the hours of use for each principal use. Such deed restriction may only be released by the zoning enforcement officer upon presentation of proof of compliance with this article by providing other parking.

  • (7) Credit for shared access. Where a common curb cut and driveway are provided for two or more distinct lots or parcels, the required number of parking spaces for each use may be reduced by ten percent, or where a service road is provided, the required number of parking spaces for each use may be reduced by 20 percent.

  • (8) Construction requirements. The area used for off-street parking or loading shall have a dust-free, hard surface and shall be provided with bumper or wheel guards where needed; provided, however, that the use of pervious materials such as gravel or shells, is allowed and encouraged within 200 feet of the Kickemuit River, Narragansett Bay or other water bodies and wetlands.

  • (9) Illumination. Any illumination shall be of continuous white light and shall reflect the light away from adjoining properties and adjacent streets.

  • (10) Screening. Where a loading area or an off-street parking area for four or more cars is located in or adjacent to a residential zone or use, a landscaped buffer of at least three feet in width, together with an opaque fence or a compact evergreen screen not less than five feet in height shall separate such area and the adjoining property or street.

  • (11) Landscaping. For parking areas with more than 20 spaces located in any zone, the interior of such parking areas shall be suitably landscaped with trees, shrubs, vegetation or ground cover. Such areas shall be appropriately located to prevent long, uninterrupted rows of parking spaces. landscaped areas shall be separated and protected from parking areas by curbing or other means. Where trees are required, such trees shall meet the requirements set forth in the design guidelines of the town subdivision and development review regulations at F.2.B(13). The following landscaping shall be provided:

    • a. Along the street frontage, a three-foot planted strip with one shade tree for every 40 feet of frontage.

    • b. Along interior lot lines, a three-foot planted strip with one shade tree for every 50 feet of interior lot lines. A hedge of compact evergreens or other suitable plantings may be substituted for the planted strip.

    • c. The interior of such parking areas shall have a minimum of ten square feet of landscaping for each parking space, and shall be shaded by deciduous trees. At maturity, each tree shall be presumed to shade a circular area having a radius of 15 feet with the trunk as the center. There shall be sufficient trees so that, using this standard, 20 percent of the parking area will be shaded. Trees shall be surrounded by a minimum of 180 square feet of unpaved area, which may be counted towards calculating the required landscaping.

• (a) Maximum number of spaces allowed. Except for residential uses, the maximum number of off-street parking spaces allowed for any lot or use shall not exceed ten percent, or 50 spaces, more than the required minimum number of spaces, whichever is less.

• (b) Exemption from parking requirements in downtown zone and for temporary restaurant expansion. In order to provide incentive for existing and new uses in the downtown (D) zone, retail, office, institutional and residential uses within the D zone shall be exempt from parking requirements. Additionally, parking requirements shall be suspended for restaurants in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16.

• (c) Minimum number of spaces required. The minimum number of off-street parking spaces required for each use shall be as set forth in the following table. The requirements are expressed as number of spaces required per dwelling unit (D.U.), rooming unit (R.U.) or gross floor area (GFA) as such terms are defined in this chapter. The zoning enforcement officer shall determine the appropriate category of this table where the use is not therein specified. Where more than one type of use is located in a single building or on a single lot or parcel, the number of required spaces shall be the sum of required spaces for each use. Where the resulting number of spaces includes a fraction thereof, the required number of spaces shall be rounded up to the next highest integer.

  • (1) Residential:

    Use	Spaces—W, and Rehab LDP Zones:	Spaces—All Other Zones:
    Dwelling unit	1 per D.U.	2 per D.U.
    Roominghouse	1 per 4 R.U	1 per 2 R.U
    Elderly housing	0.5 per D.U.	1 per D.U.

 

• • (2) Office:

    Use	Spaces—W, and Rehab LDP Zones:	Spaces—All Other Zones:
    Bank or other financial institution	1 per 400 sq. ft. GFA	1 per 200 sq. ft. GFA
    Other office, professional service, or laboratory	1 per 600 sq. ft. GFA	1 per 300 sq. ft. GFA
    Medical office and clinic	1 per 400 sq. ft. GFA	1 per 200 sq. ft. GFA

 

• • (3) Service:

    Use	Spaces—Rehab LDP Zones:	Spaces—All Other Zones:
    Gas and service station	1 per employee plus 4 per bay	1 per employee plus 4 per bay
    Hotel/motel and bed and breakfast	1 per R.U. plus 1 per any D.U.	1 per R.U. plus 1 per any D.U.
    Funeral home	1 per 5 seats, plus 1 per employee and 1 per company vehicle	1 per 3 seats, plus 1 per employee and 1 per company vehicle
    Theater and auditorium	1 per 5 seats	1 per 3 seats
    Indoor commercial recreation and coin-operated amusement establishment	1 per 400 sq. ft. GFA	1 per 200 sq. ft. GFA
    Outdoor recreation facility	1 per 5 persons that the outdoor facilities are designed to accommodate at maximum capacity, plus 1 per 500 sq. ft. GFA within enclosed buildings	1 per 5 persons that the outdoor facilities are designed to accommodate at maximum capacity, plus 1 per 500 sq. ft. GFA within enclosed buildings
    Other business and commercial service use	1 per 600 sq. ft. GFA	1 per 300 sq. ft. GFA

 

• • (4) Retail:

    Use	Spaces— Rehab LDP Zones:	Spaces—All Other Zones:
    Restaurant	1 per 8 seats or 1/600 sq. ft. GFA, whichever is greater	1 per 4 seats or 1/300 sq. ft GFA, whichever is greater
    Fast food restaurant	1 per 4 seats or 1/300 sq. ft. GFA, whichever is greater, plus 5 stacking spaces for any drive-up window	1 per 2 seats or 1/150 sq. ft GFA, whichever is greater, plus 5 stacking spaces for any drive-up window
    Convenience store	1 per 400 sq. ft. GFA	1 per 200 sq. ft. GFA
    New and used vehicle sales, and boat sales	1 per 300 sq. ft. GFA of interior space plus 1 per 1,000 sq. ft. of exterior space used for merchandise display	1 per 300 sq. ft. GFA of interior space plus 1 per 1,000 sq. ft. of exterior space used for merchandise display
    Other retail uses	1 per 600 sq. ft. GFA	1 per 300 sq. ft. GFA up to 100,000 sq. ft.; plus 1 per 600 sq. ft. for GFA over 100,000 sq. ft.

 

• • (5) Transportation and utility:

    Use	Spaces—W, and Rehab LDP Zones:	Spaces—All Other Zones:
    Public and private utilities	1 per 600 sq. ft. GFA	1 per 300 sq. ft. GFA
    Commercial vehicle terminal	1 per 400 sq. ft. GFA	1 per 400 sq. ft. GFA

 

• • (6) Institutional:

    Use	Spaces—W, and Rehab LDP Zones:	Spaces—All Other Zones:
    Place of worship	1 per 10 seats and 1 per room	1 per 5 seats and 1 per room
    Pre-school or day care center	1 per employee plus 1 per 4 students or attendees	1 per employee plus 1 per 4 students or attendees
    Primary or junior high school	1 per employee	1 per employee
    High school	1 per 8 students and 1 per employee	1 per 8 students and 1 per employee
    Post secondary school or college	1 per 4 resident students plus 1 per each commuting student plus 1 per each full time employee (maximum on any shift or at 1 time)	1 per 4 resident students plus 1 per each commuting student plus 1 per each full time employee (maximum on any shift or at 1 time)
    Hospital, nursing or convalescent home	1 per 4 beds	1 per 4 beds
    Congregate care or assisted living facility	1 per 6 D.U. or R.U.	1 per 3 D.U. or R.U.
    Library, museum	1 per 1,000 sq. ft. GFA	1 per 500 sq. ft. GFA

 

• • (7) Industrial*:

    Use	Spaces—W, and Rehab LDP Zones:	Spaces—All Other Zones:
    Wholesale business and storage space and warehouses *	1 per 1,000 sq. ft. GFA	1 per 1,000 sq. ft. GFA
    Manufacturing, processing, assembly or packaging *	1 per 1,000 sq. ft. GFA	1 per 500 sq. ft. GFA

 

* See subsection 28-186(c)(4) for potential reductions in required off street parking for industrial/manufacturing uses.

(Ord. No. 2020-04, 7-1-20; Amend. of 1-27-21; Ord. No. 2021-12, 8-18-21)

• (a) Minimum number of spaces required. The minimum number of off-street loading spaces required for each commercial, industrial and institutional use shall be as set forth in the following tables. The zoning enforcement officer shall determine the appropriate category of this table where the use is not therein specified. Where the resulting number of spaces includes a fraction thereof, the required number of spaces shall be rounded up to the next highest integer.

  • (1) Retail, wholesale, manufacturing and storage uses. Loading spaces for retail, wholesale, manufacturing and storage uses shall be as follows:

    GFA of Use	Minimum Number of Loading Spaces
    3,000—19,999 sq. ft. GFA	1
    20,000—40,000 sq. ft. GFA	2
    Each 60,000 sq. ft. GFA over 40,000	1

 

• • (2) Hotel/motel, restaurant, office and institutional uses. Loading spaces for hotel/motel, restaurant, office and institutional uses shall be as follows:

    GFA of Use	Minimum Number of Loading Spaces
    5,000—40,000 sq. ft. GFA	1
    Each 100,000 sq. ft. GFA over 40,000	1

 

• (b) Exemption from loading requirements in downtown and waterfront zones. In order to provide incentive for existing and new uses in the downtown (D) and waterfront (W) zones, retail, office, institutional and residential uses within the D and W zones having less than 40,000 square feet of gross floor area shall be exempt from loading requirements. See subsection 28-150(h)d.6. regarding loading zones associated with a formula business.

Plans and specifications for any required off-street parking area for more than 20 cars, or for any principal use of parking, or for any loading area shall be approved by the zoning enforcement officer before a building permit, or a certificate of occupancy in the case of a change of use where no building permit is required, may be issued.

The authorized permitting authority may approve proposed off-site parking. If the authorized permitting authority determines that the construction of off-street parking facilities on the same lot as the main use is impractical and that the provision of off-site parking will be adequate to meet the parking needs of the use-and will conform to good planning practice, then the authorized permitting authority may approve such off site parking. Off-site parking shall be located a reasonable distance from the use unless evidence is presented that there will be a shuttle or valet service to the use. In any such instance, appropriate deed restrictions shall be placed in the land evidence records for both the property on which the use is located and the property on which the parking is located.

(Ord. No. 2025-07, Att., 5-28-25)

• (a) Incorporation and cross reference. Chapter 14 of Bristol Town Code entitled historic preservation is hereby incorporated by reference. There exist in the Town of Bristol historic districts as shown on the map entitled, "Map of Historic Districts, Town of Bristol, Rhode Island", together with a list of properties within the downtown district (Attachment 1) and a list of structures of historic or architectural value not located within the boundaries of an established historic district (Attachment 2) as may be amended from time to time, and which is filed at the office of the town clerk, all of which is herein collectively referred to as the "Historic District" or the "Historic District Zone".

• (b) Purpose. The purpose of this section is to regulate the location and operation of formula business establishments, within Bristol's Historic District Zone, in order to maintain the district's unique character and diverse blend of business offerings.

• (c) Findings. Establishing or preserving an appropriate and balanced mix of businesses will more effectively promote the district's economic health, property values, and colonial New England ambiance. The land use element of the town's comprehensive plan provides a statement of goals and policies that is quite reflective of the town's desire to preserve the unique and historically rich environment which encompasses the historic district zone. Included are stated policies to: (1) maintain the character of Bristol and make sure that new development does not adversely impact the character of the town; (2) respect the historic resources that link Bristol's present with Bristol's past and use these resources as guidelines for managing future growth; (3) foster the local economic base. In general, the goal of the land use element is to promote the development of a well balanced and functional mix of land uses and to ensure that development in the town is consistent with the town's character and image.

The historic downtown district is unique not only because of its well preserved historic structures, but because of its small individualized shops and restaurants as well. Bristol's historic downtown district is recognizable nationwide. It attracts hundreds of thousands of visitors each year, a large part of whom come to enjoy and experience the unique character of the nation's most patriotic town and its numerous quaint shops and restaurants. This unique character would be adversely affected by a proliferation of "formula businesses" which are required by contractual or other arrangements to be virtually identical to businesses in other communities as a result of standardized services, merchandise, decor, uniforms and the like. The development of such businesses, if unchecked and unregulated, would conflict with the distinct atmosphere and unique character for which Bristol's historic downtown district is famous. Therefore, the town council finds that in order to preserve the character of the historic downtown district, it is reasonable and necessary to adopt this article which would monitor and regulate the establishment of formula businesses in the historic district zone through the mechanism of special use permits, in accordance with section 28-409 of this Code.

• (d) Regulation. A formula business, as defined in section 28-1 of this Code, seeking to operate within the historic district zone, as established in section 14-3 of this Code, is required to first obtain a certificate of appropriateness from the historic district commission, and is then required to obtain a special use permit from the zoning board in accordance with section 28-409, including without limitation, the standards set forth in subsection 28-150(h). Notwithstanding the foregoing, upon agreement of both the historic district commission and the zoning board, a joint public hearing of both bodies may be held, with each body then voting separately in the order set forth above.

Cross reference— Historic preservation, ch. 14.

• (a) Authorization and general purposes. The purpose of this section is to encourage, and in zones to require, the comprehensive development of significant parcels, in order encourage a positive mix of uses and optimize scarce resources for the benefit of both the public and the developer. The method to accomplish this purpose is by authorizing the establishment of planned land development projects. Land development projects are intended to promote attractive, convenient, efficient development through careful site planning; to preserve open space, historic sites and valuable natural features of the land; to permit the creation of such uses as multifamily residential and mixed-use communities consistent with the character of the town and the neighborhood and the comprehensive plan; and to permit the design and construction of buildings, structures, and other facilities which by virtue of their location, orientation, landscaping and other features show unusual design merit. All such land development projects shall be governed in their establishment by the procedures of the town subdivision and development review regulations for major land development review.

• (b) Specific considerations. This authorization serves to encourage development as a single project those tracts of land that are sufficiently large to allow a site design for a group of structures. It should either promote a harmonious variety or grouping of uses, or utilize the economy of shared services and facilities. It is further the purpose of authorizing land development projects to take into account the following:

  • (1) Advances in technology and design.

  • (2) Recognition and resolution of problems created by increasing population density.

  • (3) A comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development, in which the design of the overall unit permits increased freedom in the placement and uses of buildings and the location of open spaces, circulation facilities, off-street parking areas and other facilities.

  • (4) The potential of sites characterized by special features of geography, topography, size or shape.

  • (5) Compliance with this chapter as to all appropriate regulations.

  • (6) Compliance with federal and state regulations regarding energy saving.

• (c) General standards for development. General standards for development shall be as follows:

  • (1) Relation to transportation. Principal vehicular access shall not be from arterial highways. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicles and pedestrians. Where the development is located on an arterial highway, a service road should be utilized, together with common driveways. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate need.

  • (2) Relation to surrounding property. Site planning shall provide protection from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development.

  • (3) Buffer zone. Landscaped buffers shall be required for certain land development projects, and are set forth in the requirements for each type of land development project. The buffer shall not be paved, nor be used for parking or driveway, nor contain any structure, nor be used for leaching or absorption fields. However, underground water, sewer or drainage lines with appropriate easements thereto may be permitted in a buffer.

  • (4) Screening. Fences, walls or vegetative screening shall be provided along the perimeter of the development where needed to provide a buffer, to preserve public viewsheds and to minimize incompatibility with surroundings. In particular, the following uses and areas within the development shall be screened from adjacent residential district or public streets:

    • a. Off-street parking areas containing more than ten spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for computing the above minimum number of spaces.

    • b. Service areas for loading and unloading vehicles other than passenger; and for storage and collection of trash and garbage.

    • c. Utility areas such as pumping station, electric utility substations and the like.

  • (5) Maximum height. No structure shall exceed three stories or 35 feet above grade, as defined in this chapter.

  • (6) Procedural and design standards. Unless otherwise indicated, the procedural and design standards for improvements in a land development project shall be the same as those set forth in the town subdivision and development review regulations in effect at the time of the application insofar as such regulations are applicable. Waivers may be provided in accordance with the requirements of the town subdivision and development review regulations.

• (d) Standards for multifamily buildings. Where multifamily buildings are otherwise allowed in a land development project, the following standards shall apply.

  • (1) Front yard. Multifamily projects, when located along any major arterial public highway (Metacom Avenue and Hope Street), shall provide a minimum front yard of 75 feet from such public highway. No building, accessory building, parking lot or utility area shall be located in any such front yard. A landscaped or natural buffer zone of 50-foot width shall be maintained along such public highway and may not be used for any recreation space.

  • (2) Distance between multifamily buildings on same lot. The minimum distance between two buildings or any two rows of buildings substantially parallel to each other shall be 50 feet. The minimum distance between abutting ends of buildings in the same general plane or row shall be 25 feet, if such walls contain no windows serving habitable rooms, otherwise the minimum distance shall be 50 feet. The minimum distances between multifamily buildings on the same lot shall be ten feet in the R-6 zoning district. There shall be no minimum distances between multifamily buildings on the same lot in the Downtown or waterfront zoning districts.

  • (3) Distance between multifamily buildings and property line. The minimum distance from side and rear property lines shall be 50 feet. The minimum distance from side and rear property lines shall be 10 feet in the R-6 zoning district. There shall be no minimum distance from side and rear property lines in the Downtown or Waterfront zoning districts. Accessory buildings shall adhere to the same side yard requirements.

  • (4) Rubbish disposal. Where a multifamily building is included in a land development project, a plan for rubbish disposal shall be submitted by the developer, and such plan shall include provision for interior or enclosed storage of all rubbish. Where enclosed storage is provided, it shall be of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and all utility areas shall be properly screened and buffered from all buildings and property lines.

  • (5) Parking lots; distance from buildings. No parking area, driveway or utility area shall be located within 15 feet of any wall of a principal building (except a garage) used for residential purposes along which is located an entrance or exit generally intended for use by residents thereof or along which are located residential windows less than ten feet above ground level. All parking spaces and areas shall be suitably surfaced and not located on any access road.

  • (6) Walkways. Pedestrian walkways shall be provided for all multifamily dwellings to provide safe and convenient access. Pedestrian crossings at edges of the development shall be safely located and marked.

  • (7) Permitted accessory uses. Customary uses accessory to residential dwellings are permitted such as laundry and drying facilities, refuse collection, lounges, sales offices, etc., which are intended for the residents thereof.

  • (8) Townhouse criteria. Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than six townhouses shall be in the same structure. Each townhouse shall have an open space containing not less than 400 square feet, reasonably secluded from view from streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.

• (e) Commercial development standards. Where commercial uses are otherwise allowed as part of a land development project, the following standards shall apply.

  • (1) Market analysis. The amount of area and type of commercial facilities allowed in a rehab land development project shall be based on a market analysis prepared and signed by a market analyst and reviewed by the planning board. The planning board may require its own market analysis done by an analyst chosen by the board, to be paid for by the developer. The market analysis shall demonstrate that the amount of land proposed is needed for, and can realistically be supported in, commercial use. Calculations of area for commercial use shall include that land necessary for any structures, buffers, parking for and ingress/egress to commercial area. In calculating the potential market area, road travel distances (and not radii) shall be used.

  • (2) Buffer. There shall be a landscaped buffer between any commercial structure and any residential structure within a land development project. Such landscaping shall provide an effective visual and acoustical screen between the commercial and residential uses. Such a buffer can be of natural vegetation or a double row of compact evergreens at least four feet tall.

  • (3) Layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect any residential character within a land development project and desirable character in any adjoining neighborhood.

  • (4) Combination with recreational facilities. At the discretion of the planning board, commercial uses may be developed in combination with community recreational facilities for land development project and neighborhood residents.

• (f) Road standards. Roads in a land development project may be private or public and shall adhere to the standards of the town subdivision and development review regulations.

• (g) Drainage standards. An engineer engaged by the town, at the developer's expense, shall review all drainage plans and calculations to ensure that no net increase of run-off shall result. The plans shall be reviewed to ensure that the drainage in the planned development will not adversely impact adjacent properties. Drainage shall be designed and constructed according to the standards and requirements of the Bristol Subdivision and Development Review Regulations.

• (h) Walkway standards. Walkway standards shall be as follows:

  • (1) General requirements. All land development projects shall be provided with safe, convenient, durable, all-season pedestrian access of adequate width for intended use between individual buildings, the streets and all community facilities provided for residents. Sudden changes in alignment and gradient shall be avoided.

  • (2) Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet.

  • (3) Individual walks. All buildings, other than detached single-family or two-family buildings, shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet.

• (i) Open space. Certain land development projects require that a percentage of the land area of the total tract, exclusive of land devoted to roads, driveways, easements or drainage facilities, including detention ponds, shall be devoted to open space.

  • (1) Multiple parcels. Common open space may be in one or more parcels of a size and shape appropriate for its intended use as determined by the planning board.

  • (2) Ownership. All such open space land shall either be conveyed to the town and accepted by it for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway.

• (j) Special regulations. Special regulations shall be as follows:

  • (1) Emergency access. Egress for municipal and emergency vehicles shall be approved prior to approval of the land development project.

  • (2) In-ground utilities. The planning board may require that public utilities in a land development project may be placed in roadways, subject to the granting of easements to the respective utility companies to enter upon such roadways to repair, replace and maintain appurtenances and equipment installed in connection with the use of such utilities, whether such roadways are public and private.

  • (3) Dedication or payment in lieu thereof. The planning board, pursuant to the town subdivision and development review regulations, may require the dedication of sites to the town for development of public schools, fire stations and other public services, or payment of a certain sum of money in lieu of such dedication.

  • (4) Phasing. The timing of development shall be controlled through the issuance of building permits and shall be scheduled at a rate, dwelling units per year, which would not create excessive demand on municipal facilities and services, including sewer and water facilities, roads and storm drains. The planning board may set a rate of development during the application process and require phases to be established.

(Amend. of 1-27-21)

• (a) Purposes. As stated in the comprehensive plan and in conformance with the RIGL §§ 45-24-30 and 45-24-47, the purposes of this section are as follows:

  • (1) To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, coastal areas, flood plains and wetlands, by setting them aside from development.

  • (2) To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development, and to offer an alternative to conventional subdivision development.

  • (3) To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.

  • (4) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.

  • (5) To implement adopted municipal policies to conserve a variety of irreplaceable cultural and historical resources and environmentally sensitive resource lands as set forth in the comprehensive plan.

  • (6) To implement adopted land use, transportation, and community policies, as identified in the comprehensive plan.

  • (7) To protect areas of the town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.

  • (8) To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.

  • (9) To provide for the conservation and maintenance of open land within Bristol to achieve the above-mentioned goals and for active or passive recreational use by residents.

  • (10) To provide options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).

  • (11) To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.

  • (12) To conserve scenic views and elements of Bristol's New England character, and to minimize perceived density, by minimizing views of new development from existing roads.

• (b) Resource conservation and creative development land development project ("RCCD-LDP"). RCCD-LDPs are intended for the purpose of promoting the conservation of open space, scenic views, unique natural, cultural and historical resources and the efficient use of land in harmony with its natural features. This is accomplished by allowing reduced lot sizes and locating lots on part of the overall parcel with the remaining area to be maintained as open space. The plans and design standards for the development shall be such as to create architecture and landscaping which are attractive and outstanding, and are in harmony with the open space. These developments may include limited commercial uses to serve the residents of the land development project and reduce the need for automobile travel.

• (c) Zones where required and optional.

  • (1) Required. The following development options are required:

    • a. In the R-80, R-40 and in any resource conservation and creative development overlay (the RCCD overlay zone) a conservation development land development project shall be required.

  • (2) Reserved.

  • (3) Process for review. A RCCD-LDP shall be reviewed in accordance with the subdivision and development review regulations under the following classifications:

    • a. Uses in accordance with subsection 28-283(f)(1) with five or less units and where a new street creation or extension is not required shall be a minor land development project and without a public hearing being required.

    • b. Uses in accordance with subsection 28-283(f)(1) with not more than five units where a new street creation or extension is required shall be a minor land development project with a public hearing.

    • c. Uses in accordance with section 28-283(f)(1) or (2) with more than five units, or where a waiver or modification is required or where phasing is proposed shall be a major land development.

  • (4) Waiver. In accordance with the provisions of the town subdivision and development review regulations, the planning board may grant a waiver from such regulations where such waiver is in the best interest of good planning practice and/or design as evidenced by consistency with the town's comprehensive plan and this chapter. Pursuant to section 8.6 of the regulations, and only with the appropriate findings as set forth therein, such waiver may include provision for a so-called "conventional" subdivision, but only in accordance with the aforementioned standards. The planning board shall make such decision no later than master plan approval.

• (d) Minimum size of development and minimum percentage of open space. There shall be at least 50 percent open space. Only half of the required open space may be wetlands.

• (e) Computation of maximum number of dwelling units. Computation of the maximum number of dwelling units shall be as follows:

  • (1) Density does NOT equate to minimum lot size. The initial maximum density shall be determined by calculating the number of dwelling units (or households) which could reasonably be expected to be developed upon the site under a plan of a conventional subdivision or land development project that depicts the number of dwelling units on a parcel of land, taking into account physical constraints to development (known as a yield plan). The maximum number of dwelling units on the yield plan, as approved by the planning board as part of master plan approval, shall be known as the "initial maximum number".

  • (2) The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and of the engineering specifications for such yield plan. Yield plans shall be prepared as conceptual layout plans in accordance with the pre-application checklist of the regulations. Yield plans shall show proposed streets, lots, rights-of-way, stormwater management facilities, land unsuitable for development and other pertinent features. Although the yield plan must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of lands unsuitable for development and specific area required for preservation as defined in the regulations, existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.

  • (3) The yield plan shall meet all conventional zoning and subdivision requirements, including minimum buildable area requirements, and shall not assume that any waivers or variances will be granted.

  • (4) The initial maximum number determination shall be made during the master plan stage of review. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the planning board may increase or reduce the number of lots/dwelling units contained in the initial maximum number. In developments that require alterations to be made to freshwater wetlands, the board may establish an initial maximum number contingent upon confirmation by the Rhode Island Department of Environmental Management that such alterations are permitted under the provisions of the Freshwater Wetlands Act. For all developments, the final initial maximum number shall be determined as part of the master plan stage of review.

  • (5) In addition to the initial maximum number, the planning board may grant zoning incentives, pursuant to the RIGL § 45-24-47, to adjust the maximum density for the entire development; provided, however, that the maximum number of permitted new dwelling units shall not be increased by a factor of more than 1.3 above the initial maximum number where granted multiple zoning incentives as provided below. The initial maximum number of units plus any units allowed as zoning incentives shall equal the "basic maximum number" or units.

    • a. Reserved.

    • b. If the planning board determines that the amount of open space area provided in the entire RCCD-LDP exceeds the minimum required 50 percent, the initial maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

      Amount of Open Space Provided	Increase in Density Factor
      60%—67%	10%
      67%—75%	20%
      75% or greater	30%

 

• • • c. If the planning board determines that at least one-third of the provided open space area is suitable for dedication to public use (including active and passive recreation areas) and such dedication to the public is made in perpetuity, the initial maximum number of permitted dwelling units in the development may be increased by a factor of 20 percent. The decision whether to accept an applicant's offer to dedicate open space land to public usage within a proposed subdivision shall be at the discretion of the planning board, which shall be guided by the comprehensive plan, particularly those sections dealing with active and passive recreational facilities.

    • d. Notwithstanding the maximum density increase factor of 30 percent, the planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by this one additional dwelling unit. Any dwelling unit granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling.

• (f) Permitted uses. Permitted uses shall be as follows:

  • (1) Underlying zone. Any uses permitted in the underlying zone shall be permitted in the CD-LDP.

  • (2) Additional uses. The following uses shall be permitted, subject to the planning board's determination that such uses as proposed form a harmonious mixture for the subject site:

    • a. Agricultural: Gardening and raising of crops, raising of animals for profit or consumption.

    • b. Institutional and governmental services: Family day care home with six or less persons, day care, cemetery, church, synagogue or religious educational building, monastery/convent, library, museum, fire station, schools: K-12.

    • c. Service business: Restaurant, cafe, or deli without liquor sales, laundry, self-service dry cleaning without on-site plant. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.

    • d. Retail business: Bakery, book store, book store/cafe, convenience store, florist, general merchandise store, gift shop, grocery store, newsstand, pharmacy, variety store. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.

    • e. Recreation: Camp for boys or girls, riding stable, golf course, playground/park, open space (in addition to the mandatory open space), nonprofit community center, yacht club/marina.

• (g) Minimum lot area. The minimum lot area shall be as follows:

Where individual lots are created, the following minimum lot sizes shall be maintained.

• • (1) Community water and sewage service. Where a public water system or a community well, and a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 7,500 square feet.

  • (2) Community water or sewage service. Where a public water system or a community well, or a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 10,000 square feet.

  • (3) Neither community water nor sewage service. Where neither a public water system or a community well, nor a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 40,000 square feet.

  • (4) Notwithstanding the foregoing, if the condominium form of ownership is utilized, no minimum lot (or unit) size need be established, provided all other health and safety requirements (such as minimum distance between wells and septic systems) and dimensional requirements (such as the dimensional requirements set forth elsewhere in this article IX) are met.

• (h) Minimum frontage. The minimum frontage on a public road of the parcel for development proposals shall be at least 50 feet in all residential districts. Additional frontage may be required if more than one access road is deemed necessary by the planning board.

• (i) Design standards. In addition to the general requirements for land development projects in section 28-282, the following design standards are required.

  • (1) See section 28-282(d) for the multi-family development standards:

    The following setbacks are required for all residential units and the following uses:
    From cropland or pasture land	100 feet
    From buildings or barnyards housing livestock	300 feet
    From active recreation areas such as tennis courts or playing fields (not including tot-lots)	150 feet

 

• • (2) Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

  • (3) House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.

  • (4) Streets may be publicly or privately owned and maintained. Streets and sidewalks shall be designed to conform with the standards of the town in the Subdivision and Development Review Regulations where the street is or may be ultimately intended for dedication and acceptance by the town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the planning board.

  • (5) At least 50 percent of the lots shall directly abut, or face unobstructed across a street open space.

  • (6) No portion of any house lot may be used for meeting the minimum required open space. However, where the open space is used for active agricultural use, a dwelling unit may be provided for a live-in caretaker/manager of such active use, and such area may still be used to meet the minimum required open space.

  • (7) Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to open space.

• (j) Protection, management and ownership of buffer and open space.

  • (1) The open space that is required to be reserved and created shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities.

  • (2) The following methods may be used, either individually or in combination, to own common facilities. However, open space shall be initially offered for dedication to the Town of Bristol. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the Conservation Land ratio of the overall development. Ownership methods shall conform to the following:

  • (3) Fee simple dedication to Bristol. The Town of Bristol may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the town and the town agrees to and has access to maintain such facilities.

  • (4) Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant Rhode Island law. All open land and common facilities shall be held as "common element".

  • (5) Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:

    • a. The applicant shall provide the town a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

    • b. The proposed association shall be established by the owner or applicant and shall be operating (with financial capitalization by the owner or applicant, if required by the planning board) before the sale of any dwelling units in the development.

    • c. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.

    • d. The association shall be responsible for maintenance and insurance of common facilities.

    • e. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.

    • f. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the town no less than 30 days prior to such event.

  • (6) Private conservation organization. With permission of the planning board, a developer may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization provided that:

    • a. The conservation organization is acceptable to the planning board and is a bona fide conservation organization intended to exist indefinitely;

    • b. The conveyance contains appropriate provisions for proper reverter or re-transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;

    • c. The open space is permanently restricted from future development through a conservation easement and the town is given the ability to enforce these restrictions; and,

    • d. A maintenance agreement acceptable to the planning board is established between the owner and the organization.

  • (7) Dedication of easements to Bristol. The town may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility shall remain in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements shall be held by the town.

  • (8) Maintenance.

    • a. Unless otherwise agreed to by the planning board, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.

    • b. The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation lands and operation of common facilities (the "plan") in accordance with the following requirements:

      • 1. The plan shall define ownership;

      • 2. The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);

      • 3. The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

      • 4. At the planning board's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and,

      • 5. Any changes to the plan shall be approved by the board.

      • 6. In the event that the organization established to maintain the open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the town may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

      • 7. The town may enter the premises and take corrective action, including maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the town in the land evidence records.

(Ord. No. 2015-14, 12-2-15; Amend. of 1-27-21)