Bristol
Town of Bristol Zoning Ordinance
§ 28-150

Special use permit standards for various uses

  • (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)