Town of Charlestown Zoning Ordinance

ARTICLE I General Provisions

§ 218-1. Authority/severability.

• A. Authority. Pursuant to the authority granted by Rhode Island General Laws § 45-24-27 to 72, also known as the Rhode Island Zoning Enabling Act of 1991, and as hereafter amended from time to time, The Town Council shall have the power to adopt or amend a zoning ordinance. The following Zoning Ordinance is hereby adopted.

• B. Severability. If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of any other section, clause, provision or portion of this Ordinance.

§ 218-2. Purpose/consistency with Comprehensive Plan/state laws.

• A. Comprehensive Plan. The Zoning Regulations set forth in this Ordinance are adopted to be consistent with the Town of Charlestown Comprehensive Plan 1991, and any amendments thereto. The Regulations are made with reasonable consideration, to preserve the rural character of the Town, to encourage the most appropriate use of land, to enhance the beauty of the community, to be consistent with the RI CRMC SAM Plan and to protect the character of neighborhoods. This Ordinance shall be construed in a manner that will further the implementation of the goals and policies and applicable elements of the Town of Charlestown Comprehensive Plan 1991, and any amendments thereto.

• B. Purposes. Adopted pursuant to R.I. Gen. Laws § 45-22.2 for the following purposes that are intended to be given equal priority and are numbered for reference only:

• • (1) Promoting the public health, safety, and general welfare.

• • (2) Providing for a range of uses and intensities of use appropriate to the rural character of the Town and reflecting current and expected future needs.

• • (3) Providing for orderly growth and development that recognizes:

• • • (a) The goals and patterns of land use contained in the adopted Comprehensive Plan and foster the Plan's implementation.

• • • (b) The natural characteristics of the land, including its suitability for use based on soils characteristics, topography, and susceptibility to surface 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) Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

• • (5) Providing for the protection of the natural, historical, cultural, and scenic character of the Town or areas therein.

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

• • (7) Providing 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) Promoting 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) Promoting safety from fire, flood, and other natural or man-made disasters.

• • (10) Promoting quality in design of private and public facilities.

• • (11) Providing for coordination of land uses and resources with contiguous Towns, the State, the Narragansett Indian Tribe, and other agencies, as appropriate.

• • (12) Providing for efficient review of development proposals, and to clarify the zoning approval process.

• • (13) Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances and special use permits.

• • (14) Promoting an economic climate that increases quality job opportunities and the overall wellbeing of the Town.

§ 218-3. Conformity required.

No land shall be used and no building, structure or sign shall be erected, demolished, modified, enlarged or used unless it conforms to applicable sections of the Ordinance. Every building, structure or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this Ordinance, and in no event shall there be more than one principal use, together with its accessory buildings, on one lot except as otherwise permitted by this Ordinance.

§ 218-4. Vested rights.

Vested rights shall relate to the review of an application should the zoning ordinance change before the review process has been completed. Applications for development that are submitted and have been deemed complete before enactment of this Ordinance shall have vested rights to proceed with the application process according to the regulations applicable of the Zoning Ordinance in force at the time the application was submitted and deemed complete. Projects for which a currently valid building permit is in effect shall have vested right to proceed and comply with the Zoning Ordinance in force under which the permit was issued.

§ 218-5. Word usage and definitions.

• A. Word usage. As used in this ordinance, words used in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word used includes designed, intended or arranged to be used. The word shall is mandatory. The word may is permissive. The word building includes the word structure. The word lot includes the word plot. The word land includes the words marsh and water.

• B. Terms defined. Words or terms used in this ordinance are defined according to the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988 and the Rhode Island Zoning Enabling Act of 1991 and shall have the meanings stated therein. Definitions from the Rhode Island Zoning Enabling Act are preceded by an asterisk (*). Additional words and phrases are consistent with the Town of Charlestown Comprehensive Plan 1991 and to be consistent with the RI DEM "Rules and Regulations for Groundwater Quality," May, 1995, and amendments thereto. The following terms and words are defined for use in this Ordinance.

• ABATTOIR
  A place where animals are slaughtered.

• ABUTTER
  One whose property adjoins at a border, boundary, or point with no intervening land.

• ACCESS
  An entrance way for vehicles to leave or enter a property from a public road.

• ACCESSORY DWELLING UNIT
  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.[Added 1-8-2024 by Ord. No. 4072; amended 11-12-2024 by Ord. No. 424]

• ACCESSORY USE
  A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. Such accessory use is restricted to the same lot as the principal use. An accessory use is permitted without the principal use to which it is related by special use permit only.

• ACCOUNTING/ BOOKING SERVICES
  Space in a building used for the purposes of providing products and items related to the services of a certified accountant or bookkeeper.

• ACRE
  A measure of land area containing forty-three thousand, five hundred and sixty square feet.

• ADULT DAY CARE CENTER
  Any building or structure which is used to provide supervision for persons who are 18 years of age or older who may be elderly, physically ill, infirm, or physically handicapped such that they require daily supervision and medical treatment incidental to such supervision. The term does not include uses which provide residential, surgical, medical, or special treatment as relates to housing persons who have a chronic illness, disease or injury, or other condition that would require the degree and treatment provided by a nursing home or hospital.

• ADULT ENTERTAINMENT
  Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude. Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or showing of the covered male genitals in a discernibly turgid state. Adult entertainment shall also be construed to mean actual or simulated acts of sexual activity by clothed or nude individuals and includes both live exposure and film or video. Any bookstore, novelty store, video store, or any commercial establishment in which more than twenty-five (25) percent of the in-store inventory contains, for sale, rental or display, pictures, written material or any type of reproduction of human anatomy which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, or contain instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities.

• ADVERTISING SALES OFFICE
  Space in a building used for the providing of expertise to create and sell advertising for clients.

• AFFORDABLE HOUSING PLAN
  (As used in ARTICLE V) A component of a housing element, as defined in § 45-22.2-4(33),3 to meet housing needs in a city or town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).

• AGGRIEVED PARTY
  An aggrieved party, for purposes of this Ordinance shall be: (1) Any person or persons or entity who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (2) Anyone requiring notice pursuant to this ordinance.

• AGRICULTURAL LAND
  Any land of five contiguous acres or larger that by reason of soil suitability or other natural characteristics is suitable for agriculture as defined in R.I. Gen. Laws § 45-22.2-4.

• AGRICULTURAL OPERATIONS
  218-104 (partial) The purpose of this Section is to encourage farming and agricultural operations in the Town that follow established best management practices as published by the Rhode Island Department of Environmental Management, Division of Agriculture and the United States Department of Agriculture, Natural Resource Conservation Service. It is also to encourage farming and agricultural operations in addition to principal agricultural activities conducted on the site and the retail sales of certain farm and farm-related products.

• AGRICULTURE
  The use of land for agricultural purposes, including farming, dairying, pasturages, apiculture, horticulture, floriculture, turf farming, and animal and poultry husbandry. Also the necessary accessory uses for packing, treating, or storing the produce, provided that the operation of any such accessory use shall be secondary to that of the normal agricultural activities on that land or premises.

• AIR CONDITIONING/ HEATING/ PLUMBING SERVICES
  Land, buildings, or structures used for the purposes of providing products and maintenance related to the provision of air conditioning, heating, and plumbing utilities.

• AIRPORT
  The use of land, building, or structures for landing, storing, taxiing, or taking off of aircraft.

• ALTERATION
  A change or rearrangement in structural parts or an enlargement.

• AMBULANCE SERVICES
  A facility used for the purposes of housing vehicles that transport the sick or injured.

• AMUSEMENT PARK
  A commercial/recreational establishment where permanent buildings or structures have been erected for the purposes of fantasy entertainment, a circus or carnival or similar exhibition or midway show or sideshow and where one or more of the following classes of amusement or recreation are also provided:

• • (1) Multiple mechanically or electrically operated rides;

• • (2) A place of amusement or fantasy;

• • (3) A restaurant or food courts.

• • ANIMAL HOSPITAL/VETERINARY OFFICE
    Space in a building used for the purpose of giving medical or surgical treatment to animals. Kennel use is limited to short time boarding and incidental to such hospital use.

• • ANIMATED SIGN
    A sign manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical or other means.

• • ANTIQUE/COLLECTIBLES STORE
    Space in a building used for the purpose of selling personal property of a former period and objects typically collected in sets.

• • APPAREL/ACCESSORY SHOP
    Space in a building used for the purpose of the retail sales of clothing and clothing accessories.

• • APPAREL MANUFACTURING
    The use of land, buildings, or structures for the manufacturing of clothing items.

• • APPLICANT
    An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

• • APPLICATION
    The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

• • APPROVED AFFORDABLE HOUSING PLAN
    (As used in ARTICLE V) An affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in §§ 45-22.2-8, 45-22.2-9, or 45-22.2-12.5

• • AQUIFER
    A geologic formation, group of formations, or part of a formation that is capable of yielding significant amounts of water.

• • ARBORETUM
    Land, buildings, or structures used for the scientific study and public display of various species of trees and shrubs.

• • ARCHITECTURAL/ PLANNING/ ENGINEERING SERVICES
    Space in a building used for the purpose of providing products and items related to the services of registered professional architects, planners or surveyors, or engineers.

• • ART CENTER
    A building, place or area where paintings, sculptures, or other works of art are exhibited by an educational, non-profit organization.

• • ART GALLERY
    Space in a building used for the purpose of exhibiting and/or selling paintings, sculptures, or other works of art.

• • ARTS & CRAFTS SUPPLY STORE
    Space used in a building for the retail sales of materials and supplies used by visual artists for their art making and artisans for the creation of handicraft items. Finished objects may also be sold. If educational lessons are offered see definition for Art Studio/ Workshop.

• • ART STUDIO/ WORKSHOP
    A place of work for an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, painting, sculpture, vocal or instrumental music and writing. Artists, artisans or craftspeople whose processes involve furnaces, kilns, forges or other such equipment will need a special use permit which will consider issues of noise, fumes, toxic gasses, flames, etc. No outdoor processing space shall be allowed.

• • ASSISTED LIVING/ SKILLED CARE
    A facility or part of a facility that is licensed or regulated to provide health care under medical supervision for 24 or more consecutive hours, to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.

• • ATHLETIC/ PLAY FIELD
    Land that is landscaped and equipped with children's equipment such as slides and swings and/or areas for sporting games.

• • ATHLETIC/ SPORTING GOODS STORE
    Space in a building used for the purpose of retail sales of items relating to competitive sports or active recreational activities.

• • AUCTION BARN
    Space in a building used for the purpose of offering goods for sale to persons who bid on objects.

• • AUTOMATIC COMMERCIAL CAR WASH
    A structure used for the cleaning or washing of automobiles through the application of cleaner, brushes, water and heat.

• • AUTOMOBILE MANUFACTURING
    The use of land, buildings, or structures for the manufacture of self-propelled wheeled vehicles and/or parts to those vehicles.

• • AUTOMOBILE REPAIR, MAJOR
    The use of land, buildings or structures for general repair, engine rebuilding or reconditioning, collision service, such as body, frame or fender straightening and repair, overall painting and undercoating of automobiles. The term does not include dismantling or storage of wrecked or junked vehicles.

• • AUTOMOBILE REPAIR, MINOR
    The use of land, buildings or structures for replacing parts of motor vehicles including, but not limited to, engine tune-up, tire, brake, and electrical services.

• • AUTOMOBILE STORAGE
    An area where automobiles are held after accidents, towing, motor vehicle violations, etc.

• • AUTOMOBILE WRECKING/ RECYCLING YARD
    An establishment that disassembles, dismantles, and disposes of vehicles. Parts may or may not be sold at the establishment.

• • AUTOMOTIVE RENTAL AGENCY
    The use of land, or building or structures where motor vehicles are stored for lease or rented and where such motor vehicles may be dropped off or picked up.

• • AUTOMOTIVE SUPPLY STORE
    Space in a building used for the purpose of retail sales of items relating to automobiles or motor vehicles. It does not include automotive or motor vehicle repairs as accessory uses.

• • BAIT/ TACKLE SHOP
    Space in a building used for the purpose of retail sales of lure food used in the taking of fish or birds and equipment used in such sports.

• • BAKERY/ WHOLESALE
    An establishment engaged in the mixing and compounding of baked goods for wholesale distribution where there is no retail sales on the premises.

• • BAKE SHOP/ RETAIL
    Space in a building used for the purpose of the sale of retail baked goods including baking for retail sale on the premises.

• • BANK
    Space in a building used for the purpose of depositing, keeping, lending or exchanging money.

• • BANNER
    A sign made of a non-rigid surface such as cloth, fabric, or paper with no enclosing framework.

• • BANQUET HALL
    Space in a building used for the purpose of entertaining a large group of people for specific functions such as banquets or weddings. It includes the consumption of food and drink.

• • BASE FLOOD
    The flood having a one percent possibility of being equaled or exceeded in any given year.

• • BATCH PLANT
    The use of facilities designed to stockpile materials and/or actual production of asphalt and concrete or asphalt and concrete products.

• • BATHING BEACH
    An area dedicated primarily for sun bathing and swimming and includes accessory parking and sanitary facilities.

• • BED AND BREAKFAST
    A new single family dwelling in which the principal use is the single family residence; and, as an accessory use, no more than three bedrooms are made available for transient overnight occupancy for compensation. A single family dwelling unit in existence on the effective date of this Ordinance may make available up to six bedrooms for transient overnight occupancy as an accessory use.

• • BICYCLE SHOP/ RENTALS
    Space in a building used for the purpose of retail sales, services and rentals of bicycles.

• • BILLBOARD
    Any sign or advertising device not related to a use on the lot on which it is located, regardless of its size or dimensions.

• • BLACKSMITH, WELDING OR MACHINE SHOP
    An establishment for the fabricating and/or machining of metals.

• • BOARD
    The Zoning Board of Review of the Town of Charlestown.

• • BOAT/ MARINE MANUFACTURING
    The use of land, buildings, or structures for the manufacture of small craft which navigate on water.

• • BOAT/ MARINE SHOP
    Land, buildings, or structures used for the retail sales and maintenance services for boats and marine related items.

• • BOOK STORE
    Space in a building used for the purpose of retail sales of printed materials such as books, magazines, and periodicals.

• • BOTANICAL GARDEN
    Any land, buildings, or structures used for the scientific study and public display of various species of plants and plantlife.

• • BOUTIQUE
    Space in a building used for the purpose of retail sales of fashionable, specialty clothing items and accessories.

• • BREWERY, DISTILLERY
    An establishment for production and wholesale distribution of alcoholic beverages.

• • BUFFER
    Land that 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.

• • BUILDING
    Any structure used or intended for supporting or sheltering any use or occupancy.

• • BUILDING ENVELOPE
    The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by building setbacks, maximum height, bulk, or other regulations, and/or any combination thereof.

• • BUILDING FOOTPRINT
    The building footprint shall be calculated by measuring the exterior dimensions of a structure, excluding decks, porches, breezeways, courtyards and subject to the discretion of the Building Official.

• • BUILDING HEIGHT
    The vertical distance from average natural grade of land before excavation to the highest point of the roof or structure of the building. The distance includes spires and flag poles. It does not include chimneys for single family homes.

• • BUILDING SUPPLY/ LUMBER OUTLET
    An establishment that engages in the wholesale or retail sale of lumber and allied products that are used in the construction industry.

• • BULK FUEL DEPOT
    The use of land, buildings, or structures for the bulk storage and distribution of fuels and oils. It does not include retail sales or accessory uses to a principal business.

• • BUSINESS/ CONSULTING SERVICES
    Space in a building used for the purpose of providing advice and expertise relating to business matters for profit.

• • BUS STOP
    An area at which passengers may board or disembark from a bus and may include a small shelter having three walls designed for the protection and convenience of bus passengers. Public school buses are not included in this definition.

• • CABLE/RADIO/ TV STUDIO
    Any land, buildings, or structures where cable, radio, or television show or shows are produced from which the signals originate. It does not include transmission towers.

• • CANDY STORE
    Space in a building used for the purpose of primarily selling confectionery edibles.

• • CANNABIS
    As used in this ordinance, cannabis or marijuana means all parts of any plant of the genus cannabis, including but not limited to the seeds, resin, compound, salt, derivative, mixture, or use containing any amount of tetrahydrocannabinol.[Added 6-12-2023 by Ord. No. 401]

• • CANNABIS RETAILER
    An entity licensed by the Rhode Island Cannabis Control Commission as a Cannabis Retailer or a Marijuana Retailer to purchase or deliver cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Unless licensed, retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Cannabis or Marijuana Establishment.[Added 6-12-2023 by Ord. No. 401]

• • CANNABIS RETAIL STORE
    An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail store must be licensed to operate as a Cannabis or Marijuana Retailer in accordance with applicable state laws and regulations.[Added 6-12-2023 by Ord. No. 401]

• • CANOPY SIGN
    A sign that is part of or attached to an awning, canopy, or other material as a protective cover over a door, entrance, window, walkway or outdoor service area.

• • CAPACITY
    Actual and permanent seats within a public school system to serve the needs of Town residents. Effective capacity is a function of number of seats that meet the school's educational goals with a fully functioning facility that includes not just classroom seats, but also support core facilities, such as space for art, music, vocational training, gym, lunchroom, toilets, library, outdoor play area, and carrying capacity of the land to withstand additional septic discharge. Double sessions or even interim installation of trailer classrooms do not add capacity nor do they solve the problem of effective capacity.

• • CAPITAL IMPROVEMENT PROGRAM
    (As used in ARTICLE XV) That component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;

• • CAPITAL IMPROVEMENTS
    (As used in ARTICLE XV) Improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;

• • CARPENTRY/ CONSTRUCTION/ CONTRACTING SERVICES
    Land, buildings, or structures used for the purposes of providing services relating to the assembly, finishing, and repairing of wooden objects, and the business of building.

• • CATERER'S ESTABLISHMENT
    Space in a building used for the purpose of preparing quantities of food and beverages to be consumed off the premises. Does not include a restaurant establishment.

• • CEMETERY/ COLUMBARIUM/ CREMATORIUM
    Property used for the interring of human bodies which may and include land, structures, or buildings for the cremation of human remains, facilities for the storing of ashes of human remains or the interment of human remains in sealed crypts or compartments.

• • CHANGEABLE COPY SIGN
    A sign that is designed so that characters or letters can be manually changed or rearranged without altering the face or surface of the sign.

• • CHARITABLE HOUSING ORGANIZATION
    WORKSHOP — A structure used by a non-profit business entity for carpentry and wood-working, including construction, assembly, and storage of building components for the affordable housing industry, and which may also be used to provide for a single-family style apartment for use by volunteers and interns. All construction activities must take place indoors, and all construction materials and finished building components must be stored inside a structure.[Added 3-11-2024 by Ord. No. 413]

• • CHARITABLE INSTITUTION
    Space in a building used for the purpose of giving help to those in need.

• • CHURCH/PLACE OF WORSHIP
    Space in a building maintained by an organized religious body, where people on a regular basis assemble for worship.

• • CLUB/ SERVICE ORGANIZATION
    Buildings and/or facilities owned or operated by a corporation, association, persons or persons for a social, educational or recreational purpose, but not primarily for profit and not to render a service that is customarily carried on as business.

• • CLUSTER
    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 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 for one or more uses. Under cluster development there is no increase in the number of lots than would be permitted under conventional development.

• • COASTAL FEATURES
    As defined in R.I. General Laws § 46-23.

• • COLD STORAGE LOCKER
    A building whose principal use is for the storage of frozen food.

• • COLD WATER STREAM
    Coldwater fishery means waters in which naturally occurring water quality and/or habitat allow the maintenance of naturally reproducing indigenous coldwater fish populations.[Added 8-31-2022 by Ord. No. 397]

• • CO-LOCATION
    More than one wireless communications provider mounts equipment and accessories on a single support structure, tower, or pole at a site.

• • COMMERCIAL HELIPORT
    The use of land, buildings or structures for the landing and taking off by helicopters to pick up and discharge passengers and cargo.

• • COMMERCIAL KENNEL
    A commercial establishment for the keeping, training, raising, breeding of more than four dogs and other domestic animals excluding livestock for profit or gain, but shall not apply to keeping of animals for observation and/or recovery necessary to veterinary treatment.

• • COMMERCIAL PARKING LOT/STRUCTURE
    The use of land, or building, or structures for parking motor vehicles, for public or private purposes for a fee.

• • COMMERCIAL PRINTING SHOP
    Land, building or structures where an establishment is located that provides duplicating services/printing equipment that may utilize hazardous materials.

• • COMMERCIAL RIDING STABLE
    A stable with capacity for three or more horses, mules, or other farm animals that are let, hired, used or boarded on a commercial basis for compensation.

• • COMMERCIAL USE
    An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

• • COMMODITY/ MORTGAGE SERVICES
    Space in a building used for the purpose of providing services relating to commercial items, goods, financial items, stocks, or banking services.

• • COMMON OWNERSHIP
    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.

• • • COMMUNICATION/ BROADCAST SERVICES
      Any land, buildings, or structures where a system for sending ideas, messages, or information is transmitted to an area. It does not include transmission towers.

• • • COMMUNITY CENTER
      Land, building or structures used for community activities and controlled by the Town or an agent thereof.

• • • COMMUNITY RESIDENCE
      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 retarded children or adults reside in any type of residence in the community, as licensed by the State pursuant to R.I. Gen. Laws § 40.1-24-1.

• • • • (2) Group home providing care or supervision, or both to not more than eight mentally disabled, and mentally or physically handicapped persons, and licensed by the State pursuant to R.I. Gen. Laws § 40.1-24-1.

• • • • (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. Gen. Laws § 42-72.1 .

• • • • (4) A community transitional residence providing care or assistance, or both, to less 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 such residence not less than sixty 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.

• • • • COMMUNITY WATER SUPPLY WELL
        A well that serves a community water system.

• • • • COMMUNITY WATER SYSTEM
        A public water system that serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

• • • • COMPREHENSIVE PLAN
        A comprehensive plan adopted and approved by a city or town pursuant to chapters 22.2 and 22.3 of this title.

• • • • CONSERVATION DEVELOPMENT
        The site planning and design process used to implement cluster subdivisions and land developments. Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, manages stormwater utilizing Low Impact Development (LID) techniques, and requires the set-aside of a permanent area of open space. This technique is further described in the Rhode Island Conservation Development Guidance Manual (DEM 2003). See § 218-52 of this ordinance.[Added 8-31-2022 by Ord. No. 397]

• • • • CONSERVATION OPPORTUNITY AREAS
        Important forest and rare habitat areas that have been defined and mapped by DEM in their Wildlife Action Plan. These areas include:[Added 8-31-2022 by Ord. No. 397] (1) Ecological land units.

• • • • (2) High value high vulnerability habitat.

• • • • (3) Natural Heritage sites.

• • • • (4) Core forests 250 acres or greater.

• • • • (5) Wildlife corridors.

• • • • CONSISTENT WITH LOCAL NEEDS
        (As used in ARTICLE V) Reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the city or town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:

• • • • (1) Low or moderate income housing exists which is:

• • • • (a) in the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-round housing units, is in excess of fifteen percent (15%) of the total occupied year-round rental units; or (b) in the case of all other cities or towns, is in excess of ten percent (10%) of the year-round housing units reported in the census.

• • • • (2) The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent (10%) of the year-round housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided in subdivision (2)(i).

• • • • CONSTRAINTS TO DEVELOPMENT
        [Amended 8-31-2022 by Ord. No. 397] (1) Freshwater wetlands, as defined by RIGL § 2-1-20 (1987), as amended, and any definitions contained in the rules and regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to RIGL § 2-1-20.1, as amended.

• • • • (2) Water bodies.

• • • • (3) Land located in any Special Flood Hazard Area or floodway, as shown on the Flood Insurance Rate Maps or floodway maps of the Town of Charlestown, dated October 16, 2013, and any revisions thereto.

• • • • (4) The following types of coastal features as defined in the RI Coastal Resources Management Program, as amended:

• • • • (5) Any area of the tract proposed to be developed equal to the area of any street, common private way, structural stormwater treatment practice not suitable for on-lot use due to safety and/or maintenance access needs, and/or utility rights-of-way, including drainage, gas or electrical power line easements.

• • • • (6) Any area of ledge and/or rock outcrops within four feet of surface.

• • • • (7) Cemeteries and required buffers, sites having historical or archeological value as determined by RI Historical Preservation and Heritage Commission or the Narragansett Indian Tribal Council, and sites supporting federally endangered species of fauna or flora.

• • • • CONTRACTORS YARD
        Land, buildings or structures of a general contractor/builder, landscaper, or snow plower where commercial vehicles and/or equipment are parked, dispatched and/ or stored.

• • • • CONVENTION FACILITY
        A building or portion of a building where facilities are provided for meetings for various purposes.

• • • • CONVENT/ RECTORY
        Space in a building used by members of a religious community for living together under established rules.

• • • • Ord. No. 380.

• • • • COPY
        The graphic content of a sign surface in letters, pictographic, symbolic, or alphabetical form.

• • • • COPY/ PRINT CENTER
        Space in a building used for the purposes of making copies of printed material and documents, designing and printing invitations, letterheads, etc. and may make black line copies of architectural drawings and plans.

• • • • CRAFT SHOP
        An establishment where a handicraft is conducted for gain or profit and may include sales and educational lessons on creating such handicrafts.

• • • • CRISIS INTERVENTION CENTER
        A place where short-term and temporary accommodation is provided for persons in emergency situations requiring immediate shelter and assistance for a short period of time.

• • • • CROP FARMING
        Land used for the growing and harvesting of agricultural products.

• • • • CURB-CUT
        A defined opening to provide vehicular access from a public road to a property.

• • • • CUT STONE/ STONE PRODUCTS SHOP
        Any land, buildings, or structures used for the retail sales of concreted earthy matter, mineral, or rock items and products.

• • • • DANCE STUDIO
        A place of work for a performing artist who is practicing and/or giving lessons in the art of dance between 8 a.m. and 8 p.m.

• • • • DAY CARE -- DAY CARE CENTER
        Any other day care center which is not a family day care home.

• • • • DAY CARE -- FAMILY DAY CARE HOME
        Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver, but may not contain more than eight individuals receiving day care.

• • • • DAYS
        Calendar days.

• • • • DAY SPA
        A facility whose services cater to the outer body health and beauty of persons. Lodging accommodations are not included.

• • • • DECENTRALIZED WASTEWATER TREATMENT FACILITY
        A facility that can serve two or more buildings in a limited area in the community as distinguished from a municipal facility that serves an entire town.

• • • • DECENTRALIZED WATER TREATMENT FACILITY
        A facility that can serve two or more buildings in a limited area in the community as distinguished from a municipal facility that serves an entire town.

• • • • DENSITY, RESIDENTIAL
        The number of dwelling units per unit of land.

• • • • DEPARTMENT STORE
        A general merchandising store offering a full range of goods, and which exceeds 5,000 square feet of floor area.[Amended 2-11-2019 by Ord. No. 380]

• • • • DETECTIVE/ PROTECTIVE SERVICES
        Space in a building used for the purpose of providing services relating to investigating crimes, obtaining evidence, and guarding one from injury, attack, or harm.

• • • • DEVELOPER
        (As used in ARTICLE XV) A person or legal entity undertaking development;

• • • • DEVELOPMENT
        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
        The process whereby the Town staff and/or the Planning Commission reviews the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this Ordinance. (Also called site plan review.)

• • • • DISCHARGE TO GROUNDWATER
        The intentional, negligent, accidental, or other release of any pollutant onto or beneath the land surface, in a location where it is likely to enter the groundwater of the state.

• • • • DISTILLATION PLANT
        Land, building or structures used for the distillation of alcohol, bones, wood, tar petroleum or any such products.

• • • • DIVING/ SCUBA SHOP
        Space in a building used for the purpose of retail sales and services related to underwater sports and where self- contained underwater breathing apparatus may be provided.

• • • • DOG DAYCARE/ TRAINING CENTER
        This service provides daytime, cage-free care, play, and supervision of dogs, completely indoors. It also provides behavioral training of dogs and instruction for owners to promote dog wellness and good behavior. This use does not include breeding or overnight boarding of dogs.

• • • • DRAINAGE SYSTEM
        A system for the removal of surface 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 and groundwater quality and the prevention and/or alleviation of flooding.

• • • • DRIVE-IN THEATER
        An outdoor theater consisting of a screen and parking area where people can watch movies from private automobiles. Restrooms and concession stand are usually associated with the facility.

• • • • DRIVE-THROUGH USE
        Any portion of a building or structure from which business is transacted directly with customers located in a motor vehicle during such business transactions.

• • • • DRIVING RANGE
        A public or private area operated for the purpose of developing golf techniques, but excluding golf courses.

• • • • DRUG STORE
        Space in a building where the primary business is the filling of medical prescriptions and the sale of drugs and medical supplies.

• • • • DRY CLEANERS, COIN OPERATED
        A building in which coin operated dry cleaning machines is made available for public use.

• • • • DRY CLEANING/ LAUNDRY OUTLET
        Space in a building used for the collecting and distributing of articles of clothing to be cleaned off premises. The premises may be used for the pressing of articles received.

• • • • DWELLING, MULTI-FAMILY
        A building consisting of three or more separate dwelling units.[Amended 12-9-2013 by Ord. No. 360]

• • • • DWELLING, SINGLE FAMILY
        A dwelling unit designed for and occupied by one family.

• • • • DWELLING, TWO-FAMILY
        A building designed exclusively for two dwelling units with occupancy by not more than two families.

• • • • DWELLING UNIT
        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.

• • • • ELECTRICAL CONTRACTOR SERVICES
        Land, buildings, or structures used for the purpose of providing services relating to the technology and circuitry of electricity.

• • • • ELECTRICAL SUPPLY STORE
        Space in a building used for the purpose of retail sales of supplies related to the provision of electricity.

• • • • ELECTRIC GENERATING PLANT
        The use of land, building, or structures to generate power.

• • • • ELECTRONIC MANUFACTURER
        The use of land, buildings, or structures to manufacture items of composed of electronic materials.

• • • • ELECTRONICS STORE
        Space in a building used for purpose of retail sales of components, devices, computers, computer products, and supplies related to electronics technology.

• • • • ELEMENTARY/ HIGH SCHOOL
        An institution certified by the State to educate school children with the ultimate goal of obtaining a high school degree.

• • • • EMPLOYMENT SERVICES
        Space in a building used for the purpose of providing advice and expertise related to finding jobs for people and finding people qualified to fill jobs.

• • • • ENTERTAINMENT (LIVE)
        Any play, review, scene, dance, song, performance, or act put on to entertain.

• • • • EXTRACTIVE INDUSTRY
        The extraction of soils and/or 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 operations, 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
        A person or persons related by blood, marriage or other legal means. See also Household.

• • • • FARMER'S MARKET
        The use of land, buildings, or structures, or part thereof for the purposes of selling fruit and vegetables to the general public.

• • • • FARM RETAIL SALES BUILDING
        A single building or group of buildings located on a farm, the principal use of which is the sale of agricultural products at retail to the general public.

• • • • FARM STAND
        A freestanding structure or farm vehicle which does not exceed 200 square feet in total floor area and 12 feet in height used only for the sale of seasonal farm products, the major portion of which are grown or produced on the premises. Farmstands may be structures or may be farm wagons or trailers.

• • • • FARM SUPPLY DEALER
        The use of land, building or structures where farm equipment and supplies are offered for retail sale. It shall not include any other establishment as defined by this Ordinance.

• • • • FEMA
        The Federal Emergency Management Agency.

• • • • FIRE OR POLICE STATION
        Land, building or structures where fire and/or police equipment are kept and where firemen and/or policemen are dispatched while on duty.

• • • • FISH PROCESSING
        The use of land, or building or structures where fish is cleaned, frozen, preserved or canned for wholesale or retail purposes.

• • • • FISHING AREA
        An area designated for the catching of fish.

• • • • FISH/ SEAFOOD SHOP
        Space in a building used for the purpose of retail sales of fish and seafood.

• • • • FITNESS CENTER
        An establishment providing facilities and services associated with the achievement and maintenance of physical fitness.

• • • • FLEA MARKET
        Land, building or structures in which sales areas are set aside and rented, and which are for use by various individuals to sell products and goods to the public.

• • • • FLOOD BOUNDARY AND FLOODWAY MAP
        An official map of the Town on which FEMA has delineated the "Regulatory Floodway".

• • • • FLOOD ELEVATION STUDY
        An examination, evaluation, and determination of flood hazards and if appropriate corresponding water surface elevations, or an examination and determination of flood-related erosion hazards.

• • • • FLOOD INSURANCE RATE MAP (FIRM)
        An official map incorporated with this Ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Charlestown.

• • • • FLOODPLAINS, OR FLOOD HAZARD AREA
        As defined in R.I. Gen. Laws § 45-22.2-4.

• • • • FLOORING SALES & SERVICE
        Space in a building used for the purposes of providing retail sales, installation, and maintenance services concerning materials used in making floors.

• • • • FLORIST
        Space in a building used for the purpose of retailing flowers and plants singularly, in groups or as arranged.

• • • • FOOD PROCESSING
        An establishment where food is processed, prepared, and packaged, but not served or consumed on the premises.

• • • • FORESTRY
        Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and the gathering of forest products.

• • • • FOUNDRY
        The use of land, buildings, or structures primarily for casting metals; a primary metals plant.

• • • • FRAGIPAN
        A loamy, brittle subsurface horizon low in porosity and content of organic matter and low or moderate in clay, but high in silt or very fine sand. A fragipan appears cemented and restricts roots.

• • • • FREESTANDING SIGN
        A sign permanently placed on the ground that is supported from the ground and not attached to any building.

• • • • FUNERAL HOME
        A building used for supplying of human funeral goods and services.

• • • • FURNITURE SHOWROOM/HOME FURNISHINGS
        Space in a building for the purpose of displaying furniture and home furnishings products for retail sale.

• • • • FURNITURE/ UPHOLSTERY REPAIR SERVICES
        Spaces in a building used for the purposes of providing services concerning the repair of household furniture.

• • • • GAMING FACILITY/ CASINO
        Any land, building, or structures where a banking or percentage game is played with cards, dice, or any mechanical or electronic device for money, property or any item of value.

• • • • GARDENING
        Land that is used for the purpose of growing plants, fruits, flowers, or vegetables.

• • • • GARDEN/ LANDSCAPE SUPPLY CENTER
        The use of land, buildings, or structures, or part thereof for the purpose of buying or selling lawn and garden equipment, yard furnishings, supplies, plants, flowers, and the materials associated with landscaping.

• • • • GASOLINE STATION
        A retail establishment intended to be used for the sale of gasoline, oils, and accessories for the use of motor vehicles and the rendering of minor automotive repairs, where such services are incidental to such filling station uses.

• • • • GENERAL STORE/CONVENIENCE STORE
        A store in which a variety of merchandise for general household use is kept for retail sale. A general store or convenience store shall not exceed 5,000 square feet of floor area.[Amended 2-11-2019 by Ord. No. 380]

• • • • GOLF COURSE
        A public or private area operated for the purpose of playing golf, and includes regulation and/or a par 3 golf course, club house and recreational facilities, and accessory driving ranges.

• • • • GOVERNMENT ADMINISTRATIVE BUILDING
        Space in a building used for the purpose of a municipal office, court house, registry office, health and welfare center, employment office, post office or other office uses. It does not include a penal facility.

• • • • GOVERNMENTAL ENTITY
        (As used in ARTICLE XV) A unit of local government;

• • • • GOVERNMENT GARAGE/ UTILITY BUILDING
        Land, buildings, or structures used for governmental functions other than office and administrative functions. It does not include a penal facility.

• • • • GRINDING SITE
        Land, building, or structures where wastes are treated and/or reduced.

• • • • GROCERY STORE/DELI
        A store primarily selling prepackaged and perishable foods, as well as other convenience and household goods, and which does not exceed 5,000 square feet of floor area.[Amended 2-11-2019 by Ord. No. 380]

• • • • GROUNDWATER
        As defined in R.I. Gen. Laws § 46-13.1-3.

• • • • GROUNDWATER DEGRADATION
        A deterioration or decline in groundwater quality.

• • • • GROUNDWATER QUALITY CLASSIFICATION
        The categorization of groundwater for particular uses using its physical, chemical, and hydrogeologic characteristics; also, the particular class (GAA, GA, GB, or GC) assigned to a particular volume of groundwater within specific geographic boundaries.

• • • • GROUNDWATER RECHARGE
        The process of adding water to the zone of saturation; or the quantity of water added to the zone of saturation.

• • • • GROUNDWATER RESERVOIR
        Stratified drift deposits having a saturated thickness greater than or equal to forty feet and a transmissivity greater than or equal to four thousand feet squared per day that have been designated by the RI DEM to be potentially significant sources of water.

• • • • GUEST HOUSE
        An owner-occupied facility offering overnight lodging accommodations to transients for compensation.

• • • • HAIRDRESSING ESTABLISHMENT/ BARBER
        Space in a building used for the purpose of providing hair care and personal service to individuals such as shampooing, cutting, treatment of hair, manicures, pedicures, facial treatments, etc.

• • • • HALFWAY HOUSE
        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
        As defined in R.I. Gen. Laws § 45-24-41.

• • • • HARDWARE STORE
        Space in a building used primarily for the purpose of selling home repair and improvement products.

• • • • HATCHERY
        Land, buildings or structures used for the purpose of hatching fish eggs.

• • • • HAZARDOUS MATERIAL
        Any material defined as a "hazardous substance" by § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9605) as amended. Hazardous materials shall also include any hazardous waste, as well as any of the following materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene.

• • • • HAZARDOUS WASTE
        Hazardous waste as defined in the RI DEM Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal, 1988, and amendments thereto.

• • • • HEALTH FOODS STORE
        Space in a building used for the purpose of selling natural and organic foods, natural personal health and personal hygiene products.

• • • • HEAVY EQUIPMENT SALES
        Any land, building, or structures where heavy machinery or equipment is offered for sale, rent, or lease.

• • • • HISTORIC DISTRICT/ SITE
        As defined in R.I. Gen. Laws § 42-22.2-4.

• • • • HOBBY SHOP
        Space in a building used for the purpose of the retail sales of items related to hobbies.

• • • • HOLISTIC HEALTH CENTER
        A facility, licensed by the State, where a practitioner addresses the whole body with complimentary modalities to traditional therapies. These may include acupuncture, massage and aroma therapy, nutritional counseling, hydrotherapy and other treatments that address the body holistically.

• • • • HOME OCCUPATION
        Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling.

• • • • HOME OWNERS ASSOCIATION
        An organization that is formed by a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

• • • • HOSPITAL
        Any institution, building, or other premises established for the maintenance, observation, medical and dental care, supervision and skilled nursing care for persons suffering from sickness, disease or injury or for the convalescent or for chronically ill persons.

• • • • HOTEL
        A building that is designed or used to offer short term lodging for compensation, with or without meals, for six or more people. Individual rooms do not contain cooking facilities.

• • • • HOUSEHOLD
        One or more persons living together in a single dwelling unit, with common access to, and with common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. A household unit shall be synonymous with a dwelling unit for determining the number of such units allowed on any lot in a zoning district. An individual household shall consist of any one of the following:[Amended 10-28-2024 by Ord. No. 426] (1) A family, which shall also include servants and employees living with the family; or (2) A person or group of unrelated persons living together. The maximum number shall not exceed one person per bedroom and shall not exceed five unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences..

• • • • HOUSEHOLD APPLIANCE STORE
        Space in a building used for the purpose of selling appliances used in residential dwellings to the general public.

• • • • HOUSEHOLD COMMERCIAL RECYCLER
        Any land buildings, structures, or vehicles used for the collection of normal household reusable materials for profit. It does not include any processing activity of the reusable materials.

• • • • HYDRIC SOILS
        Soils that are saturated, flooded or ponded with water long enough during the growing season to develop anaerobic conditions in the upper soil layer.

• • • • IDENTIFICATION SIGN
        A sign that identifies the name and address of a building, institution, or persons and/or activity.

• • • • ILLEGAL SIGN
        A sign that does not meet the requirements of this Ordinance and which has not received legal nonconforming status.

• • • • IMPACT FEE
        (As used in ARTICLE XV) The charge imposed upon new development by a governmental entity to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;

• • • • INCINERATOR
        A device used to burn waste substances and in which all the combustion factors; temperature, retention time, turbulence, and combustion air, can be controlled.

• • • • INFEASIBLE
        (As used in ARTICLE V) Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity housing cooperative.

• • • • INFRASTRUCTURE
        Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

• • • • INN/COTTAGE RENTAL
        A facility that serves as a place for the housing and feeding of transients in a more personal atmosphere than a hotel or motel.

• • • • INSURANCE AGENCY
        Space in a building used for the purpose of conducting the affairs of a business selling products that protect an individual's assets.

• • • • ISDS
        An individual septic disposal system.

• • • • JANITORIAL SERVICES
        Space in a building used for the purposes of providing services related to maintenance, cleaning, and repairs in a building.

• • • • JEWELRY STORE
        Space in a building used primarily for the purpose of selling and repairing jewelry products on the premises.

• • • • KAYAK/ CANOE STORE
        Space in a building used for the retail purpose of renting or selling non-motorized kayaks or canoes.

• • • • KITCHEN PRODUCTS STORE
        Space in a building used for the purpose of selling cooking, food preparation, and related products.

• • • • LAND DEVELOPMENT PROJECT
        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 residential cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as is permitted by this Ordinance.

• • • • LANDSCAPE CONTRACTING SERVICES
        Land, buildings, or structures used for the purposes of providing services relating to the decoration of land by designing gardens and planting trees and shrubs.

• • • • LAND SUITABLE FOR DEVELOPMENT
        Land exclusive of constraints to development, in accordance with state law, and exclusive of land considered undevelopable by means of state definition (including but not limited to freshwater and coastal wetlands buffer). Land suitable for development is used in the application of lot design standards and in the calculation of required open space for cluster-style developments and is not used when calculating minimum lot area under zoning or in the calculation of the number of lots in a yield plan.[Added 8-31-2022 by Ord. No. 397]

• • • • LAUNDRY PLANT
        A building or structure in which the business of a laundry is conducted where water and detergent are used and where the drying, ironing, and finishing of such goods are conducted.

• • • • LAWN CARE SERVICES
        Land, buildings, or structures used for the purposes of providing services relating to the installation and maintenance of lawns.

• • • • LEATHER GOODS FACTORY
        A factory for the manufacture of leather products such as belts, shoes, coats and other accessories, but does not include tannery processing.

• • • • LEGAL SERVICES
        Space in a building used for the purpose of providing services relating expertise to law.

• • • • LETTER OF ELIGIBILITY
        (As used in ARTICLE V) A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with § 42-55-5.3(a).

• • • • LIBRARY
        Space in a building used for the purpose of housing printed and pictorial material for public use for purposes of study, reference, and recreation.

• • • • LIGHT EQUIPMENT SALES/RENTAL
        Any land, building, or structures where light machinery is offered for sale, rent, or lease. Light equipment includes items such as air compressors, fastening devices, hydraulic equipment, lawn and garden tools, and ladders.

• • • • LIGHT EQUIPMENT SHOP
        Land, buildings, or structures used for the retail sales, maintenance, or rental of small light-weight mechanical tools for residential and small business uses.

• • • • LIGHTING FIXTURES STORE
        Space in a building used for the purpose of selling and repairing illumination products.

• • • • LINEN SHOP
        Space in a building used for the purpose of selling fabric goods for use in household settings.

• • • • LINE, STREET
        A lot line separating a lot from an adjacent street.

• • • • LINGERIE SHOP
        Space in a building used for the purpose of selling intimate apparel.

• • • • LIQUOR STORE
        Space in a building used for the purpose of selling, with required licenses, alcoholic beverages to be consumed off-site.

• • • • No. 338.

• • • • LOCAL BOARD
        (As used in ARTICLE V) Any town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

• • • • LOCAL REVIEW BOARD
        (As used in ARTICLE V) The planning board as defined by § 45-22.2-4(24),11 or if designated by ordinance as the board to act on comprehensive permits for the town, the zoning board of review established pursuant to § 45-24-56.12

• • • • LOCKSMITH SERVICES
        Space in a building used for the purpose of selling locks, safes, keys and services relating to repairing or making locks.

• • • • LOT
        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 to title.

• • • • LOT, AREA
        The total area within the boundaries of a lot, excluding any street, right-of-way, or easement granted for access to other properties, usually reported in acres or square feet.

• • • • LOT, BUILDING COVERAGE
        That portion of the lot that is or may be covered by buildings and accessory buildings.

• • • • LOT, CORNER
        A lot at the junction of and fronting on two or more intersecting streets.

• • • • LOT, DEPTH
        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
        That portion of a lot at the specified setback that is contiguous, uninterrupted and abutting a street.

• • • • LOT, IMPROVED
        A lot which is occupied or for which a certificate of occupancy has been issued on or before the effective date of this Ordinance.

• • • • LOT, LINE
        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 — The lot line separating a lot from a street right-of-way.

• • • • (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.

• • • • LOT, THROUGH
        A lot that fronts upon two parallel streets, or which fronts upon two streets that do not intersect at the boundaries of the lot.

• • • • LOT, WIDTH
        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.

• • • • LOW AND MODERATE INCOME
        Low- and moderate-income as those terms are defined by the state or federal government program providing the subsidy for the proposed low- or moderate-income housing.

• • • • LOW AND MODERATE INCOME HOUSING
        Any housing subsidized by the federal, state, or municipal government under any program to assist the construction or rehabilitation of housing as low or moderate income housing, as defined in the applicable federal or state statute, or local ordinance whether built or operated by any public agency or any nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for ninetynine (99) years or such other period that is either agreed to by the applicant and town but shall not be for a period of less than thirty (30) years from initial occupancy through a land lease and/or deed restriction or prescribed by the federal, state or municipal subsidy program.

• • • • LOW IMPACT DEVELOPMENT (LID)
        A comprehensive approach to managing stormwater that is integrated into a project design to minimize the hydrologic impacts of development. The LID design process shapes development to fit into the landscape. The approach to stormwater management focuses on preserving undisturbed open space and reducing impervious cover, and use of natural systems to achieve stormwater management objectives to the extent feasible. The primary goal of LID is to reduce runoff and mimic the predevelopment site hydrology by using site planning and design strategies to store, infiltrate evaporate, and detain runoff as close as possible to the point where precipitation reaches the ground. Stormwater is managed in smaller, cost-effective treatment practices located throughout the development site rather than being conveyed to and managed in one or more centralized facilities located at the bottom of drainage areas. Use of these strategies helps to reduce off-site runoff and ensure adequate groundwater recharge.[Added 8-31-2022 by Ord. No. 397]

• • • • LOW OR MODERATE INCOME HOUSING
        (As used in ARTICLE V) Any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.

• • • • MAINTENANCE, SIGN
        The cleaning, painting, repair or replacement of defective parts in a manner that does not alter the basic colors or structure of a sign.

• • • • MANUFACTURING
        The use of land, buildings or structures engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. The term manufacturing covers all mechanical or chemical transformations, whether the new product is finished or semi-finished as raw material in some other process.

• • • • MARINA
        Any dock, pier, wharf, float, floating business, or combination of such facilities that serves five or more boats as a commercial enterprise or in association with a club.

• • • • MARINE SUPPLY STORE
        Space in a building for the retail sales of canoes, kayaks, inflatable boats, wind surfers etc. along with other marine related merchandise.

• • • • MASONRY SERVICES
        Land, buildings, or structures used for the purposes of providing services relating to building or maintaining stone or brick masonry.

• • • • MASSAGE ESTABLISHMENT
        Space in a building used for the purpose of massage therapy, provided by a licensed professional.

• • • • MEDICAL/ DENTAL CENTER
        Space in a building used by members of the medical or dental professions to provide treatment and diagnosis to patients, without offering overnight accommodations.

• • • • MEETING HOUSING NEEDS
        (As used in ARTICLE V) Adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.

• • • • MERE INCONVENIENCE
        As defined in R.I. General Laws § 45-24-41.

• • • • MICROBREW PUB
        An establishment for making malt liquors for customers on the premises in conjunction with a restaurant.

• • • • MINIATURE GOLF COURSE
        An area of land or a building, structure, or premises or part thereof operated primarily as a place of amusement in which facilities are provided to simulate the game of golf or some aspects of the game on a small scale, but does not include a driving range.

• • • • MIXED USE
        A mixture of land use types within a single development, building, or tract.

• • • • MIXED-USE OVERLAY DISTRICT
        A zoning overlay district contained in the Charlestown Zoning Ordinance that exists in addition to the several underlying zoning districts that already exist in the Charlestown village area and as shown on the Official Zoning Map of the Town. The several underlying districts that exist include, but are not limited to, residential, commercial and historic districts. The Mixed-Use Overlay District regulations are applied in addition to the underlying district(s) regulations affecting a particular property.

• • • • MOBILE HOME PARK
        A parcel of land that has been planned and improved for mobile homes for non-transient residential use.

• • • • MOTEL
        A building or group of buildings that provide sleeping rental units for temporary occupancy, in which each rental unit has a private entrance direct to parking facilities and its own sanitary facilities. "Motel" includes, but is not limited to motor courts and motor lodges.

• • • • MOTOR VEHICLE SALES
        Land, building or structures primarily dedicated for the sale of vehicles. Vehicles are stored on premises with an accessory sales office and service department.

• • • • MULTI-FAMILY DEVELOPMENT
        A development consisting of more than one multi-family dwelling, which may also include one or more two family dwellings, either proposed as a single complex or a land development project (see § 218-51).[Added 12-9-2013 by Ord. No. 360]

• • • • MUNICIPAL COMMUNITY CENTER
        A building or complex of buildings and services which may include cultural, recreational, athletic, convention, and entertainment facilities and owned by the Town of Charlestown.

• • • • MUNICIPAL GOVERNMENT SUBSIDY
        (As used in ARTICLE V) Assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in § 42-128-8.1(d)(1);13 such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.

• • • • MUNICIPAL STADIUM
        Land, buildings, or structures owned by the Town of Charlestown used for mass public assemblies for athletic, cultural, or other purposes.

• • • • MUSEUM
        Space in a building that is used for the purpose of acquiring, conserving, studying, interpreting, assembling, and exhibiting to the public for its instruction and enjoyment, a collection of items of historic, artistic, or scientific interest.

• • • • MUSIC STORE
        Space in a building used for the purpose of retail sales and instruction of musical instruments, and music related items is provided.

• • • • NAIL SALON
        Space in a building used for the purpose of applying decorative and personal hygiene procedures to fingernails and toenails.

• • • • NATURAL GRADE
        The topography of a site before alteration. Not disturbed ground.

• • • • NEWSRACK
        A self-service, coin operated dispenser installed, used, or maintained for the display and sale of periodicals to the general public.

• • • • NONCONFORMANCE
        A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of such ordinance 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 Ordinance 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 Zoning Ordinance. Dimensional regulations include all regulations of this Zoning Ordinance. A building or structure containing a permitted number of dwelling units, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

• • • • NONCONFORMING SIGN
        A permanent sign that met all legal requirements when constructed but does not conform to the requirements of this Ordinance.

• • • • NON-TRANSIENT USE
        Intended for permanent, long-term use. Not for temporary residents.

• • • • NORMAL HOUSEHOLD REUSABLE MATERIALS
        Waste products generated by residential uses that are small items comprised of paper, metal, glass or plastic that can be reused. It does not include refuse or hazardous materials.

• • • • NOVELTY/ SOUVENIR SHOP
        Space in a building used for the purpose of retail sales of new and unusual items and items of remembrance.

• • • • NUCLEAR FISSION
        A nuclear reaction in which an atomic nucleus splits into fragments.

• • • • NUCLEAR FUSION
        A nuclear reaction in which nuclei combine to form more massive nuclei with the release of energy.

• • • • NUCLEAR WASTE STORAGE FACILITY
        Any land upon, into or through which nuclear waste is deposited or processed and any machinery or equipment or operation for the treatment or disposal of nuclear waste products or materials.

• • • • NURSERY/ GREENHOUSE
        A retail establishment used for growing of flowers, vegetables, plants, trees, and other vegetation that is sold directly from the building or premises.

• • • • NURSERY/ KINDERGARTEN
        A program that serves as an orientation for school by accustoming children to a new social environment and aids in the development of motor and cognitive skills.

• • • • NURSING HOME
        A building in which the proprietor supplies for gain, lodging with or without meals and, in addition provides nursing, medical or similar care and includes a rest home or convalescent home.

• • • • OFFAL/ DEAD ANIMAL REDUCTION
        Any land, buildings, or structure used to process deceased animals or parts thereof for any type of use.

• • • • OFFICE SUPPLY STORE
        Space in a building used for the purpose of selling products that are used in the function and preparation of office information.

• • • • OFF-SITE CARPET CLEANING SERVICES
        Land, buildings, or structures used for the purposes relating to the provision of cleaning services for carpets at off-site locations.

• • • • OFF-SITE DIRECTIONAL SIGN
        A sign that gives directional assistance to access an establishment conveniently and safely.

• • • • OFF-STREET PARKING
        An area provided for parking not on any public or private road.

• • • • OPEN LOT STORAGE
        The storage of equipment, goods, raw or processed materials outside any building or structure.

• • • • OPEN SPACE
        Any parcel or area of land 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 parking, and other improvements that are designed to be incidental to the natural openness of the land and as may be permitted by this Ordinance.

• • • • OUTDOOR CAFE
        An outdoor area adjoining a restaurant, and consisting of outdoor tables, chairs, plantings, and related decorations and fixtures, and where meals or refreshments are served to the public for consumption on the premises.

• • • • OUTDOOR RETAIL WAREHOUSE
        A building or part thereof which is used for the storage and distribution of goods, merchandise, substances or articles and includes facilities for retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard.

• • • • OVERLAY DISTRICT
        A district established 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.

• • • • PACKAGE DISTRIBUTION SERVICES
        Land, buildings, or structures used for the large scale delivery and supply of packages.

• • • • PACKING AND BAILING SITE
        Land, buildings, or parts of buildings where waste is compressed and the blocks are bound or sheathed with wire, metal, plastic or other materials.

• • • • PADDOCK
        A fenced area used as a holding area for horses, ponies, donkeys, mules or other farm animals.

• • • • PAINTING/ PAPER HANGING SALES & SERVICES
        Space in a building used for the purpose of selling paint, wallpaper and paint products and services related to installation of such.

• • • • PAPER PRODUCTS STORE
        Space in a building used for the purpose of retail sales of paper, paper products and related items.

• • • • PASTORAL COUNSELING
        Space in a building used for the purpose of providing spiritual care and guidance by a recognized church professional.

• • • • PASTURE
        A fenced area used to provide nutritious feed for horses, ponies, donkeys, mules, or other farm animals.

• • • • PENNANT
        Any lightweight, plastic, fabric, or other material suspended from a rope, wire, or string designed to move in the wind and attract attention.

• • • • PERFORMANCE STANDARDS
        A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

• • • • PERFUMERY
        Space in a building used for the purpose of providing products with special attractive scents.

• • • • PERMITTED USE
        A use by right which is specifically authorized in a particular zoning district.

• • • • PETROLEUM PRODUCT
        Crude oil or any fractions thereof that is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute) and includes substances derived from crude oil including, but not limited to, the following: gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants, and solvents.

• • • • PETROLEUM REFINING
        A building or land used for the process to reduce petroleum to a pure state free of impurities.

• • • • PET SHOP/ GROOMING SERVICES
        An establishment where animals or birds are sold as pets, kept for sale, or groomed, but does not include the breeding or overnight boarding of pets.

• • • • PETTING ZOO
        A place where animals are kept, often in combination of indoor and outdoor spaces, and are viewed and touched by the public.

• • • • PHARMACEUTICAL FACTORY
        An establishment where drug and medicinal products are manufactured. It includes but is not limited to such items as deodorants, soaps, patent medicines, disinfectants, and insecticides.

• • • • PHOTO STUDIO
        Space in a building used for the purpose of taking and processing pictures, the sale of film, equipment, and related supplies and the repair and maintenance of equipment used for photography.

• • • • PHYSICAL THERAPIST
        Space in a building used for the purpose of counseling individuals and assisting them in overcoming difficulties with mobility, flexibility, coordination and perceptiveness.

• • • • PLANETARIUM
        A building or room containing devices for projecting images of celestial bodies in their courses onto the inner surface of a hemispherical dome.

• • • • PLANNED DEVELOPMENT
        A land development project as defined herein and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

• • • • PLAT ASSOCIATION OFFICE/ CLUBHOUSE
        A building and/or facilities owned or operated by a Homeowners Association within a residential development for a social, educational, or recreational purpose.

• • • • PLUMBING/ HEATING SUPPLY STORE
        Space in a building used for the purpose of selling plumbing and heating related items.

• • • • POLITICAL SIGN
        A temporary sign used about a local, state or national election or referendum.

• • • • POLLUTANT
        Any natural or man-induced material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, air, and/or soil including but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste or materials, petroleum or petroleum products, including but not limited to oil.

• • • • POLLUTION
        Natural or man-induced alteration of the chemical, physical, biological, and radiological integrity of water, air, and/or soil.

• • • • PORTABLE SIGN
        Any sign that is not permanently affixed to a building or the ground including, but not limited to, signs designed to be transported by wheels, trailer signs, A- or T-frame signs, balloons used as signs, and signs attached to or painted on vehicles parked and visible from a public right-of-way.

• • • • POSTAL SERVICES
        Retail - Space in a Building used for the purpose of selling supplies and providing services for mail delivery, pick up, and distribution.

• • • • PREAPPLICATION CONFERENCE
        A review meeting of a proposed development held between applicants and reviewing agencies as permitted by this Ordinance, before formal submission of an application for a permit or for development approval.

• • • • PRIVATE GASOLINE PUMP ISLAND
        Gasoline pumps used solely for providing fuel to vehicles owned or leased by the owner or occupant of the premises.

• • • • PRIVATE LANDFILL
        A state licensed site where solid waste material is disposed of compacted and covered with earth.

• • • • PRIVATE SCHOOL/ COLLEGE
        The use of land or building or structures to provide higher education by a nongovernmental entity.

• • • • PRIVATE STABLE
        Any area, pasture, paddock, buildings, or structures used for the raising of a horse, donkey, pony, or mule on the premises of a single or two-family unit as an accessory use.

• • • • PRIVATE WAY
        A private right-of-way that is used for vehicular access to a residential compound pursuant to § 218-54 of this Ordinance.

• • • • PRODUCT ASSEMBLER/ SHIPPER
        Space in a building for the purpose of final assembly of pre-made pieces of a retail product. No manufacturing takes place.

• • • • PROFESSIONAL OFFICE
        Space in a building used for the purpose of practicing a profession or the administration of a business and does not include a retail use.

• • • • PROJECTING SIGN
        A sign other than a flat wall sign that is attached to and projects from a building or wall.

• • • • PROPORTIONATE SHARE
        (As used in ARTICLE XV) That portion of the cost of system improvements which reasonably relates to the service demands and needs of the project;

• • • • PUBLIC EVENT
        A function held to attract persons of the general public regardless of whether a fee is charged for admission and approved by the Town Council subject to all applicable federal, state and local laws.

• • • • PUBLIC FACILITIES
        (As used in ARTICLE XV)

• • • • (1) Water supply production, treatment, storage, and distribution facilities;

• • • • (2) Wastewater and solid waste collection, treatment, and disposal facilities;

• • • • (3) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

• • • • (4) Storm water management, retention, detention, treatment, and disposal facilities, flood control facilities, and enhancement projects;

• • • • (5) Parks, open space areas, and recreation facilities;

• • • • (6) Police, emergency medical, rescue, and fire protection facilities;

• • • • (7) Public schools and libraries; and (8) II-5 of "Town of Charlestown, Rhode Island Growth Management Program, Phase 2 — m. (i.e., see page II-5 of "Town of Charlestown, Rhode Island Growth Management Program, Phase 2 - Impact Fees," for examples of the difference between Capital Expenses and Operating expenses)

• • • • PUBLIC PARK
        An area of public land specifically dedicated to the public for both active and/or passive recreational use.

• • • • PUBLIC STORAGE UNIT
        A building in which units are available for rent or lease for the storage of personal goods.

• • • • PUBLIC UTILITY STRUCTURE/ FACILITY
        The building in which a public utility maintains its office and maintains or houses any equipment used in connection with the utility.

• • • • RACE TRACK
        A course that is prepared for horse racing, dog racing, harnesses racing, drag races, stock car races and other types of races excluding track and field events.

• • • • RAIL/ BUS PASSENGER STATION
        Land, building or structures where commercial rail or buses pick up and discharge passengers. Accessory uses may include ticket offices, food counters and luggage checking facilities.

• • • • RAIL/ MOTOR FREIGHT TERMINAL
        The use of land, building, or structures where trucks or tractor trailers are for sale or hire and where such are stored for dispatch.

• • • • REAL ESTATE SERVICES
        Space in a building used for the purpose of providing services relating to the sale of land as property, along with the natural resources and permanent buildings that may be on it.

• • • • RECHARGE AREA
        The land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer, for instance, is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic conditions.

• • • • RECREATIONAL VEHICLE
        A vehicle which is:

• • • • (1) Built on a single chassis;

• • • • (2) Designed to be self propelled or permanently towable by another vehicle; and (3) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

• • • • RECREATION CENTER -- MAJOR
        Land or buildings that provide a recreation facility open to the general public and provided athletic and leisure-time facilities intended to be used by residents from throughout the entire town.

• • • • RECREATION CENTER -- MINOR
        Space in a Building used for the purpose of an accessory use to a residential subdivision, designed and intended for use by the occupants of the subdivision and No. 338. does not exceed 3,000 square feet.

• • • • RECTORY
        A building used as a residence, operated as a single house-keeping unit, that is accessory to a place of worship.

• • • • RECYCLING CENTER
        The use of land, buildings, or structures where material is separated and packaged for shipment.

• • • • REGULATORY FLOODWAY
        The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation.

• • • • RESEARCH LABORATORY/ FACILITY
        A building or group of buildings for scientific research, investigation or testing but not for the manufacturing of products, except as incidental to laboratory investigations.

• • • • RESIDENTIAL WATER TREATMENT SALES/ SERVICE
        Space in a building used for the purpose of retail sales and maintenance of water filtration equipment for residential uses.

• • • • RESTAURANT
        Space in a building used for the purpose of providing food and drink for sale to the public primarily for immediate consumption.

• • • • RETAIL SALES
        Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering such services incidental to the sale of such goods.

• • • • RI CRMC
        The Rhode Island Coastal Resources Management Council.

• • • • RI DEM
        The Rhode Island Department of Environmental Management.

• • • • ROOF SIGN
        A sign erected over or on the roof of a building.

• • • • SAM PLAN
        The Rhode Island Coastal Resources Management Council document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan (Ninigret to Point Judith Ponds)," Adopted November 27, 1984, and any amendments thereto.

• • • • SAW OR PLANING MILL
        Land, building, or structures where timber is cut sawed or planed into lumber products.

• • • • SEMICONDUCTOR/ SOLID STATE
        A solid crystalline substance such as germanium or silicon, that has electric conductivity greater than an insulator but less than a good conductor.

• • • • SETBACK LINE OR LINES
        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.

• • • • SEWAGE PUMPING STATION
        Land or buildings used for the collection and transfer of sewage to a sewage collection system.

• • • • SEWAGE TREATMENT PLANT
        Any land, buildings, or structures used for the collection, treatment and disposal of sewage.

• • • • SHOE REPAIR
        Space in a building used for the purpose of retail service of repairs to foot gear.

• • • • SHOE STORE
        Space in a building used for the purpose of retail sales of foot gear and related items.

• • • • SHOOTING CLUB/ RANGE
        Any land, buildings, or structures used for the practice of archery or the shooting of firearms.

• • • • SHOPPING CENTER
        A building or group of buildings on a single lot whose shops are linked together by an architectural, historical, or geographic theme.

• • • • SIGN
        (As used in ARTICLE XI) any permanent or temporary device, composed of or employing any medium manmade or natural, reproduction, material or structure which is freestanding, attached to a building or structure or erected, painted, represented or reproduced inside or outside any building, structure or natural object, including window display area which displays, reproduces or includes any lettered or pictorial matter; which is used to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry service or other activity; to advertise any product or item; to advertise the sale, rental or use of all or part of any premises or item including that upon which it is displayed; to direct vehicular or pedestrian traffic other than public highway markers; and shall also include any announcement, demonstration, display, illustration or insignias used to advertise or promote the interests of any persons or business or product when the same is placed in view of the general public. In no event shall the word "sign" be construed to mean any sign in the interior of any structure, not visible from the outside, unless specifically set forth in this Ordinance. Excluded from this definition also are pavement markings or driveway directional arrows painted on the ground, which contain no advertising. The American Flag is not a sign in the context of this ordinance.

• • • • SIGN - ACCESSORY
        (As used in ARTICLE XI) any sign used in conjunction with existing signage (i.e. "Open," "No Vacancy") related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

• • • • SIGN - AWNING
        (As used in ARTICLE XI) any sign that is attached to or part of an awning or canopy.

• • • • SIGN - BANNER
        (As used in ARTICLE XI) a banner made of material that is not rigid such as cloth or vinyl that contains advertising for a business, product, goods, services, sale or activity, that is strung from rope or wall mounted.

• • • • SIGN - CHANGEABLE COPY
        (As used in ARTICLE XI) any sign that is designed so that characters or letters can be manually changed or rearranged without altering the substrate or size of the sign.

• • • • SIGN - CONTRACTOR
        (As used in ARTICLE XI) any sign erected by a contractor during construction.

• • • • SIGN - DOWNWARD DIRECTED LIGHTING
        (As used in ARTICLE XI) indirect illumination of a sign by white light from above, shielded so as not to cause glare or reflection annoying to the public or traffic.

• • • • SIGN - FLAG
        (As used in ARTICLE XI) a single flag containing no advertising for any business, product, goods, services, sale or activity, on a pole or wall-mounted, where such flag is made of material that is not rigid, such as cloth or vinyl.

• • • • SIGN - FRANCHISE OR LICENSED TRADEMARK
        (As used in ARTICLE XI) a sign used by any franchised entity that uses a particular logo or design to advertise their products.

• • • • SIGN - FREESTANDING
        (As used in ARTICLE XI) any sign supported by a pole, uprights, braces or frame from the ground and not supported by any wall, building or similar structure.

• • • • SIGN - ILLEGAL
        (As used in ARTICLE XI) any sign that does not meet the requirements of this Ordinance and which has not received legal nonconforming status.

• • • • SIGN - ILLUMINATED
        (As used in ARTICLE XI) any sign designed to give forth visible light radiation from any source in such a manner as to be an integral part of the construction of the sign.

• • • • Sources of such visible light include, but are not limited to, fluorescent gas lighting (such as neon signs), laser, or incandescent lighting, and transparent or translucent signs illuminated from within by any lighting source.

• • • • SIGN - INDIRECTLY ILLUMINATED
        (As used in ARTICLE XI) any sign illuminated with artificial light focused on such sign from a source exterior to the sign.

• • • • SIGN - INFLATABLE
        (As used in ARTICLE XI) a mylar, rubber, vinyl or other material inflated to expand physical dimensions or provide lift or movement to a sign, free floating or tethered.

• • • • SIGN - KIOSK
        (As used in ARTICLE XI) a freestanding structure designed to provide advertising space for two or more businesses on a single premise or group of contiguous premises.

• • • • SIGN - MARQUEE
        (As used in ARTICLE XI) any sign painted on, attached to or consisting of interchangeable letters on the face of a permanent overhanging shelter which projects from the face of a building.

• • • • SIGN - NEWS RACK, VENDING MACHINE
        (As used in ARTICLE XI) the advertising on a newspaper or vending machine.

• • • • SIGN - NON-CONFORMING
        (As used in ARTICLE XI) a permanent sign that met all legal requirements when constructed but does not conform to the requirements of this Ordinance.

• • • • SIGN - OFF-SITE ADVERTISING
        (As used in ARTICLE XI) any sign or advertising device, which advertises a use or activity not located on, or a product not sold nor manufactured on the lot on which the sign or device is located.

• • • • SIGN - OFF-SITE DIRECTIONAL
        (As used in ARTICLE XI) any sign giving directions to the location of any use or activity not located upon the property upon which the sign is erected.

• • • • SIGN - PENNANT
        (As used in ARTICLE XI) strings of triangular or other shaped material, cloth or vinyl, strung together and displayed outdoors to catch the wind which draws attention to a business, product, goods, services, sale or activity.

• • • • SIGN - PLAZA
        (As used in ARTICLE XI) any grouping of signs in a common location, having uniform size and materials and regulated by the Town of Charlestown in accordance with the provisions of this Ordinance.

• • • • SIGN - PORTABLE
        (As used in ARTICLE XI) any sign not attached to a building or structure which is capable of being placed upon various locations on a lot.

• • • • SIGN - PROJECTING
        (As used in ARTICLE XI) any sign erected so as to project approximately perpendicular from the exterior of any building or wall.

• • • • SIGN - ROOF-MOUNTED
        (As used in ARTICLE XI) any sign installed above the upper soffit or eave edge of a roof and supported by or resting on any part of the roof or any roof structure, including, but not limited to gables, vents, chimneys, condensers, compressors or other roof mounted equipment.

• • • • SIGN - SNIPE
        (As used in ARTICLE XI) any temporary sign or poster affixed to a tree, fence, pole or similar item (e.g. yard sale).

• • • • SIGN - STRING LIGHTS
        (As used in Article ARTICLE XI) any string of lights used to attract attention to a product, business, service, goods, sale or activity.

• • • • SIGN - TRAILER
        (As used in ARTICLE XI) any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to mobile advertising signs attached to a truck, chassis, detachable vehicle, trailer or other such mobile sign, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle which identify the product, service or activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.

• • • • SIGN - WALL-MOUNTED
        (As used in ARTICLE XI) any sign erected against, painted on or attached to the wall of any building or structure including signs affixed to fences, screens and freestanding walls, or natural object.

• • • • SIGN - WINDOW
        (As used in ARTICLE XI) signs displayed in windows to advertise products or services available on premises.

• • • • SITE PLAN
        The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

• • • • SMALL SCALE WOODWORKING SHOP
        A shop making custom cabinetry, fine custom oneof-a-kind furniture, wooden toys and/or craft items such as birdhouses etc. Retail sales of the items made may occur. All construction, material and finished items storage must be inside.

• • • • SNIPE SIGN
        A temporary sign or poster affixed to a tree, fence, pole or similar item.

• • • • SPECIAL FLOOD HAZARD AREA
        An area having flood, and/or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, AO A1-30, AE, A99, AH, VO, V1-30, VE, M, or E.

• • • • SPECIALTY FOOD STORE
        Space in a building used for the purpose of specializing, for retail sales, in a specific type or class of foods, such as an appetizer store, bakery, butcher, or gourmet shop.

• • • • SPECIAL USE
        A regulated use that is permitted pursuant to the special use permit issued by the Zoning Board of Review pursuant to RI General Laws § 45-24-42. Formerly referred to as a special exception.

• • • • SPECIMEN VEGETATION
        Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Heritage program in the above mentioned categories; species such as American Holly (Ilex opalca) and Rhododendron (Rhododendron maximum) which are at the limits of their natural range; any species such as American Elm (Ulmus Americana) and American Chestnut (Castenata dentata) whose population has been drastically reduced by disease, insects or habitat destruction.

• • • • SPLIT ZONING DISTRICT BOUNDARIES
        Any lot or parcel of land that is divided or split by a zoning district boundary shall be subject to the following interpretive standards: lot frontage shall be required pursuant to the standard required for the zone in which the lot frontage is located; the minimum lot area and other dimensional regulations required, other than lot frontage if applicable pursuant to the preceding requirement, shall be subject to those standards required for the zone and use to be applied on the lot or parcel of land.

• • • • STABLE, PRIVATE
        A stable with a capacity for two or fewer horses, mules or other farm animals that are used by the owners of the property and guests without compensation.

• • • • STACKING SPACE
        A permanent dust free surface that is used for a motor vehicle waiting to enter a drive through use, that is located in such a way so that access to a parking space is not obstructed and is at least nine feet in width and nineteen feet in length.

• • • • STORAGE OF UNLICENSED MOTOR VEHICLES
        The outdoor use of property occupied by an unlicensed vehicle. by Ord. No. 338.

• • • • STREET
        A public way established or maintained under public authority, private ways open for public uses, and a private way platted for ultimate public use, whether constructed.

• • • • STREET FRONTAGE
        The measurement of a lot boundary that abuts a street line.

• • • • STRUCTURE
        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
        Any lot lawfully existing at the time of adoption or amendment of a zoning ordinance and not in conformance with the dimensional and/or area provisions of that ordinance.

• • • • SUBSTANTIAL IMPROVEMENT
        Any reconstruction, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either;

• • • • (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Building Inspector and which are the minimum necessary to assure safe living conditions.

• • • • (2) Any alteration of an historical structure provided that the alteration will not preclude the structure's continued designation as an historical structure.

• • • • SUMMER RECREATION CAMP
        A camp consisting of land, building or structures used for sleeping, eating, education and recreational uses and which is generally operated from April through October on a non-commercial basis.

• • • • SUPERMARKET
        A store primarily selling prepackaged and perishable foods, as well as other convenience and household goods, and which exceeds 5,000 square feet of floor area.[Amended 2-11-2019 by Ord. No. 380]

• • • • TAILOR/ DRESSMAKER
        Space in a building used for the purpose of custom tailoring such as the creation of one-of-a-kind garments, remodeling, hem stitching and button hole making, but does not include wholesale manufacturing of clothing.

• • • • TAKE OUT FOOD SERVICES
        Space in a building used for the purpose of preparing food and selling it for consumption off premises or outside the building.

• • • • TANK FARM
        A facility having two or more storage containers for the transfer of liquids or gases and from which no retail sale of fuel to the public is or may be conducted.

• • • • TAVERN/ NIGHTCLUB
        A building or part thereof where, in consideration of payment therefor, liquor, beer, or wine or any combination thereof is served for consumption on the premises, with or without food.

• • • • TAXIDERMIST
        Land, buildings, or structures used for the purpose of providing services related to the art or operation of preparing, stuffing and mounting the skins of dead birds and animals.

• • • • TELECOMMUNICATION ACCESSORY EQUIPMENT/STRUCTURE
        All items and/or buildings ancillary to the transmission, reception, connection and support of wireless communication.

• • • • TELECOMMUNICATION TOWER/POLE
        A structure that is intended to support antennas, waveguide, and associated equipment for the transmission of signals for wireless communications, such as television, radio, radio telephone, telephone, or cellular land mobile communications.

• • • • TELEPHONE MAINTENANCE YARD
        Land, buildings, or structures used for the operation, storage, and maintenance incidental to the operation of a telephone communication system. It does not include transmission towers.

• • • • TEMPORARY SIGN
        Any sign that is not permanently attached and removed after a specified time.

• • • • TEXTILE DYEING/ FINISHING
        Any land, buildings or structures used for the finishing of cloth by treatment, dyeing, coloring, milling, spinning, cutting, and wholesale distribution of the final product.

• • • • THEATER/ CONCERT HALL
        Space in a building used for the purpose of showing motion pictures or for drama, dance, musical or other live performances for an audience.

• • • • THRIFT/ CONSIGNMENT SHOP
        Space in a building used for the purpose of selling used clothing and/or household goods.

• • • • TOBACCO SHOP
        An establishment where the retail sales of tobacco and tobacco related products are made to the general public.

• • • • TOURIST INFORMATION CENTER
        Space in a building used for the purpose of providing local, State and regional data, news, advice and information to visitors interested in the area.

• • • • TRADITIONAL VILLAGE DISTRICT
        A standard zoning district contained in the Charlestown Zoning Ordinance that exists in addition to the other overlay zoning district that already exists in the "Cross Mills" Historic Village Overlay District and as shown on the Official Zoning Map of the Town.

• • • • TRAILER/ MOBILE HOME
        Any vehicle or similar portable structure designed and constructed to permit the occupancy thereof as a dwelling unit and mounted on wheels and/or as a conveyance on a street, propelled or drawn by its own power.

• • • • TRAVEL AGENCY
        Space in a building used for the purpose of arranging travel itineraries, tickets, and accommodations.

• • • • TVD BED AND BREAKFAST
        This definition applies only in the TVD district. A single family dwelling in which the principal use is the single family residence; and, as an accessory use, bedrooms are made available for transient overnight occupancy for compensation. The dwelling must be in compliance with all State regulations for the number of bedrooms available for rent.

• • • • TVD COMMERCIAL PARKING LOT
        This definition applies only to the TVD district. Land, buildings, or structures used for the purpose of parking motor vehicles, for public or private purposes for a fee. Storage of vehicles, boats and trailers is not allowed.

• • • • TVD CRAFT SHOP
        This definition applies only to the TVD district. Space in a building where a handicraft is conducted for gain or profit and may include sales and educational lessons on creating such handicrafts. If educational lessons are offered see definition for Art Studio/Workshop.

• • • • TVD PET GROOMING SERVICES
        This definition applies only to the TVD district. Space in a building used for the purpose of bathing and combing domestic family animals, but does not include overnight boarding of pets.

• • • • TVD TAVERN
        This definition applies only to the TVD district. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

• • • • UNMITIGATED IMPACT
        A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities.

• • • • USE
        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
        Permission to depart from the literal requirements of this Zoning Ordinance. 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 Zoning Ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.[Amended 2-12-2024 by Ord. No. 409] (1) USE VARIANCE — Permission to depart from the use requirements of this Zoning Ordinance 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 Zoning Ordinance.

• • • • (2) DIMENSIONAL VARIANCE — Permission to depart from the dimensional requirements of this Zoning Ordinance, under the applicable standards set forth in § 45-24-41 of the General Laws.

• • • • VEGETATIVE PRODUCTS
        Any farm product of horticultural origin, including, but not limited to fruits, vegetables, live trees, plants, Christmas trees, shrubs, firewood, hay, sod, and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, fish, or other seafood, bees, or the like. Also excluded from this definition are forest products including lumber, logs, or similar building materials.

• • • • VEHICLE
        A vehicle of a type which would be subject to the licensing requirements of the Department of Motor Vehicles if operated on a public road. It does not include farm vehicles which do not operate on public roads.

• • • • VESTED RIGHTS
        The right to proceed with an application for development under the regulations applicable of the Zoning Ordinance in force at the time the application was submitted and deemed complete.

• • • • VIDEO RENTAL SHOP
        Space in a building for the sale or rental of recorded movies, video programs and related accessories.

• • • • WALL SIGN
        A sign attached to a wall of a structure so that the wall becomes the support for the sign and does not project more than fifteen inches from the structure.

• • • • WATER PUMPING STATION
        Land, buildings or structures used for the treatment and distribution of water, including a water bottling plant.

• • • • WATERS
        As defined in R.I. Gen. Laws § 46-12-1(b).

• • • • WATER SURFACE ELEVATION
        The height, in relation the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains.

• • • • WATER TABLE
        The upper surface of the saturated zone in an unconfined aquifer.

• • • • WATER TOWER/ STANDPIPE
        Land, buildings or structures used for the storage, supply or distribution of water.

• • • • WATER TREATMENT PLANT
        A facility used incidental to a water distribution system for the chemical or biological treatment of water in order to meet mandated drinking water standards.

• • • • WATER UTILITY MAINTENANCE YARD
        Land, buildings, or structures used for the operation, storage, and maintenance incidental to the operation of a water distribution system.

• • • • WELDING SHOP
        The use of land, buildings, or structures where pieces of metal are welded.

• • • • WELL
        A bored, drilled, or driven shaft or a dug hole, with a depth that is greater than its largest surface dimension, through which groundwater flows, has flowed, or may flow under natural or induced pressure.

• • • • WELL DRILLING SERVICES
        Land, buildings, structures or equipment used for the purpose of providing services related to the drilling of wells to provide water.

• • • • WELLHEAD PROTECTION AREA
        The critical portion of a three-dimensional zone, surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the RI DEM.

• • • • WETLAND, COASTAL
        As defined in R.I. Gen. Laws § 2-1-14.

• • • • WETLAND, FRESHWATER
        As defined in R.I. Gen. Laws § 2-1-20.

• • • • WHOLESALE STORAGE
        The storage of large quantities of items for resale.

• • • • WHOLESALE STORAGE/ WAREHOUSING
        The use of land, buildings, or structures to store goods or merchandise for resale in large quantities at a lower cost.

• • • • WILDLIFE REFUGE
        Land used or intended for the preservation of native plant and/or wildlife habitat.

• • • • WINDOW CLEANING SERVICES
        Space in a building used for the purpose of sales or services related to the provision of window cleaning.

• • • • WINDOWS AND DOORS, SALES AND SERVICE
        Space in a building, used for the purpose of providing retail sales, installation and maintenance services of windows and doors in residential and commercial properties.

• • • • WOOD PRODUCTS FACTORY
        An establishment whose primary purpose is the manufacture of wooden products but does not include a wood distillation plant.

• • • • WOOL PULLING/ SCOURING
        The processing involved in rending, tearing or stretching repeatedly wool for the removal of refuse or unwanted materials.

• • • • YARD
        A space on a lot open, unoccupied and unobstructed by buildings, decks, stairs or structures from the ground to the sky, except as otherwise provided in this Ordinance.

• • • • YARD, FRONT
        A required yard extending along the entire lot street frontage. The depth of a "front yard" shall be measured from the street lot line to the nearest edge of the structure or use. There shall only be one front yard.

• • • • YARD, REAR
        A required yard extending along the entire rear lot line or lines. The depth of a "rear yard" shall be measured from the rear lot line to the nearest edge of the structure or use. There shall only be one rear yard.

• • • • YARD, SIDE
        Any yard not determined to be a front or rear yard and abutting a side lot line. The depth of a "side yard" shall be measured from the side lot line to the nearest edge of the structure or use.

• • • • ZONING CERTIFICATE
        A document signed by the Building Inspector as required by this Ordinance which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this Ordinance or is an authorized variance or modification therefrom.

• • • • ZONING MAP
        The maps that are a part of this Ordinance and which delineate the boundaries of all mapped zoning districts and other land within the physical boundary of the Town.

• • • • ZONING USE DISTRICTS
        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.

ARTICLE II Administration and Enforcement

§ 218-6. Building Official/Zoning Enforcement Officer to enforce. [Amended 2-12-2024 by Ord. No.

409] It shall be the duty of the Building Inspector to interpret, administer, and enforce the provisions of this Ordinance. All references to enforcement by the Building Inspector include reference to the Zoning Inspector.

• A. Qualifications. To qualify for the position to enforce this ordinance, a person must demonstrate the ability to:

• • (1) Understand maps and plans and to relate them to structures and land uses on the ground;

• • (2) Comprehend this Ordinance and identify violations of this Ordinance;

• • (3) Communicate orally and in writing the matters pertinent to his duties; and (4) Carry out his duties outlined in Part B of this Section.

• B. Duties. The following shall be the duties of the Building Inspector related to the enforcement of this ordinance to:

• • (1) Receive, review, and make recommendations on applications to the Zoning Board/Platting of Review and keep all records of the Board.

• • (2) Collect all required fees;

• • (3) Keep records relating to uses of land;

• • (4) Authorize commencement of uses of development under the provisions of this ordinance;

• • (5) Investigate suspected violations and issue violation notices requesting corrective actions;

• • (6) Exercise such powers and duties as may be set forth in this Ordinance.

• • (7) Provide verbal guidance or clarification on the interpretation of this Ordinance.

• • (8) Provide guidance or clarification, and upon written request, issue a zoning certificate, or otherwise provide information to the requesting party as to the certificate within fifteen working days of the request. If no response is provided, the requesting party can appeal to the Zoning Board of Review for the certificate.

• • (9) Maintain for distribution to the public a supply of copies of the official zoning map(s), the compiled text of the Zoning Ordinance and the rules of the Zoning Board of Review.

• • (10) The zoning enforcement officer is authorized to grant modification permits that are fifteen percent (15%) or less of the dimensional requirements specified in the zoning ordinance. A modification does not permit moving of lot lines. Within ten (10) 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 requested 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; and (d) The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands. Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement officer 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 (5%), 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 town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for a 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 fourteen (14) days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

§ 218-7. Records.

The Town Clerk shall maintain the record copy of the Zoning Ordinance and Maps and all amendments thereto. A duplicate copy shall be available for public review at the Building Inspector's office. Changes to the Zoning Map shall be depicted on the map by the Building Inspector or his agent within twenty days.

§ 218-8. Building permits required.

No land shall be used or excavated for a foundation hole and no building, structure or sign shall be erected, modified, enlarged, relocated, demolished, or placed into use until a building permit has been issued by the Building Inspector. The Inspector may require such information as he may deem necessary to be filed with the applications for a permit. A permit may not be issued by the Inspector for uses not permitted except where the Zoning Board of Review approves the granting of an appeal, special use permit or variance or a statement is approved by the Town Council indicating an amendment to this Ordinance. The Inspector shall retain a copy of each permit issued, and a copy shall be forwarded to the Tax Assessor.

§ 218-9. Penalties for offenses.

Any person, group of persons or corporation violating any of the provisions of this Ordinance or any term, safeguard or condition attached to the granting of any approval issued pursuant to this Ordinance may be fined not more than $500.00 for each offense. Each day of the existence of a violation, after notification in writing by the Building Inspector, shall be deemed a separate offense. The Building Inspector shall notify the property owner and the Town Solicitor of any violation and lack of corrective action. The Town Solicitor shall institute appropriate action to abate such violation.

§ 218-10. Amendments.

This Ordinance may be amended by the Town Council, and any person, group of persons or corporation may make application. The Town Clerk shall be the recipient of any proposal for adoption, amendment, or repeal of the zoning ordinance and any associated zoning maps. Immediately upon the receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council and to the Planning Commission for study and recommendation. The Planning Commission shall report to the Town Council within fortyfive days after receipt, on its findings and recommendations. Where a proposal for adoption, amendment, or repeal is made by the Planning Commission, the proposal by the Commission shall include its findings and recommendations pursuant to § 218-14, Review by Planning Commission. The Town Council shall hold a public hearing within sixty-five days of receipt of a complete application, giving proper notice as prescribed in § 218-13, Procedure. The provisions of this Section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

§ 218-11. Amendment fees.

All applications for amendments shall be accompanied by the following nonrefundable filing fees payable to the Town of Charlestown. Cost of advertising, postage and any other costs incurred by the Town shall be paid upon billing by the Town Clerk. Item Fee Text amendment $100 District change to residential $250 District change to other than residential $500

§ 218-12. Prohibited uses and exceptions.

This Ordinance contains prohibited uses in zones within the Town. On application, a prohibited use may be changed through amendment by the Town Council to allow the use by special use permit on a case by case basis.

ARTICLE III Amendments Procedure

§ 218-13. Procedure. [Amended 2-12-2024 by Ord. No. 409]

• A. No zoning ordinance 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 the public hearing by publication of notice in a newspaper of local circulation within the town at least once each week for three (3) successive weeks prior to the date of the 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, which may be a copy of the newspaper notice, shall be mailed to the parties specified in Subsections B, C, D, E, and F of this section, at least two (2) weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and the same notice shall be posted in the town clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (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 that adoption, amendment, or repeal of a zoning ordinance is under consideration;

• • (3) Contain a statement of the proposed amendments to the ordinance that shall be printed once in its entirety and twice by reference if the ordinance is lengthy;

• • (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 proposals shown on the ordinance 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 alteration or amendment must be presented for comment in the course of the hearing.

• B. Where a proposed general amendment to an existing zoning ordinance 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 by first-class mail at least two (2) weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A. If the town 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 sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be retained to demonstrate proof of the mailing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

• D. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by 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, existing streets and roads and their names, and city and town boundaries where appropriate; and (2) Written notice of the date, time, and place of the public hearing and the nature and purpose of the hearing shall be sent to all owners of real property whose property is located in or within not less than two hundred feet (200′) of the perimeter of the area proposed for change, whether within the town or within an adjacent city or town. 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 in which the property is located; 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 city or town council of any city or town to which one or more of the following pertain:

• • (1) That is located in or within not less than two hundred feet (200′) 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 two thousand feet (2,000′) 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 or agency, special water district, or private water company that has riparian rights to a surface water resource or surface watershed that is used, or is suitable for use, as a public water source and that is within two thousand feet (2,000′) of any real property that is the subject of a proposed zoning change; provided, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building inspector in the city or town a map survey, that shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand feet (2,000′) thereof.

• G. Notwithstanding any of the requirements set forth in Subsections A through E, the Town shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The town shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the city or town.

• • (1) Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an "aggrieved party" under R.I. Gen. Laws § 45-24-31(4).

• H. No defect in the form of any notice under this section shall render any ordinance or amendment invalid unless the defect is found to be intentional or misleading.

• I. Costs of any notice newspaper and mailing notices required under this section shall be borne by the applicant.

• J. In granting a zoning ordinance amendment, notwithstanding the provisions of R.I. Gen. Laws § 45-24-37, the town council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned and impose limitations, conditions, and restrictions, including, without limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use that 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. The responsible town official shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, that 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. The Town Clerk's office shall record the Town Council resolution documenting the limitations and conditions imposed in the land evidence records. The Town Clerk's office shall coordinate with the Building Official and the GIS Coordinator to ensure that the limitations and conditions so imposed are clearly noted on the zoning map. 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 (2) years or more after the zone change becomes effective, the town council may, after a public hearing, change the land to its original zoning use before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

• K. Appeal of Enactment or Amendment. An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the Superior Court of Washington County by filing a complaint, as set forth in R.I. Gen. Laws § 45-24-71.

§ 218-14. Review by Planning Commission.

• A. Advisory Opinion. The Planning Commission shall file with the Town Council an advisory opinion on all proposed amendments to this Ordinance within forty-five days of receipt of such a proposal. The Town Council shall consider such advisory opinion but shall not be bound by such. Among its findings and recommendation to the Town Council, the Planning Commission shall:

• • (1) Include a statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statement, the implementation program, and other applicable elements of the Comprehensive Plan; and (2) Include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in § 218-2, Purpose/consistency with Comprehensive Plan/state laws.

• B. Periodic Review. The Planning Commission shall review this Ordinance every two years. The Commission shall recommend any appropriate amendments to the Town Council considering current development trends and needs, or whenever changes are made to the Comprehensive Plan.

§ 218-15. Decision by Town Council.

Within forty-five days after the completion of the public hearing, the Town Council shall render a decision on any proposed amendment and shall notify the applicant, the Building Inspector, Town Planner and the Planning Commission. If the land that has been rezoned is not used for the requested purpose within two years after the zone change becomes effective, the Town Council may, after a public hearing, change the land to its original district. In granting a zoning amendment, the Town Council may limit the change to only one of the permitted uses allowed in the requested district and impose such limitations, conditions, and restrictions, including, without limitation:

• A. Requiring the petitioner to obtain a permit or approval from any and all state and local government agencies having jurisdiction over the land and use which are the subject of the zoning change;

• B. Those relating to the effectiveness or continued effectiveness of the zoning change;

• C. Those relating to the use of the land; as it deems necessary.

• D. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

§ 218-16. Repetitive petitions.

Where the Town Council or the Zoning Board denies an application, the Council or the Board shall not consider another application for the same request for a period of one year. The Town Council or the Zoning Board, may accept a new application after six months, provided that the application that is accompanied by an affidavit setting forth facts showing a substantial change of circumstances. The Council or Board shall review the affidavit and facts for considering justifying a rehearing for the new application.

§ 218-17. Publication of amendments.

Within twenty days after an amendment, the Town Clerk shall have copies of such available for a fee. The Town Clerk shall record the amendment in the land evidence records at the applicant's expense. Where an amendment changes the Official Zoning Maps, said map shall be amended by the Building Inspector or his agent at the applicant's expense, to show the change. A note shall show the date of amendment and reference the Town Council records. The Town Clerk shall mail a copy of any amendments to the Associate Director of the Rhode Island Division of Planning and the State Law Library.

ARTICLE IV Zoning Board of Review

§ 218-18. Establishment/membership.

A Zoning Board of Review, hereinafter called the "Board," is hereby created. The Board shall be appointed by the Town Council and shall consist of five regular members and three alternate members. Each regular member shall be appointed for a term of five years, except that the original appointments shall be made for terms of one, two, three, four and five years respectively. The alternate members shall be appointed for terms of one year. If a vacancy on the Board should occur, the Council shall appoint one of the alternates as a member for the unexpired term. All members of the Board shall be legal residents of the Town, and no member shall be an elected official or salaried employee of the Town.

§ 218-19. Organization.

Once each year, the Board shall organize by electing from its regular membership a Chairman, Vice Chairman and a Secretary.

§ 218-20. Meetings and hearings.

Meetings of the Board shall be held as the Board may determine. The Chairman or, in his absence, the Vice Chairman may administer oaths, compel the attendance of witnesses and the submission of explanatory data. Alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two members of the Board are unable to serve at a hearing. Without the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning that matter. All hearings of the Board shall be open to the public. Following a public hearing, the Board shall render a decision within forty-five days. The Board shall include in its decision all findings of facts, conditions, the vote of each member participating thereon, the absence of a member or failures to vote. All decisions shall be filed in the Building Inspector's Office within twenty working days, and shall be a public record.

§ 218-21. Records of proceedings.

Records shall be available for review at the Building Inspector's Office. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant and to the Associate Director of the Rhode Island Division of Planning. Any decision granting a variance, or special use shall also be recorded at the applicant's expense in the land evidence records of the Town.

§ 218-22. Powers and duties.

The Board shall have the following powers and duties:

• A. To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an officer or commission in the enforcement or interpretation of this Ordinance, or of any section adopted pursuant hereto;

• B. To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to R.I. Gen. Laws §§ 45-24.1-7.1 and 45-24.1-7.2;

• C. To hear and decide appeals where the Board of review is appointed as the board of appeals for airport zoning regulations pursuant to R.I. Gen. Laws § 1-3-19;

• D. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to R.I. Gen. Laws § 45-24-41;

• E. To authorize, upon application, special use permits: and to authorize by special use permit relief from the dimensional and intensity regulations of the ordinance for any use the board authorizes by special use permit. See ARTICLE VI § 218-35 and § 218-36, Land Use Table.

• F. To refer applications or matters to the Planning Commission, or to other boards of the Town as the Board may deem appropriate, for advisory findings and recommendations;

• G. To provide for issuance of conditional zoning approvals where a proposed application requires one or more state or federal agency approvals that are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period; and

• H. To hear and decide other matters, according to this Ordinance upon which the Board may be authorized to pass.

• I. In granting a variance, special use permit or in making any determination upon which it is required to pass, the Board and other enforcement officials as identified in this ordinance may apply such special conditions that may be required to promote the intent and purposes of this Ordinance. Failure to abide by any special conditions attached shall constitute a zoning violation. The special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

• • (1) Minimizing adverse impact of the development upon abutting land, including the type, intensity, design, and performance of activities;

• • (2) Controlling the sequence of development, including when it must be commenced and completed;

• • (3) Controlling the duration of use of development and the time within which any temporary structure must be removed;

• • (4) Assuring satisfactory installation and maintenance of required public improvements;

• • (5) Designating the exact location and nature of development and;

• • (6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

• J. The Board shall be required to vote as follows: [Amended 2-12-2024 by Ord. No. 409] (1) Four active members, which may include alternates, shall be necessary to conduct a hearing. When a conflict of interest occurs, that member shall recuse themselves, and take no part in the conduct of the hearing. A maximum of five active members, including alternates, shall be entitled to vote on any issue;

• • (2) The concurring vote of a majority of members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any officer from whom an appeal was taken; and (3) The concurring vote of a majority of members of the Board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Board upon which it is required to pass under the ordinance, including variances and special use permits.

• K. Applications. All applications for variances, special use permits and appeals shall be submitted in writing on a form supplied by the Building Inspector accompanied by the appropriate fee as prescribed in § 218-26, Fees. The Board may deny an application for incomplete information or improper fee having been submitted. Any person filing an application for review by the Board shall be responsible for the cost of preparing the transcript of the public hearings on said decision.

• L. Appeals from Planning Commission. To take actions on appeals of the Planning Commission according to the provisions of R.I. Gen. Laws § 45-23, as may be amended from time to time, and to hear appeals on any determination of the Planning Commission in the enforcement of this Ordinance. The concurring vote of four members of the Board shall be necessary to reverse any decision or determination of the Planning Commission. Notice of an appeal under R.I. Gen. Laws § 45-23 shall also be transmitted by certified mail to the Planning Commission by the applicant.

• M. Assistance. The Board may engage legal, technical, clerical assistance or other technical experts to discharge its duties within the limit of funds available to it and additional expenses shall be borne by the applicants who appear before it.

• N. Rules. The Board, in order to conduct its responsibilities in an orderly, effective fashion, may adopt additional procedures, guidelines and regulations consistent with the intent of this Ordinance. The Board may enact application requirements and procedures to assure compliance with this Ordinance.

• O. All members, including alternate members, of the zoning board shall be required to participate in continuing education courses promulgated pursuant to § 45-70-3 of the General Laws entitled "Continuing education for local planning and zoning boards and historic district commissions." [Added 2-12-2024 by Ord. No. 409]

• P. Unified Development Review. Pursuant to the relevant requirements of the R.I. General Laws at § 45-24-46.4, as amended, unified development review is authorized on variances and special use permits for properties undergoing review which qualifies for unified development review by the Planning Commission, and which shall be conducted and decided by the Planning Commission. [Added 10-28-2024 by Ord. No. 426] (1) The Planning Commission, under the provisions of this section shall have the authority:

• • (a) To grant, grant with conditions, or deny zoning relief; and (b) In addition, any person, group, agency, or corporation that files an application for a project under this section shall also file specific requests for relief from the literal requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, pursuant to § 45-24-42, by including such within the application to the administrative officer with the other required application materials, pursuant to § 45-23-50.1.

• • (2) All land development and subdivision applications that include requests for variances and/or special-use permits submitted pursuant to this section shall require a public hearing that meets the requirements of § 45-23-50.1.

• • (3) In granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements of § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards.

• • (4) In reviewing requests for special-use permits, the Planning Commission shall be bound to the conditions and procedures under which a special-use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 45-24-42.

• • (5) An appeal from any decision made pursuant to this section may be taken pursuant to § 45-23-71.

§ 218-23. Special use permits. [Amended 2-12-2024 by Ord. No. 409]

• A. A special use permit may be approved by the Board or under unified development review pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, following a public hearing if, in the opinion of the Board or the Planning Commission pursuant to unified development review, that evidence to the satisfaction of the following standards has been entered into the record of the proceedings:

• • (1) The public convenience and welfare will be substantially served;

• • (2) It will not result in adverse impacts or create conditions that will be inimical to the public health, safety, morals and general welfare of the community;

• • (3) The requested special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this Zoning Ordinance;

• • (4) That the granting of a special use permit will not pose a threat to drinking water supplies;

• • (5) That the use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light, glare, or air pollutants;

• • (6) That the sewage and waste disposal into the ground and the surface water drainage from the proposed use will be adequately handled on site;

• • (7) That the traffic generated by the proposed use will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area.

• B. In addition to the findings preceding, the Board or authorized permitting authority shall find that the application for a special use permit meets the performance standards for the specific category of use as contained in § 218-37I.

• C. A proposed land use which is not specifically listed in § 218-36, Land Use Table, may be presented by the property owner in the form of 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. Upon such determination the proposed use may be considered to be a use requiring a special use permit.

• D. The Board shall hold a public hearing on any application for special use permit within forty-five days after receipt, of a complete application. A public notice thereof shall be given at least fourteen days before the date of the hearing in a newspaper of local circulation in the Town. Notice of the hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. General Laws § 45-24-53. The notice shall include the street address of the such property, and the address and phone number of the applicant and/or property owner. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question. This supplemental posting is for information purposes only and does not constitute the required notice of a public hearing. The same notice shall be posted in the town clerk's office and one other municipal building in the Town and the Town must make the notice accessible on the home page of the Town’s website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

• E. A special use permit shall expire twelve months from the date of approval unless the applicant receives a building permit and commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the special use permit for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Official, actively pursues obtaining the approval and files the final approval with the Building Official as part of his building permit application.

• F. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use permit, if the special use could not exist without the dimensional variance. The Zoning Board of Review or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

§ 218-24. Variances. [Amended 2-12-2024 by Ord. No. 409] Relief from the literal requirements of this Ordinance because of hardship may be made by any person, group, agency or corporation by filing an application with the Building Official.

• A. The Board shall hold a public hearing on any complete application for variance within forty-five days after receipt. Public notice shall be given at least fourteen (14) days before the date of the hearing in a newspaper of local circulation in the Town. Notice of such hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. Gen. Laws § 45-24-53. The notice shall include the street address of the subject property, the address of the applicant and/or property owner and the phone number. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question. This supplemental posting is for information purposes only and does not constitute the required notice of a public hearing. The same notice shall be posted in the town clerk's office and one other municipal building in the Town and the Town must make the notice accessible on the home page of the Town’s website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

• B. In granting a variance or under unified development review pursuant to § 45-24-46.4, the Planning Commission, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings;

• • (1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;

• • (2) That said hardship is not the result of any prior action of the applicant; and (3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance;

• C. The Board, or under unified development review pursuant to § 45-24-46.4, the Planning Commission, shall, besides the above standards, require that evidence be entered into the record of the proceedings showing that:

• • (1) In granting a use variance, that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.

• • (2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission has the power to grant dimensional variances where the use is permitted by special-use permit.

• D. A variance from the provisions of this ordinance shall expire twelve months from the date of approval unless the applicant receives a building permit, commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the variance for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Inspector, actively pursues obtaining the approval and files the final approval with the Building Inspector as part of his building permit application.

§ 218-25. Appeals.

Appeals to the Board may be taken by any aggrieved party affected by a decision of an official charged with enforcement of this ordinance. Any such appeal shall be taken within ten days of the decision that is the subject of said appeal. The official or agency from whom the appeal is taken shall transmit to the Board the record upon which the appeal was taken.

• A. Applications. An application for appeal shall be filed directly with the Board specifying the grounds for the application. An appeal shall stay all proceedings in furtherance of the action appealed, unless the official or agency from whom the appeal is taken certifies to the Board that by reason of facts stated in the officer's or agency's opinion an appeal would cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

• B. Procedure. The Board shall hold a public hearing within forty-five days of receipt of a completed application on an appeal and shall publish notice of the hearing in a newspaper of general circulation in the Town at least fourteen days prior to the date of the hearing. The applicant shall give due notice by certified mail at least fourteen days prior to the date of the hearing to property owners within two hundred feet of the subject of the application, the Board and other parties in interest. The Board shall render a decision on the application within fifteen days of said hearing. Any party may appear at the hearing in person or by representative.

• C. Review. The Board may reverse, affirm wholly or partly or may modify the decision or determinations appealed from and make such order, requirements, decision or determination as necessary. The Board shall have all the powers of the official or agency from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provision of R.I. Gen. Laws § 45-24-61.

• D. Appeal of Board Decision. Any person or persons aggrieved by a decision of the Board may appeal such decision as provided by R.I. Gen. Laws, § 45-24-69. [Amended 10-28-2024 by Ord. No. 426]

§ 218-26. Fees. [Amended 2-12-2024 by Ord. No. 409] Any person filing an application for a modification, zoning certificate, special use permit, variance or filing an appeal to the Board, shall, at the time of said filing, pay to the Town the following fees as applicable:

• A. Modification: 5 percent or less $75; 6 percent to 15 percent $150.

• B. Single-family residential and accessory use: $225.

• C. Two-family residential: $300.

• D. Multifamily: $400 plus $10 for each additional unit in excess of three units.

• E. All other uses and any supplementary regulation thereto: $300, plus $0.10 per square foot over 2,000 of affected area added, modified or changed in use.

• F. Appeals from the decision of the Building Official or Zoning Enforcement Officer shall pay a fee of $225.

• G. Any person filing an appeal shall be responsible for the cost of preparing the transcript of the public hearing on said decision.

• H. Zoning Certificates. Applications for a zoning certificate shall be submitted to the Building Official on a form he prescribes and shall pay a $50 application fee. Certificates that require research outside the Building Official's Office for more than one hour of time shall be charged at twenty dollars per hour in addition to the $50 application fee.

ARTICLE V Procedure for Low or Moderate Income Housing Application [Amended 5-20-2024 by Ord. No. 417]

§ 218-27. Authority to Act on Applications for Low or Moderate Income Housing.

In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, the R.I. Low and Moderate Income Housing Act, as amended (the "Act"), the Charlestown Code of Ordinances, and the Charlestown Zoning Ordinance, the Planning Commission is designated as the local review board and shall have the authority to act on applications qualifying under and through the Act as low or moderate income housing. The local review board shall have the authority of any town official, zoning board of review, planning commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws in regard to their review and action concerning qualified applications under the Act. All definitions, terms, and provisions contained in the Act are incorporated into these regulations by reference. The regulations contained herein are intended to be complementary and to be used in unison with the Act by and through the provisions set forth herein.

§ 218-28. Review Procedures, Criteria for Approval, Duration of Approval.

• A. Any applicant proposing to build low- or moderate-income housing may submit to the Planning Commission a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

• B. Municipal government subsidies, including adjustments and zoning incentives, are to be made available to applications under this article to offset the differential costs of the low- or moderateincoming housing units in a development under this article. At a minimum, the following zoning incentives shall be allowed for projects submitted under this article:

• • (1) Density bonus. The Town shall provide an applicant with more dwelling units than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government subsidies as defined in § 45-53-3. Furthermore, the Town shall provide, at a minimum, the following density bonuses for projects submitted under this article, provided that the total land utilized in the density calculation shall exclude wetlands; wetland buffers; area devoted to infrastructure necessary for development; and easements or rights of way of record:

• • • (a) For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income housing shall be at least five (5) units per acre;

• • • (b) For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides at least fifty percent (50%) low- and moderateincome housing shall be at least nine (9) units per acre;

• • • (c) For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides one hundred percent (100%) low- and moderateincome housing shall be at least twelve (12) units per acre;

• • • (d) For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income housing shall be at least three (3) units per acre;

• • • (e) For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing shall be at least five (5) units per acre;

• • • (f) For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides one hundred percent (100%) low- and moderate-income housing shall be at least eight (8) units per acre;

• • (2) Parking. The Town shall not require more than one off-street parking space per dwelling unit for units up to and including two (2) bedrooms in applications submitted under this article;

• • (3) Bedrooms. The Town shall not limit the number of bedrooms for applications submitted under this article to anything less than three (3) bedrooms per dwelling unit for single-family dwelling units;

• • (4) Floor area. The Town shall not utilize floor area requirements to limit any application, except as provided by § 45-24.3-11.

• C. The Town shall not restrict comprehensive permit applications and permits by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units.

• D. The application and review process for a comprehensive permit shall be as follows:

• • (1) Pre-application conference. The Planning Commission may require an applicant proposing a project under this article to complete, or the applicant proposing a project under this article may request a pre-application conference with the Planning Commission, the technical review committee established pursuant to § 45-23-56, or with the administrative officer for the Planning Commission as appropriate. In advance of a pre-application conference, the applicant shall be required to submit only a short description of the project in writing including the number of units, type of housing, density analysis, preliminary list of adjustments needed, as well as a location map, and conceptual site plan. The purpose of the pre-application conference shall be to review a concept plan of the proposed development and to elicit feedback from the reviewing person or board. Upon receipt of a request by an applicant for a pre-application conference, the Town shall have thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe is agreed to by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-application submission and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for preliminary plan review for a comprehensive permit.

• • (2) Preliminary plan review.

• • • (a) Submission requirements. Applications for preliminary plan review under this article shall include:

• • • • [1] A letter of eligibility issued by the Rhode Island housing and mortgage finance corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and

• • • • [2] A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and

• • • • [3] A proposed timetable for the commencement of construction and completion of the project; and

• • • • [4] Those items required for the submission checklist of a preliminary plan as contained in the Charlestown Subdivision and Land Development Regulations, with the exception of evidence of state or federal permits; and

• • • • [5] Notwithstanding the submission requirements set forth above, the Planning Commission may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.

• • • (b) Certification of completeness. The preliminary plan application must be certified complete or incomplete by the administrative officer according to the provisions of § 45-23-36; provided, however, that the certificate shall be granted within twenty-five (25) days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

• • • (c) Review of applications. An application filed in accordance with this section shall be reviewed in accordance with the following provisions:

• • • • [1] Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

• • • • [2] Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. The cost of notice shall be paid by the applicant.

• • • • [3] Timeframe for review. The Planning Commission shall render a decision on the preliminary plan application within ninety (90) days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of a written consent.

• • • • [4] Failure to act. Failure of the Planning Commission to act within the prescribed period constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the failure of the Planning Commission to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed in subsections D(2)(c)[1] and D(2)(c)[3] of this section, the application is deemed to have been allowed and the preliminary plan approval shall be issued immediately.

• • • • [5] Required findings for approval. In approving an application, the Planning Commission shall make positive findings, supported by legally competent evidence on the record that discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

• • • • [a] The proposed development is consistent with local needs as identified in the comprehensive community plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

• • • • [b] The proposed development is in compliance with the standards and provisions of the Town's zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for lowand moderate-income housing.

• • • • [c] All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to, the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

• • • • [d] There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

• • • • [e] All proposed land developments and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of § 45-23-60(a)(5).

• • • • [f] The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

• • • • [6] Required findings for denial. In reviewing the comprehensive permit request, the Planning Commission may deny the request for any of the following reasons:

• • • • [a] If the Town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the Planning Commission also finds that the Town has made significant progress in implementing that housing plan;

• • • • [b] The proposal is not consistent with local needs, including, but not limited to, the needs identified in the Charlestown approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance with the comprehensive plan;

• • • • [c] The proposal is not in conformance with the Charlestown comprehensive plan;

• • • • [d] The Town has met or has plans to meet the goal of ten percent (10%) of the year-round units as defined in § 45-53-3(5)(i) being low- and moderate-income housing; provided that, the Planning Commission also finds that the Town has achieved or has made significant progress towards meeting the goals required by this section; or

• • • • [e] Concerns for the environment and the health and safety of current residents have not been adequately addressed.

• • • (d) Vesting. The approved preliminary plan is vested for a period of two (2) years with the right to extend for two (2), one-year extensions upon written request by the applicant, who must appear before the Planning Commission for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the Planning Commission. The vesting for the preliminary plan approval includes all ordinance provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and supporting material.

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

• • • (a) Submission requirements. Applications for final plan review under this section shall include:

• • • • [1] All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and

• • • • [2] A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and

• • • • [3] A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) years; and

• • • • [4] Those items required for the submission checklist of a final plan as contained in the Charlestown Subdivision and Land Development Regulations, including, but not limited to:

• • • • [a] Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees; and

• • • • [b] Certification by the tax collector that all property taxes are current; and

• • • • [c] For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

• • • (b) Certification of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of § 45-23-36; provided however, that the certificate shall be granted within twenty-five (25) days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

• • • (c) Review of applications.

• • • • [1] Timeframe for review. The reviewing authority shall render a decision on the final plan application within forty-five (45) days of the date the application is certified complete.

• • • • [2] Modifications and changes to plans:

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

• • • • [b] Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the Planning Commission and must follow the same review and public hearing process required for approval of preliminary plans as described in subsection D(2)(c) of this section.

• • • • [c] The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the final plan application if the administrative officer is referring the application to the Planning Commission under this subsection.

• • • • [3] Decision on final plan. An application filed in accordance with this section shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approvals or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

• • • • [4] Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan, and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

• • • • (d) Vesting. The approved final plan is vested for a period of two (2) years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the Planning Commission for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the Planning Commission.

• • (4) Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the Planning Commission, that proposed conditions of approval are infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

• • (5) Fees. The Town may impose fees on comprehensive permit applications that are consistent with but do not exceed fees that would otherwise be assessed for a project of the same scope and type, but not proceeding under this article; provided, however, the imposition of such fees shall not preclude a showing by an applicant that the fees make the project financially infeasible.

• • (6) Recording of written decisions. All written decisions on applications under this section shall be recorded in the land evidence records within twenty (20) days after the Planning Commission's vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.

• • (7) Local review board powers. The Planning Commission has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with the terms of this section.

• • (8) Majority vote required. All Planning Commission decisions on comprehensive permits shall be by majority vote of the members present at the proceeding.

• • (9) Construction timetable. A comprehensive permit shall expire unless construction is started within twelve (12) months and completed within sixty (60) months of the recording of the final plan unless a longer and/or phased period for development is agreed to by the Planning Commission and the applicant. Low- and moderate-income housing units shall be built and occupied prior to, or simultaneous with the construction and occupancy of market rate units.

• • (10) For-profit developers — Limits. If the Town enacts an approved affordable housing plan and is meeting local housing needs, as defined in this section, the Town may by council action limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent (1%) of the total number of year-round housing units in the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth elsewhere in this section, the Planning Commission shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which they are submitted.

§ 218-29. Appeals.

A decision of a local review board may be appealed by the applicant or an aggrieved party, as defined by § 45-24-31, to the superior court for Washington County. The appeal shall be taken within twenty (20) days after the date of the recording and posting of the decision by the local review board, by filing with the superior court a complaint that contains a statement of the prior proceedings and the reasons upon which the appeal is based. The complaint shall name the local review board as the appellee and serve the local review board with the appeal within twenty (20) days of filing of the appeal. If an aggrieved party who or that is not the applicant files an appeal, the original applicant shall be named as a party and served in the same manner as the local review board.

§ 218-30. through § 218-32. (Reserved)

ARTICLE VI Land Use Regulations

§ 218-33. Zoning Districts.

The Town is hereby divided into zoning districts of such number and character to achieve compatibility of uses within each district and to carry out the purposes of this Ordinance and to implement the Town of Charlestown Comprehensive Plan 1991. Zoning districts are depicted by type and location on the official zoning map. For the purposes of this Ordinance, The Town of Charlestown is hereby divided into the following zoning districts:

• A. Residential.

• • (1) Residence: R-20 (2) Residence: R-40 (3) Residence: R-2A (4) Residence: R-3A

• B. Commercial.

• • (1) Commercial 1: C-1 (2) Commercial 2: C-2 (3) Commercial 3: C-3

• C. Other Standard Districts.

• • (1) Planned Development: PDD (2) Industrial: I (3) Open Space/Recreation: OSR (4) Municipal: M (5) Traditional Village District: TVD

• D. Overlay Districts. The following overlay districts are hereby established:

• • (1) Flood Hazard Areas (2) Groundwater Protection Overlay: GWP (3) Historic Village Overlay: HV (4) Scenic Roadways (Reserved)

• • (5) Mixed-Use Zoning Overlay District

• E. Other Land within the Town.

• • (1) Narragansett Indian Tribe Settlement Lands.

• F. Principles of Standard Zoning Districts. The following are the general principles upon which the standard zoning districts are based. These principles are intended to be consistent with and implement the Future Land Use Map and Element of the Town of Charlestown Comprehensive Plan 1991 and any amendments as may be adopted from time to time. Any modification of uses allowed within a zoning district shall be consistent with the principles set forth below, pertinent sections of the Comprehensive Plan and the RI CRMC SAM Plan, as may be amended from time to time.

• • (1) Residential Districts. These are districts whose primary use is residential. To foster long term environmental sustainability, to maintain the rural character of the Town, to protect residents from excess odors, smoke, gases, dust, noise, vibrations, to reduce the danger of fire or explosion, to eliminate nuisances and incompatible uses, to avoid excess lighting and glare, to provide privacy and safe public highways, to maintain water quality and septic sustainability and to protect the general health, safety and welfare of the Town, § 218-36, Land Use Table, limits where residential uses may be established in nonresidential districts.

• • • (a) Residence: R-20. This zoning district is intended primarily for areas of existing platted, high density, single family residential development. This district is intended to be consistent with the RI CRMC SAM Plan land use classification for water quality protection category of "Lands Already Developed Beyond Carrying Capacity." It is further intended to implement the "high density residential" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. The district minimum lot size is 20,000 square feet.

• • • (b) Residence: R-40. This zoning district is intended primarily for areas of existing, high density single family residential development distributed throughout the Town and existing village areas. This district is also intended to be consistent with the RI CRMC SAM Plan land use classification for water quality protection category of "Lands Already Developed Beyond Carrying Capacity." It is further intended to implement the "medium density residential" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. The district minimum lot size is 40,000 square feet.

• • • (c) Residence: R-2A. This zoning district is intended primarily for areas of low density residential development. It is intended to protect areas of Town with sensitive environmental characteristics. The groundwater recharge areas for the salt ponds are included within this category. This district is intended to be consistent with the RI CRMC SAM Plan land use classification for water quality protection category of "Lands of Critical Concern." It is further intended to implement the "low density residential" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. The minimum lot size is 2 acres.

• • • (d) Residence: R-3A. This zoning district is intended primarily for areas of low density residential development. It is intended to protect areas of Town with sensitive environmental characteristics. The groundwater recharge areas for several groundwater aquifers and the salt ponds are included within this category. This district is intended to be consistent with the RI CRMC SAM Plan land use classification for water quality protection categories of "Lands of Critical Concern" and those "Self-sustaining Lands" north of Route One. It is further intended to implement the "low density residential" future land use category of the Town of Charlestown Comprehensive Plan 1991. The minimum lot size is 3 acres.

• • (2) Commercial Districts: These are districts whose primary uses are nonresidential and are uses which must be segregated from residential uses because of fire hazards, traffic generation, noise, odors, frequent deliveries, and lighting. Residential uses are prohibited except where allowed by special use permit based upon health and safety reasons necessary to protect the overall health, safety, and general welfare of the Town. These are districts which are intended to provide uses that are to scale and character abutting roadways and adjacent land uses. The commercial districts described herein are intended to promote tourist and visitor facilities and necessary services for town residents while providing a sensitive transition between those uses and neighboring residential uses.

• • • (a) Commercial 1: C-1. This district is within or abuts village areas and neighboring areas that are predominately residential in character. It is intended to accommodate small convenience type groceries, shopping, offices, and frequently used local services with minimal impact on neighboring residential areas. It is further intended to implement the "Commercial 1" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. New development shall match the scale, density, and form of the existing area or neighborhood. Large commercial enterprises that supply high volume sales or drive-through businesses are not compatible with this district due to local vehicular and pedestrian traffic. The minimum lot size is 20,000 square feet.

• • • (b) Commercial 2: C-2. This district is intended to concentrate larger retail and service businesses serving the needs of regions of the Town. It is intended to prevent an unsafe mixture of commercial uses and eliminate potential impacts on residential uses. It is further intended to implement the "Commercial 2" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. It is intended for various retail, office, and service businesses that generate higher volumes of vehicular traffic and dependent upon frequent deliveries and, therefore, need access to major roads to accomplish minimal impacts on residential areas. The minimum lot size is 20,000 square feet.

• • • (c) Commercial 3: C-3. This district is intended only for areas abutting the highway known as "US Route 1." These areas are intended to be primarily vehicle oriented because of their location on a major highway. The intent of the district is to provide multiple retail, office, and service businesses that serve large volumes of traffic conveniently. It is further intended to implement the "Commercial 3" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. The intent of this district is to regulate existing and new traffic flow to prevent further traffic problems from occurring while allowing business development in the Town without impact to surrounding properties. It is also intended to serve regional, community, and local needs while respecting adjacent residential neighborhoods and other established commercial areas. The minimum lot size is 40,000 square feet.

• • (3) Other Standard Districts:

• • • (a) Planned Development District: PDD. This district is proposed for only two areas of town. One is a parcel of land west of Route 112 and abutting the Pawcatuck River and the other is a portion of land located between Route 1 and Route 1A, Old Post Road. The district is intended to protect environmentally sensitive areas, groundwater recharge and aquifers and regulate open space, density and aesthetics. The RI CRMC SAM Plan land use classification for water quality protection category of "Undeveloped Lands Zoned for High Density Development" is included in this district for the land south of Route 1. The purposes of the district are to allow for a flexible mixture of uses and amenities with performance standards while allowing the Town site plan review in the planning of a large parcel. It is further intended to implement the "planned development" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991.

• • • (b) Industrial: I. This district is intended to preserve and allow industrial uses which must be segregated for health and safety purposes. Manufacturing, warehousing, research and development offices are uses permitted with site development standards while minimizing disturbances to residential areas. It is further intended to implement the "industrial" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991. The minimum lot size is 80,000 square feet.

• • • (c) Open Space/Recreation: OSR. This is intended for areas in use as open space, conservation, and recreation. This district contains lands owned by public and nonprofit agencies and its purpose is to allow a variety of uses compatible with conservation recreation areas, such as agriculture, conservation, recreation camps, and wildlife reserves. It is further intended to implement the "open space/recreation/conservation" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991.

• • • (d) Municipal: M. This district is intended for Town owned parcels to allow uses to accommodate the functions and needs of the Town. It is further intended to implement the "municipal" proposed future land use category of the Town of Charlestown Comprehensive Plan 1991.

• • • (e) Traditional Village District (TVD). This district is to encourage small-scale business and residential uses consistent with the historic and pedestrian-scale characteristics that exist and which are unique to Charlestown village, to preserve the Town's heritage, to strengthen the local economy, to continue small town character and aesthetics and to promote the general welfare of the Town. The TVD regulations set forth herein are consistent with and further implement the Town of Charlestown Comprehensive Plan, dated 1991, and any amendments thereto.

• G. Overlay Districts. These districts include additional development criteria based upon unique characteristics or environmental features of an area. Along with the regulations of the underlying zoning district, uses permitted by right or by special use permit shall be subject to the regulations of the overlay districts. These overlay districts are as intended by the recommendations of the Town of Charlestown Comprehensive Plan 1991.

• H. Narragansett Indian Tribe Settlement Lands. This area is those lands within the Town of Charlestown which were acquired by the Narragansett Indian Tribe as Private and Public Settlements Lands under the provisions of the Rhode Island Indian Claims Settlement Act, 25 U.S.C. § 1701, et seq., and are held in trust by the United States of America for the Narragansett Indian Tribe, a federally recognized Indian Tribe. Other tribal land of the Narragansett Indian Tribe located within the Town of Charlestown, are not "Settlement Lands" as noted above.

• I. Planned Development Authorized. This Ordinance permits the creation of land development projects in which one or more lots are to be developed including, but not limited to, a planned development district and residential cluster subdivisions as provided for in following Sections of this Ordinance. The Planning Commission is empowered to apply such special conditions and stipulations to an application for such development as may, be required to maintain harmony with neighboring uses, mitigate potential impacts and promote the purposes of this Ordinance and the adopted Comprehensive Plan.

§ 218-34. Interpretation.

When uncertainty exists as to the boundaries of districts as shown on the Official Zoning Maps, the following rules shall apply:

• A. Boundaries indicated as approximately following the center lines of a highway, street, utility easements, railroad easements, watercourse or body of water shall be construed to be the middle thereof, or such boundaries indicated as approximately following town limits shall be construed as following such town limits.

• B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (The actual lot line is that line defined in the land evidence records; Assessor's Plat and Lot designation are to identify the lot and its general relationship to other lots. Lot lines on Assessor's Plats generally show the locus of the lot and do not represent nor are intended to reflect precisely legal descriptions for the lots shown.)

• C. Boundaries indicated as following shorelines shall be construed to follow such shorelines of rivers, lakes and ponds, or of the ocean, shall be construed to follow such shoreline(s) at the edge of the body of water. In the case of tidal waters, the line of mean high water shall be the shoreline and otherwise if there is a change in the shoreline, the boundary shall be construed as moving with the actual shoreline.

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

• E. Where physical or cultural features existing on the ground are at variance with these shown on the Official Map, or in other circumstances, not covered by the above subsections, the Building Inspector shall interpret the district boundaries.

• F. Boundaries of a defined depth zone shall be that line, all points of which are the distance of the defined depth distant from and perpendicular to a line at its point of tangency with the edge of the right of way or public roadway on which the lot fronts. At the end of the defined depth zone, the defined depth zone shall terminate at the lot side line and/or at the straight line extension of the lot side line, of the next adjacent lot, which lot is not in the defined depth zone. In the event the defined depth zone extends to a right of way or public roadway which intersects the road on which the lot fronts, (i.e. a corner lot) the zone shall terminate at the edge of the right of way or public roadway.

• G. Whenever this Ordinance requires consideration of distances, parking spaces, unit density, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the next lowest whole number.

• H. Where conflicts occur between the regulations of this Ordinance and other regulations effective within the Town, the more restrictive of the regulations shall apply.

• I. When there is a question regarding the interpretation of the provisions of this Ordinance, the Building Inspector shall interpret the intent of this Ordinance by a written decision issued in a zoning certificate. The interpretation shall become the standard interpretation for future application of that provision.

§ 218-35. District use Allowances.

• A. Generally. District use regulations are specified in § 218-36, Land Use Table. Any municipal use by the Town of Charlestown shall be permitted in all districts. Except as otherwise provided in this Ordinance, no building, structure, or land shall be used or occupied in the zoning districts indicated except for the purposes permitted in this Section.

• • (1) A use listed in any district by the letter "Y" is a use permitted by right, provided that all other requirements of federal and state law and this Ordinance have been met.

• • (2) A use listed in any district by the letter "S" is a use that may be permitted by special use permit. Uses permitted by special use permit shall be subject, in addition, to use regulations contained in this Section, to all performance standards and other regulations as specified in other articles herein and all applicable federal and state laws.

• • (3) A use listed in any district without a letter or a blank space is not permitted.

• • (4) A use listed in any overlay district by the letter "U" is determined allowable by consulting the underlying zoning district permitted uses.

• • (5) The laws of the State regarding wetlands, water supply and waste disposal shall be adhered to. No zoning approval shall be issued until approval is obtained from the Rhode Island Department of Environmental Management for sewage disposal where applicable.

• • (6) Although a use may be indicated as permitted or a special use permit in a particular district, it does not follow that such a use is permitted or permissible on every parcel in such district. No use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the performance standards and other regulations of this Ordinance and all applicable federal and state laws applicable to the specific use and parcel in question.

• B. Interpretations. The Building Inspector shall render an interpretation of any provision of this Ordinance, including interpretation of any use not expressly mentioned. A request for an interpretation shall be submitted in writing and be subject to the provisions of a zoning certificate. Appeals on interpretations may be taken to the Board as provided for in this Ordinance. The following conditions shall govern the Building Inspector, and the Board on appeals, in issuing interpretations:

• • (1) No interpretation shall allow the establishment of any use which was previously considered and rejected.

• • (2) No interpretation shall permit any use in any district unless evidence is presented which demonstrates that it will comply with each limitation established for the particular use and district.

• • (3) No interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.

• • (4) If the proposed use is more similar to a use permitted only as a special use permit in the district in which it is proposed to be located, then an interpretation permitting such use shall be conditioned on the issuance of a special use permit.

• • (5) Any use permitted pursuant to this Section shall fully comply with all requirements and standards imposed by this Ordinance.

§ 218-36. Land Use Table.

§ 218-37. Specific Land Use Standards and Conditions.

• A. Temporary Uses. The following temporary uses are permitted subject to the following specific regulations and standards, in addition to any other requirements specified by this Ordinance.

• • (1) Carnival/Circus/Public events. A carnival/circus/public event may be permitted subject to all other applicable federal, state and local laws.

• • (2) Contractor's/Real Estate Office. A contractor's/real estate office may be permitted in any district on site where such use is incidental to a construction or new subdivision project. The office shall not contain sleeping or cooking accommodations.

• • (3) Temporary Shelter. When fire or natural disaster has rendered a single-family residential unit unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional standards:

• • • (a) Required water and sanitary facilities must be provided.

• • • (b) Maximum length of permit shall be six months, but the Building Inspector may extend the permit not to exceed another three months in the event of circumstances beyond the control of the owner.

• • • (c) The mobile home shall be removed from the property upon the issuance of any occupancy permit for the new and rehabilitated residence.

• B. Accessory Uses. This section is intended to regulate the type, location, configuration, and conduct of accessory land uses to ensure that accessory uses are not physically or aesthetically harmful to residents of surrounding areas.

• • (1) General Standards and Requirements. Any number of different accessory structures may be located on a parcel, provided the following requirements are met;

• • • (a) There shall be an authorized principle use on the parcel, in compliance with all the requirements of this Ordinance except for agricultural structures on agricultural land where the agricultural land is enrolled in the Rhode Island Farm, Forest, and Open Space Program.

• • • (b) All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Ordinance.

• • • (c) Accessory structures for residential uses are to be used only for parking of vehicles and/or as unfinished storage areas, with the following exception: [Added 2-14-2011 by Ord. No. 32820]

• • • • [1] A finished area for habitable purposes is allowed, not to exceed 300 SF of floor area per property. Plumbing permitted in this area is limited to a half bath (i.e. toilet and sink only). Compliance with DEM regulations for onsite wastewater treatment systems (OWTS) is required. Use of any habitable area as a bedroom or for sleeping purposes is prohibited.

• • • • [2] Prior to the issuance of a building permit, the owner of the principal residence shall sign and record in the Charlestown Land Evidence Records an affidavit stating the total square footage of the accessory structure, and the total square footage of habitable area and its intended use (recreation, studio, workshop, etc.).

• • • (d) Accessory structures shall not be located in the front yard setback requirement, in a required buffer, a required landscape area, or other minimum building setback area. A permitted residential accessory structure may be placed in a side or rear yard area, but no closer than ten feet to a lot line.

• • • (e) Accessory structures shall be included in all calculations of lot coverage, impervious surface, stormwater runoff, and any other site design requirements applicable to the principal use of the lot.

• • • (f) No accessory structure shall be used for the storage of hazardous, incendiary, or noxious materials.

• • • (g) Motor vehicles, mobile homes, trailers or recreational vehicles shall not be used as accessory storage buildings, utility buildings, or other like uses.

• • • (h) Gasoline stations can not be considered an accessory use.

• • • (i) In a residential district, any accessory building shall not exceed more than 25 feet in height unless said accessory building is used for agricultural operations and then shall not exceed 30 feet in height.

• C. Agricultural Operations.

• • (1) Purpose. The purpose of this Section is to encourage farming and agricultural operations in the Town that follow established best management practices as published by the Rhode Island Department of Environmental Management, Division of Agriculture and the United States Department of Agriculture, Natural Resource Conservation Service. It is also to encourage farming and agricultural operations in addition to principle agricultural activities conducted on the site and the retail sales of certain farm and farm-related products. No agricultural operation shall operate in a manner that causes harmful effects upon abutting property including, but not limited to:

• • • (a) The pollution of any waterways or waterbodies, and;

• • • (b) The contamination of abutting property from improper application of insecticides, fertilizers, or similar chemical agents.

• • (2) General. Retail sales activities listed below are permitted by right on any agricultural land as defined in ARTICLE I § 218-5B, Terms defined. These retail sales shall be permitted in addition to retail sales of farm products normally associated with agricultural operations. Where circumstances unique to a peculiar site in question, relief from any requirement of this Section shall be available by Special Use Permit.

• • • (a) Sale of vegetative products not raised on the premises.

• • • (b) Sale of compost or manure produced on the premises only.

• • • (c) Sale of mulch composed of vegetative origin, such as bark mulch. No more than one hundred fifty cubic yards of mulch not produced on the farm itself may be stock piled on the premises at any one time. Sale of mulch composed of earth products such as stone, sand, or loam is prohibited.

• • • (d) Retail sales of farm-related products.

• • (3) Sale of Vegetative Products Not Raised On The Premises. Upon any agricultural land, the sale of vegetative farm products not raised on the premises shall be permitted, in addition to sale of any farm products raised or produced upon the premises itself. This is to allow vegetative farm products grown, produced, or raised off premises to be sold upon any farm anywhere in Town. Such products may also be sold within a farm retail sales building or farmstand, as defined herein.

• • (4) Farm Retail Sales Building.

• • • (a) Retail sales may be conducted upon a farm as follows:

• • • • [1] Within a principal dwelling;

• • • • [2] Within a barn, garage, storage shed, or similar accessory building, or;

• • • • [3] Within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed one thousand two hundred square feet per farm.

• • • (b) A barn, garage, or a greenhouse shall not be considered to be a farm retail sales building if no retail sales are conducted anywhere within the building and if such buildings are not open to the public. Storage areas within any farm retail sales building not open to the public shall not be counted toward the one thousand two hundred square foot maximum floor area per farm, provided that all such areas are permanently marked and identified as such. If any portion of a Farm Retail Building is open to and accessible by the public, it shall be counted toward the one thousand two hundred square foot maximum area. In addition to the sales listed above in Subsection (2), the following types of retail sales of food and food products are permitted within a Farm Retail Sales building (indoor sales only):

• • • • [1] Prepared food items such as baked goods, canned goods, preserves, herbs, and the like may be sold, provided all food preparation and cooking is conducted upon the farm and within a kitchen licensed by the State.

• • • • [2] Fresh or frozen meats, prepared or smoked meats, poultry or other perishable foods raised or produced on the premises may be sold, but the sale of freshly cooked meats or poultry is specifically prohibited.

• • • • [3] All food shall be prepared and packaged upon the premises.

• • • • [4] No food sold to the public shall be consumed by the public on the premises.

• • • • [5] Farm-related products may be sold, provided that such area reserved for such sales does not exceed twenty-five percent of the total floor area of the farm retail sales building.

• • (5) Farmstand. A farmstand is a freestanding accessory structure or farm vehicle which does not exceed two hundred square feet in total floor area and twelve feet in height and is used only for the sale of seasonable farm products, the major portion of which are grown or produced on the premises. Farmstands may be structures or may be farm wagons or trailers. There shall be no space available to patrons inside the farmstand. Farmstands may, however, provide a front counter security shutter that lifts to form a canopy roof when open for business, shields patrons at the counter from rain and sun. No electrical service shall be provided to any farmstand structure. Motorized vehicles may be provided with batteries as required for normal operation of a motor vehicle, but such electrical service shall not be used for signs, outdoor lighting, or refrigeration.

• • (6) Location. Farmstands and Farm Retail Sales Buildings are permitted only upon the premises of a farm with agricultural operations using best management practices as described in Subsection (1) above. Farm retail sales buildings shall meet the minimum yard setback requirements for the zoning district in which the building is located. Farm stands shall not be subject to minimum yard setbacks, but in all cases shall be setback from the edge of a public or private right-of-way a minimum of twenty feet.

• • (7) A farm supply Dealer shall be a permitted use, in addition to any other permitted agricultural use, on any lot of land actively devoted to agricultural or horticultural use in any residential zone provided that such lot of land meets the definition of Farm Land as set forth in the "Rules and Regulations for Implementation of the Farm, Forest, and Open Space Act, Effective October 2, 1980" (or as amended) of the State of Rhode Island Department of Environmental Management, and provided that:

• • • (a) The land has been enrolled as Farm Land in accord with the provisions of R.I. Gen. Laws Section 44-27-1, et seq., and its implementing regulations; and (b) The lot of land is not less than twenty-five (25) acres in area.

• • (8) Off-street Parking and Loading. A farm retail sales building shall provide off-street parking for one space for every one hundred square feet of floor area devoted to sales with a minimum of five spaces provided. Farmstands shall provide a minimum of two off-street parking spaces. All such parking areas shall be set back at least ten feet from the edge of a public or private rightof-way and shall be physically restricted or channeled on the lot to define a readily recognizable driveway. There shall be no parking directly on a road shoulder at any time. There are no offstreet loading requirements for farm retail sales buildings or farm stands.

• • (9) Dwelling Units Allowed.

• • • (a) Any lot of land actively devoted to agricultural or horticultural use in any residential zone shall be permitted to have one accessory dwelling unit in addition to the principal dwelling unit, provided that:

• • • • [1] The lot of land constitutes a "farm unit," meaning land owned by the farmer, including woodland and wetlands, at least five acres of which are actively devoted to agricultural or horticultural use and which have produced an annual gross income from the sale of its farm products of at least $2,500 in each of the prior four years; and

• • • • [2] The lot of land is not less than 15 acres in area.

• • • • [3] Any accessory dwelling unit proposed for a lot of land meeting the above criteria shall be established in compliance with locally adopted building codes, either in the existing dwelling unit, an existing accessory building or in a new structure elsewhere on the lot of land. Any new accessory dwelling unit, in accordance with this Section, shall conform to all setback requirements for the principal structure for the zone in which it is located.

• • • • [4] The property owner must provide evidence to the Building/Zoning Official that the lot of land meets the criteria set forth in this Section before a building permit for the accessory dwelling unit is issued.

• D. Utilities.

• • (1) Generally. All public and semipublic utilities shall conform to the provision of this Section. Applicable utilities include, but are not limited to, public utility buildings or structures, distribution centers, electric substations, water and/or sewer pumping stations, sewer treatment plants, water towers and standpipes, and the like. Such utilities shall be enclosed or screened according the provision of § 218-74, Landscaping. All utilities shall provide a landscaped fifty foot buffer strip along all lot lines, and shall comply with the general development standards of ARTICLE XIII Development Standards.

• • (2) Telecommunication Towers/Poles. [Amended 4-7-2011 by Ord. No. 336] (a) Purpose. The purpose of this section is to provide guidelines for the siting of towers and antennas that are consistent with the rural character and land uses of the town. The goals of this section are to:

• • • [1] Establish locations of towers and minimize the total number of towers throughout the community, while providing seamless coverage;

• • • [2] Maximize location of antennas on existing structures, and require the joint use (colocation) of new and existing towers in order to minimize or mitigate any adverse impact on the Town;

• • • [3] Facilitate the use of public/municipal property and structures for the siting of towers and antennas;

• • • [4] Address public safety concerns associated with the siting of wireless communications facilities, including towers, antennas and related facilities, equipment and structures;

• • • [5] Provide for the design and siting of wireless communications facilities so as to minimize their visual impact on neighboring properties and on the character of the town.

• • • (b) Applicability

• • • [1] New Towers and Facilities. The requirements set forth in this section shall govern the location of all new telecommunication facilities and related equipment, including television and radio transmission towers. Except as provided herein, the general height limitations of the Zoning Ordinance otherwise applicable to buildings and structures shall not apply to towers and antennas.

• • • [2] Amateur Radio Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

• • • [3] Pre-existing Tower and Antennas. Any tower or antenna for which a building permit has been properly issued prior to the effective date of this zoning amendment shall not be required to meet the requirements of this Section. However, any proposed extension beyond twenty (20) feet in the height of an existing facility, replacement of a facility, or installation of an additional antenna to a facility shall be subject to the requirements of this section.

• • • (c) Definitions

• • • ANTENNA — The surface from which wireless radio signals are sent and/or received by a personal wireless service facility.

• • • CAMOUFLAGED — A personal wireless service facility that is disguised, hidden, or part of or placed within either an existing structure or a proposed structure which is intended and designed for use other than the mounting of personal wireless service facilities, and which is not modified for that use in any way which is obvious from the exterior of the structure.

• • • CARRIER — A company that provides personal wireless services, also sometimes referred to as a provider.

• • • CO-LOCATION — The use of a single mount on the ground by more than one carrier or the same carrier with multiple licenses, and/or the use of several mounts on an existing building or structure by more than one carrier or the same carrier with multiple licenses.

• • • EQUIPMENT SHELTER — An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for personal wireless service facilities such as batteries and electrical equipment.

• • • LATTICE TOWER — A type of mount with multiple legs and structural cross bracing between the legs that is self-supporting and free standing.

• • • MONOPOLE — A self-supporting tower with a single shaft that is designed for the placement of antennas and arrays along the shaft.

• • • TELECOMMUNICATIONS TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers.

• • • WIRELESS COMMUNICATIONS FACILITY — A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment, which is used for transmitting, receiving, or relaying telecommunications signals.

• • • • (d) General Conditions

• • • • [1] Principal or Accessory Use. Antennas and towers may be considered either a principal or accessory use or structure as appropriate. A different existing use or existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers and associated equipment shall meet all the yard setback requirements for the Zoning District in which they are located. All telecommunications uses shall meet the minimum lot size for the Zoning District in which it is located. Towers and associated equipment that may be located within or outside of base facilities may not occupy required parking spaces of an existing building or use.

• • • • [2] Tower Design.

• • • • [a] Applicants shall propose internally mounted antennas for all new applications. Externally mounted antennas may be permitted by the Zoning Board only if they are able to make the following findings:

• • • • [i] That due to existing site features such as topography, dense year round tree cover, the existence of other structures or other unique conditions, the tower will be difficult to see from any public road or residential property, as evidenced by the balloon test, and will not result in an increased visual impact on the community over that of an internally mounted antenna at the same site; and [ii] That an externally mounted antenna combined with some other method of camouflage will allow the applicant to provide the equivalent visual impact to that of an internally mounted antenna.

• • • • [b] The Zoning Board shall also be required to consider an advisory opinion from the Planning Commission regarding the visual impact of any externally mounted antenna, which may include proposed mitigation measures.

• • • • [3] Building Code and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with or exceeds the standards contained in the applicable State Building Codes and the applicable standards for towers that are published by the Electronics Industries Association as amended from time to time and shall structurally accommodate reasonable co-location.

• • • • [4] General Requirements. All wireless communications facilities shall be erected, installed, maintained and used in compliance with all applicable federal and state laws and rules.

• • • • [5] Co-Location. All owners and operators of land used in whole or in part for a wireless communications facility, and all owners and operators of such facilities, shall, as a continuing condition of installing, constructing, erecting and using a wireless communications tower facility, and subject to necessary approval hereunder, permit other pubic utilities or FCC licensed commercial entities seeking to operate a wireless communications tower facility to install, erect, mount and use compatible equipment and fixtures on the mounting structure on reasonable commercial terms. This is provided that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing facility, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional wireless communications equipment or fixtures. Erection of a replacement facility to address such concerns shall be considered, where the Zoning Board determines appropriate. Wireless communications facilities shall be designed to accommodate co-location to the extent technologically and physically practical given the limitations of the site and area.

• • • • [6] Number of Towers. Only one wireless communication tower structure per lot shall be authorized by this ordinance, unless the placement of more than one tower structure on the site results in a substantially better design that is integrated into the neighboring uses and meets community standards. An example of this may be the erection of two flagpole structures located in a recreation facility. The erection of more than one lattice tower or monopole in a residential area would not be an example of a better design.

• • • • [7] Removal of Facilities. All unused telecommunications facilities and structures including non-conforming or pre-existing facilities which have not been used for one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove the tower within ninety (90) days; the Town may take the necessary action to remove the facility at the owner's expense. The owner of the property and the facility shall be jointly and individually responsible for removal of said facilities, restoration of the site and for all associated costs, expanded or incurred in the course of removal and restoration. The Zoning Board of Review shall require the posting of a demolition bond in an amount sufficient to insure the removal of the tower.

• • • • [8] Utilization. Included in an application for a telecommunication tower or antenna, an applicant must demonstrate that it has a commitment from one or more licensed wireless service providers to occupy the facility for the purposes of transmitting and/ or receiving wireless communications. Wireless communications towers shall be designed to accommodate the maximum number of co-locators reasonably practicable, taking into account the size and appearance of the structure in the context of its location. Owners of telecommunications towers shall make space available to wireless communications services, including, when appropriate, repositioning of tenants on the tower, and reinforcing or replacing tower. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.

• • • • [9] Development Plan Review. Applicants shall be subject to the provisions of Development Plan Review as outlined in § 218-71 of the Charlestown Zoning Ordinance, as amended, when applying for a new facility or the expansion of the footprint of an existing facility.

• • • • [10] Town Requirements. At the time of application for any tower, space shall be made available on telecommunications towers for Town police, fire, rescue and public works communication needs related to public safety, health and welfare, at no cost to the Town. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.

• • • • [11] Site Selection. Preference shall be given to Town owned sites for locating telecommunications towers. If the applicant is unable to locate a tower on a Town owned site, the applicant must provide proof that the potential to do so was investigated and show why they are unable to.

• • • • (e) Special Use Permits

• • • • [1] General. All wireless communications facilities shall require a Special Use Permit as specified in § 218-23, Special Use Permits. In granting a Special Use Permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties and to carry out the intent of these regulations.

• • • • [2] Factors Considered in Granting Special Use Permits. Consistent with the purposes of this Ordinance, the Zoning Board shall consider the following factors in determining whether to issue a Special Use Permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if it finds that the goals and purposes of this section are better served thereby. These factors are in addition to finding required for Special Use Permits as provided in § 218-23 of this Zoning Ordinance:

• • • • [a] Generally that the stated purposes and goals of this section are achieved to the maximum extent possible, and the adverse impacts as may be identified are similarly minimized;

• • • • [b] Height of the proposed tower or antenna and setbacks in relation to lot boundaries, existing structures, public streets and residences;

• • • • [c] Nature of uses on the subject parcel and on the adjacent nearby properties;

• • • • [d] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including appearance and color;

• • • • [e] Availability of suitable existing towers for co-location and for location on other structures within the search area; and

• • • • [f] Availability and feasibility of alternative antenna and/or tower facilities sites and configurations that would result in a substantially better design that is in keeping with the community character.

• • • • (f) Application Requirements. The following application and submission requirements are in addition to the general requirements for Special Use Permit applications as provided in the Zoning Ordinance:

• • • • [1] A narrative report that shall describe the following relating to the request for the telecommunications tower, antenna and/or related facility installation:

• • • • [a] The technical, economic and/or other reasons that demonstrates the need for the telecommunications tower, antennas and related facilities design and describes the desired objective which the proposed facility will achieve;

• • • • [b] The equipment load and carrying capacity for type of antenna, and or receivers/ transmitters which are intended to or may be mounted on the tower;

• • • • [c] The basis for calculation of equipment load and carrying capacity;

• • • • [d] Evidence that the proposed tower and/or facility is as visually unobtrusive as possible given technical, engineering and other pertinent considerations;

• • • • [e] Evidence that the tower height proposed is the minimum height necessary to accommodate the antenna; and that the tower setbacks proposed are the maximum distance possible from adjacent properties, existing structures, and public and private roads that can be accommodated by the site design, notwithstanding the minimum standards required by this section and;

• • • • [f] Evidence of consideration of alternate sites and co-location and existing towers on which the requirements of the applicant could be met, and if not, the reasons why each co-location site is not adequate for the needs or requirements of the applicant.

• • • • [2] A certification of structural integrity from a Rhode Island registered professional engineer that the tower is designed to withstand all load requirements for structures as set forth in the Rhode Island Building Code (RI General Laws 23-27.3-100.0 et seq.)

• • • • [3] For a continuous, elapsed period of not less than three weeks during daytime hours and prior to the date of the public hearing, a helium balloon of sufficient size and color to be seen at a distance of one mile, shall be placed at a maximum height and at the location of the proposed tower. After the close of the public hearing the balloon shall be immediately removed. The Zoning Board of Review may waive this requirement for tower placement on existing structures.

• • • • [4] Where the applicant is not the owner of the site, the property owner must be a participant in the application and have an authorized representative present at all meetings. The applicant shall furnish a copy of the lease or agreement for the use of the site.

• • • • [5] A map depicting all existing and proposed wireless facilities and towers within 6 miles of the proposed site. A map accurately depicting the coverage achieved by the facilities proposed for the site, the coverage existing or proposed from relevant adjacent sites, and the combination of existing and proposed.

• • • • [6] A map showing the location of all potential alternative sites that may result in a substantially better design in keeping with the community character, including antenna platform, such as, but no limited to, existing communication towers, structures, electric transmission towers, radio and fire towers, and municipally owned land

• • • • [7] Specific information about the location, height and design capacity of potential alternative sites and proof that owners of potential sites within the search area have been contacted, that permission was sought to install a device on structures, and that permission was denied, or that such locations do not satisfy requirements to provide the service needed.

• • • • [8] A site plan prepared, stamped and signed by a currently licensed and authorized design professional consistent with the applicable statutes and regulations governing design professionals in the State of Rhode Island at a suitable scale to delineate the following:

• • • • [a] Site boundaries, dimensions, zoning setback lines, and wetlands within the site.

• • • • [b] Topography at two-foot intervals

• • • • [c] Tower or pole location and height

• • • • [d] Size and location of accessory building, equipment or structures, parking and access

• • • • [e] Fencing, landscaping, and lighting

• • • • [f] Locus map

• • • • [g] Areas to be cleared of vegetation and trees, and erosion and sediment control measures

• • • • [h] Abutters within two hundred (200) feet

• • • • [9] A map showing the applicant's entire property and all abutting properties and streets, at a convenient scale, including the approximate location and dimensions of the applicant's property and all existing and proposed structures, utility lines, wells, septic systems and major natural features

• • • • [10] A map or illustration of suitable scale indicating view lines from nearby properties and streets within one half mile of the proposed tower.

• • • • [11] Photo simulations of the proposed facility taken from various (at least 3) perspectives. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

• • • • [12] Evidence showing that aircraft marking or lighting will not be required for the facility, or if required, evidence showing that there are no viable alternative sites or designs that would eliminate the need to mark or light the structure.

• • • • (g) Application Procedures. The applicant shall first submit to the Planning Commission for Development Plan Review as outlined in § 218-71 of the Charlestown Zoning Ordinance. The applicant must first receive conditional Development Plan Review approval before applying for a Special Use Permit with the Zoning Board of Review. Once the applicant has received an approval for the Special Use Permit they must return to the Planning Commission for final Development Plan Review approval.

• • • • (h) Design and Development Standards

• • • • [1] Setbacks, Height and Separation

• • • • [a] A wireless communication tower facility shall be set back from any adjacent property line or street at a maximum feasible distance, considering the size and physical constraints of the site, visibility to the nearby sites and other visually sensitive locations, and the proportions and context of the site, in order to provide opportunity to minimize the adverse visual affects of telecommunications facilities. At the minimum, any such facility shall be set back from any property line a distance equal to one and one-half times the height of the facility and set back from any residential structure on a separate parcel a minimum of 250 feet. Such facility shall be set back a distance of at least 400 feet from any public or private street or public right-of-way and large uncamouflaged facilities must be at least 1000 feet from a school facility.

• • • • [b] Towers shall not be located within a Historic District as designated by the Zoning Ordinance, unless disguised in such a manner that meets the requirements of the Historic District Commission (Planning Commission).

• • • • [c] Excluding where more than one tower has been proposed on a single site, towers greater than 125 feet in height shall not be located within two (2) miles of each other, unless an applicant can demonstrate that a tower within this distance is required in order to fill a gap in telecommunications coverage.

• • • • [2] Landscaping and Screening:

• • • • [a] The applicant must demonstrate that the tower or antennas are located within a given site so as to minimize the visual impact from nearby properties and roadways. Existing onsite vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for the landscaped screening requirement. Appropriate screening shall be installed at tower sites to limit views from adjacent properties and streets. Plantings shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material appropriate to the habitat. Screening may be waived on those sides or sections that are adjacent to protected open space land. The owner of the property shall be responsible for ongoing maintenance and shall replace any dead plantings within thirty (30) days.

• • • • [b] All telecommunications facilities shall be surrounded by an existing, fullygrown buffer of dense tree growth that extends continuously for a minimum distance of one hundred (100) feet from the mount, security barrier, or designated clear area for access to equipment, whichever is greatest, and screens views of the facility in all directions. These trees must exist on the subject property, be planted on site, or be within a landscape easement on an adjoining site. The Planning Commission shall have the authority to decrease, relocate, or alter the required buffer based on on-site conditions. The one hundred (100) foot vegetative buffer area shall be protected by a landscape easement or be within the area of the carrier's lease. The easement or lease shall specify that the trees within the buffer shall not be removed or topped, unless the trees are dead or dying and present a hazard to persons or property.

• • • • (i) Site Requirements:

• • • • [1] Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site which respects the natural terrain and is approved by the Director of Public Works and by the District Fire Chief to assure emergency access at all times. Consideration shall be given to design that minimizes erosion, construction on unstable soils, and steep slopes.

• • • • [2] Ground-mounted facilities shall not be located within open areas that are clearly visible from public roads, recreational areas, or abutting properties. A buffer of dense tree growth shall surround all ground-mounted personal wireless service facilities.

• • • • [3] Communication towers shall be enclosed by a fence of at least ten (10) feet in height from finished grade and at least six feet from the base of the structure. Access shall be through a locked gate.

• • • • [4] Equipment shelters for communication towers shall be designed consistent with one of the following design standards:

• • • • [a] Equipment shelters shall be located in underground storage vaults; or

• • • • [b] Equipment shelters shall be camouflaged behind an effective year round landscape buffer, equal to the height of the proposed building, and/or wooden fence if other types of camouflage are not feasible. The Planning Commission shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood or

• • • • [c] If mounted on a rooftop, the equipment shelter shall be concealed or camouflages so that the shelter either is not visible at grade or appears to be a part of the original structure.

• • • • [5] Communication towers shall not be artificially lighted except as may be required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of Charlestown.

• • • • [6] No signs shall be allowed on any communications tower except as may be required for safety purposes, by the Federal Communication Commission (FCC) or by the Town. All signs shall conform with the sign requirements of the Zoning Ordinance.

• • • • [7] The tower shall be designed to accommodate the maximum number of uses technologically practical.

• • (3) Private utility Towers and buildings.

• • • (a) Special Use Permit will be required (b) Submittal requirements of ARTICLE VI § 218-37D(2)(b) as applicable (4) Residential Wind Energy Facilities. [Amended 3-14-2011 by Ord. No. 338; 9-12-2011 by Ord. No. 341; 11-14-2011 by Ord. No. 344] (a) Purpose. The purpose of this section is to provide for the construction and operation of wind energy facilities as accessory uses and structures for residential and agricultural uses, and to provide standards that address public health, safety and welfare in the placement, design, construction, monitoring, modification and removal of wind energy facilities and minimize negative impacts on scenic, natural and historic resources of the town.

• • • • (b) Definitions. The following terms used in § 218-37D(4) are defined for use in applying the provisions of this § 218-37D(4) and shall supplement and be in addition to those terms defined in § 218-5B:

• • • • RESIDENTIAL WIND ENERGY FACILITY HEIGHT — The height of a wind energy facility is measured from pre-development grade to the tip of the rotor blade at its highest point.

• • • • RATED OUTPUT — The electric power production of the turbine, as specified by the manufacturer.

• • • • (c) Applicability. Only wind energy facilities designed to provide primary and/or accessory electricity for residential or agricultural uses are permitted under the provisions of this section. Maximum output permitted is 20 kW, as rated by the manufacturer, and maximum height allowed is 125 ft.

• • • • (d) Application Procedures for Residential Wind Energy Facilities.

• • • • [1] General Compliance. The construction and operation of any proposed wind energy facility shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation (i.e. FAA) requirements. A wind energy facility shall be considered an accessory use and structure, and any wind energy facility, regardless of height or rated capacity shall require the issuance of a building permit by the Building Official. Prior to the issuance of a building permit, the applicant/owner of the wind facility shall receive all other permits and approvals, as relevant. A met tower is permitted by right in all zoning districts where structures of any sort are allowed and shall require the issuance of a building permit by the Building Official. A met tower is allowed up to 125 feet in height on a temporary basis not to exceed one-year from the date the building permit is issued. The Building Official may grant a single one-year extension, if justified upon a written request by the applicant. A met tower must comply with § 218-37D(4)(g), Siting Standards.

• • • • [2] A wind energy facility with a total height that is equal to or less than the maximum height allowed for the principal use for the lot as specified in § 218-42B (Building Height) is allowed by Building Permit in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, the standards contained herein are met.

• • • • [3] A wind energy facility supported solely by attachment to a principal residence is permitted to rise ten (10) feet higher than the roof line of that same residence, irrespective of the height restriction specified in § 218-42B, provided that all other standards contained herein are met.

• • • • [4] A wind energy facility with a total height that is greater than what is allowed in Subsection D(4)(d)[2] and [3] herein but that is not greater than 125 feet requires a Special Use Permit prior to the issuance of a Building Permit and is allowed in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, in addition to the standards required for a special use permit (as contained in § 218-23A), all other standards contained herein are met.

• • • • [5] A wind energy facility that has a rated output of greater than 20 kW, a total height greater than 125 feet or that is on a parcel that ordinarily requires Development Plan Review or Planner Review is not permitted under this section.

• • • • (e) Application requirements shall include the following materials:

• • • • [1] Site plan. The applicant shall submit a site plan with the following information:

• • • • [a] Property lines and physical dimensions of the subject property;

• • • • [b] Location, dimensions and types of existing structures on the property;

• • • • [c] Location of the proposed wind turbine, foundations, guy anchors and associated equipment;

• • • • [d] Setback distances between the wind energy facility and property lines, with evidence of compliance with the setback requirements of Subsection D(4)(g); and

• • • • [e] Location of any overhead utility lines.

• • • • [2] Engineering Details and Specifications. The applicant shall submit the following details for the proposed wind energy facility:

• • • • [a] Blueprints/drawings of the proposed structures including details for the foundation and electrical components, stamped by a Professional Engineer licensed in the State of Rhode Island, certifying compliance with the Rhode Island State Building Code and the National Electric Code;

• • • • [b] Wind energy facility specifications, including manufacturer and model, turbine rated output in kW, rotor diameter, tower height, tower type (freestanding or guyed), and overall height; and

• • • • [c] A copy of the application for interconnection with their electrical utility provider, if the wind energy facility is to be connected to the power grid.

• • • • [3] Neighborhood Sound Impact Analysis. The applicant shall submit manufacturer's documentation of the sound levels generated by the turbine under various wind conditions and at serial distances from the turbine to allow estimation of sound level at the property line.

• • • • (f) Additional Standards for Residential Wind Energy Facilities that require a special-use permit.

• • • • [1] Prior to an issuance of a special use permit for any wind energy facility, the Zoning Board of Review must determine that it meets the standards contained in § 218-23. In addition, the Zoning Board may impose reasonable conditions, safeguards and limitations on time and use, and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impact of the wind energy facility should they occur.

• • • • [2] Residential wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts on abutters. For facilities more than 60 feet above grade, the applicant must provide evidence that potential shadow flicker impacts will be addressed either through siting or mitigation measures. The applicant shall submit manufacturer's estimation of shadow flicker effects of the turbine at the proposed height, including the expected seasonal times and durations.

• • • • [3] To protect the general character of the surrounding area the Zoning Board of Review may impose a lower height limit, increased setback requirements or any other mitigation measures.

• • • • [4] Applicants shall propose monopole towers. Lattice towers may be permitted by the Zoning Board only if they are able to make the following findings: That due to existing site features such as topography, dense year round tree cover, the existence of other structures or other unique conditions, the lattice tower will not result in an increased visual impact over that of a monopole tower at the same site.

• • • • (g) Siting Standards for all Residential Wind Energy Facilities.

• • • • [1] Minimum Setbacks. Except where a wind energy facility is supported solely by attachment to a principal residence and is no higher than 10 feet above the roof level of the principal residence, there shall be a setback between each property line or public road and the center line of the foundation of the wind energy facility equal to the sum of the required district setback for accessory structures for that property line plus the height of the wind energy facility. This requirement may be waived if the applicant can secure an easement over the abutting property that otherwise meets this minimum required setback, provided the property subject to the easement is not divided by a public road within a distance less than the minimum required setback.

• • • • [2] Sound Setbacks. If necessary, minimum setback must be extended such that the sound pressure level generated by a wind energy facility meets the requirements of § 218-37(D)(4)(i)[3] (Safety and Environmental Standards for all Residential Wind Energy Facilities — Sound). Where a wind energy facility is attached to a principal residence, it must be of a design that can meet the sound setback.

• • • • (h) Aesthetic and Design Standards for all Residential Wind Energy Facilities.

• • • • [1] Color and Finish. All components of a wind energy facility higher than 35 feet above grade shall be painted a neutral, non-reflective exterior color, unless mitigation measures as directed by the town warrant differently.

• • • • [2] Lighting. Wind turbines shall not be lighted. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety, security and operational purposes, and shall be limited by timers, and shielded from abutting properties.

• • • • [3] Signage. A wind energy facility shall not display any permanent or temporary signs, writing, symbols, logos or any graphic representation except for signs necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger; and must comply with Article XI of this ordinance.

• • • • [4] Utility Connections. Utility connections from the wind facility shall be installed underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

• • • • [5] Support Towers. Monopole towers are required for wind energy facilities taller than 35 feet above grade.

• • • • (i) Safety and Environmental Standards for all Residential Wind Energy Facilities.

• • • • [1] Braking System. Wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other turbine components, or as a means to implement mitigation for noise in excess of that permitted, shadow flicker, or natural resource protection.

• • • • [2] Physical Safety. All Residential Wind Energy Facilities shall allow ten (10) feet of clearance between moving parts and the ground, or otherwise shield people from moving parts and electrical components.

• • • • [3] Sound. The sound pressure level generated by a wind energy facility shall not exceed 35 dB(A) from 7:00 p.m. to 7:00 a.m., or 45 dB(A) from 7:00 a.m. to 7:00 p.m. at the property lines. If the ambient sound pressure level exceeds these limits, based on a site-specific sound study, the standard shall be ambient dB(A) plus 3 dB(A). In the event of complaint about noise, the applicant has the burden of proving that the sound generated by the wind energy facility meets the requirements of this ordinance.

• • • • [4] Wildlife. The potential adverse impacts to wildlife should be minimized through appropriate siting. For example, discourage flight paths into turbines by not placing turbines in close proximity to structures meant to attract birds such as bird feeders, birdbaths, or birdhouses. Turbine placement should avoid barns or other structures known to contain bat roosts.

• • • • (j) Monitoring and Maintenance.

• • • • [1] Wind Energy Facility Conditions. The owner of any wind energy facility shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, structural repairs and integrity of security measures.