Multi-Family Dwellings.
§ 218-51. Multi-Family Dwellings.
A. Generally. The Zoning Board of Review may permit in a R-3A district or R-2A district multifamily dwellings by special use permit provided that:
(1) The proposed multifamily development is located on tracts of land owned by one person or entity.
(2) Constraints to development shall be subtracted from the total area of the parcel in determining the density of development and maximum number of dwelling units to be permitted on site.
(3) Evidence of compliance with all appropriate state laws and regulations, particularly those dealing with on-site disposal of sewage is submitted.
(4) The proposed development will not adversely impact the use of property in the surrounding area.
B. Planning Commission review. A complete application shall be reviewed by the Planning Commission within forty-five days after receipt. The Planning Commission shall make an advisory recommendation based on the proposed development's consistency with the Town's Comprehensive Plan, the suitability of the land for the use proposed, and its compatibility with abutting land uses. The advisory opinion shall be used as part of the special use permit review by the Zoning Board.
C. Site plan approval required. A site plan for multifamily dwellings shall be presented to the Planning Commission for review as required for a commercial use in ARTICLE XII, Development Plan Review and Land Development Review, after a special use permit has been granted. Building permits shall be issued only for compliance with the conditions required by the Board, and an approved site plan of the Planning Commission.
D. Permitted uses. Only multifamily structures shall be permitted as principal uses under the special use permit. Uses directly accessory to multifamily housing such as parking areas, carports, service buildings, recreation areas and facilities, and offices for management of the development are permitted.
E. Standards. The following minimum standards shall apply to all multi-family dwellings and multifamily developments (more than one building). Such developments may also include two-family dwellings: [Amended 12-9-2013 by Ord. No. 360] (1) Access and Streets. Multifamily dwellings shall be designed to minimize congestion and hazards at the access points. Access shall be from town accepted collector streets. All streets shall be constructed consistent with the Charlestown Subdivision Regulations standards for streets.
(2) Buffers: A landscaped buffer strip of no less than one hundred feet shall be maintained along all exterior property lines. Such buffer strip shall be planted, screened or otherwise maintained in a natural condition to provide a year-round buffer of the development from abutting land uses and protection of surrounding areas from influences of the development.
(3) Minimum Developable Lot Area. The tract of developable land for a multifamily dwelling shall consist of not less than two acres per dwelling unit in an R-2A district and three acres per dwelling unit in an R-3A district and a Planned Development District.
(4) Minimum Lot Width and Length. The minimum lot width to length ratio shall not exceed one foot of frontage to three feet of length (1:3).
(5) Multi-family Dwellings:
(a) Not more than four dwelling units shall be permitted in a single multifamily dwelling unit structure.
(b) A multifamily dwelling structure shall contain no more than a total of eight bedrooms and only one three bedroom unit.
(c) Where a multifamily development is proposed as a complex of separated structures, no structure shall be placed within thirty feet of another structure.
(6) Occupancy. The minimum number of multifamily dwelling units completed and ready for occupancy before first occupancy is permitted shall be twenty-five percent of the total number of dwelling units.
(7) Recreation Open Space. At least fifteen percent of the gross land area shall be reserved for recreational and open space uses. This figure is besides any other open areas required by yard or buffer provisions. Of this fifteen percent, no more than five percent shall be "constraints to development" lands unsuitable for development. Said open space shall not be used for parking and shall not be used for leaching or absorption fields; however, easements for waterlines and driveways for access are permitted to cross the open space.
(8) Off-Street Parking:
(a) Minimum off-street parking shall be provided and maintained for multi-family dwellings as follows:
[1] Studio and one bedroom units: 1.0 space per unit
[2] Two bedroom units: 1.5 spaces per unit
[3] Three or more bedrooms per unit: 2 spaces per unit
[4] In addition to the parking required for each dwelling unit, a multi-family development shall provide spaces for guest and temporary parking equivalent to ten percent of the minimum required number of parking spaces, with at least one additional parking space provided.
(b) Maximum off-street parking for multi-family developments consisting of ten or more total dwelling units, is as follows:
[1] Studio and one bedroom units: 2.0 spaces per unit
[2] Two bedroom units: 2.5 spaces per unit
[3] Three or more bedrooms per unit: 3.0 spaces per unit (c) No parking shall be permitted within any required minimum yard, buffer or recreation open space area.
(d) Off-street parking areas and service drives shall be located on the parcel being developed. Required parking shall be provided and landscaped according to ARTICLE X. Off-Street Parking and Loading with flexibility in the number of spaces provided under the provisions of Section 218-57.B.
(9) Sewage Disposal. Where public sewers are not available, the applicant shall provide a permit from the RI DEM certifying that the proposed development has received approval for a new or upgraded on-site sewage disposal system. All multifamily dwellings within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by RI DEM.
(10) Solid Waste Disposal. Each multifamily structure shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste generated by all uses on the premises. The waste pen and utility area shall be properly covered, screened, buffered from all buildings and property lines and shall not be located in any required yard, buffer or open space area.
(11) Utilities. All utilities and other services to include but not limited to water supply, sewage disposal, storm drainage, garbage and refuse storage, and fire protection shall be provided and conform to applicable town or state regulations. All utilities shall be installed underground.
(12) Yard Setbacks. No building, accessory building, parking lot or utility area shall be located in any front yard.
(13) Prohibition in Certain Areas.
(a) Notwithstanding the provisions of any other part of this Ordinance, no multifamily development may be placed, occupied or maintained in Zones V1-V-30 as shown on the official Flood Insurance Rate Maps for the Town of Charlestown, Rhode Island revised September 30, 1995, prepared by the Federal Emergency Management Agency and on any subsequent amendment or revision to said maps.
F. Separation of structures. Where a multifamily development is to be constructed as a complex of separate structures, the requirement of § 218-3, Conformity required, relating to principal residential buildings shall not apply.
G. Conformity with subdivision regulations. Where a multifamily development requires the subdivision of land as defined in the Charlestown Subdivision Regulations all the applicable provisions of those Regulations shall be followed.