City of Cranston Zoning Ordinance

The regulations, zones and districts herein set forth are made in accordance with a comprehensive plan prepared, adopted and as may be amended in accordance with RIGL Section 45-.22.2 and shall be designed to address the following purposes. This chapter is adopted pursuant to RIGL Section 45-24.27 et seq. The general assembly and the city recognize these purposes, each with equal priority and numbered for reference purposes only.

• A. Promoting the public health, safety, morals and general welfare.
• B. Providing for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs.
• C. Providing for orderly growth and development which recognizes:
  • 1. The goals and patterns of land use contained in the comprehensive plan of the city adopted pursuant to RIGL Section 45-22.2;
  • 2. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface or groundwater pollution;
  • 3. The values and dynamic nature of coastal and freshwater ponds, the shoreline and freshwater and coastal wetlands;
  • 4. The values of unique or valuable natural resources and features;
  • 5. The availability and capacity of existing and planned public and/or private services and facilities;
  • 6. The need to shape and balance urban and rural development; and
  • 7. The use of innovative development regulations and techniques.
• D. Providing for the control, protection and/or abatement of air, water, groundwater and noise pollution and soil erosion and sedimentation.
• E. Providing for the protection of the natural, historic, cultural and scenic character of the city or town or areas therein.
• F. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, limber resources and open space.
• G. 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.
• H. 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.
• I. Providing opportunities for the establishment of low and moderate income housing.
• J. Promoting safety from fire, flood and other natural or manmade disasters.
• K. Promoting a high level of quality in design in the development of private and public facilities.
• L. Promoting implementation of the comprehensive plan of the city adopted pursuant to RIGL Section 45-22.2.
• M. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.
• N. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
• O. Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits and, where adopted, procedures for modifications.

(Prior code § 30-1)

Where words or terms used in this chapter are defined in RIGL Section 45-22.2-4, (the definitions section of the "Rhode Island Comprehensive Planning and Land Use Regulation Act") they shall have the meanings stated therein.

In addition, the following words shall have the following meanings. Words used in the present tense include the future, the singular includes the plural and the plural, the singular. The word "used" includes "designated, 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."

(Prior code § 30-2)

A Zone. — See "zone A."

"Abutter" means one whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.

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

"Accessory retail" means retail sale activity at a warehouse or manufacturing establishment, offering for sale only those goods manufactured or wholesaled from that establishment. Said activities shall not be more that the lesser of twenty-five (25) percent of the total GFA of the parent establishment or seven thousand five hundred (7,500) square feet.

"Accessory structure" means a structure which is on the same parcel as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

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

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

"Addition" (for use with Chapter 17.76 flood hazard districts only) means a walled and roofed expansion to the perimeter of a structure in which the expansion is connected by a common load-bearing wall other than a firewall. A walled and roofed expansion, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall be treated as new construction.

"Adult day care" means a facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day.

"Adult entertainment" means businesses and commercial establishments where a "substantial portion" of the establishment includes an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort or modeling agency, massage parlor (excluding day spa) or other adult entertainment use or any combination thereof.

"Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

"Adult bookstore" (also "adult novelty" or "adult video store") means an establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:

• 1. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
• 2. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

"Adult cabaret" means a night club, bar, restaurant or similar establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas.

"Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration and also offers patrons closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this type of entertainment by means of a sign visible from the public right-of-way or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or other similar photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

"Adult theater" means any theater, concert hall, auditorium or similar commercial establishment which, for any form of compensation, regularly features live performances of persons who expose specified anatomical areas.

"Aggrieved party" means:

• 1. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or
• 2. Anyone requiring notice pursuant to this chapter.

"Agricultural land" means as defined in RIGL Section 45-22.2-4.

"Agricultural operations" means any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the Director of the Rhode Island Department of Environmental Management, in consultation with the chief of division of agriculture may determine to be agriculture, or an agricultural activity, use or operation.

"Alternative energy generation" means any facility or installation such as a windmill or hydroelectric unit, which is designed and intended to produce energy from natural forces such as wind, water, or geothermal heat, for offsite use.

"Animal day care" means a facility providing care for domestic animals that do not reside in the facility, that are present primarily during daytime hours and that do not board. An animal day care may include incidental grooming.

"Animal grooming service" means any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

Antenna. — See telecommunications definitions.

"Antique shop" means a premises used for the sale or trading of articles of which ninety (90) percent or more of the inventory are over fifty (50) years old or have collective value.

"Appeal" (for use with Chapter 17.76 , flood hazard districts only) means a request to the Zoning Board of Review to review the Inspector of Buildings' interpretation of any provision of this Chapter or a request for a variance.

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

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

"Area of shallow flooding" means a designated AO, AH, AR/AO, AR/AH, or VO zone on a FIRM with a one percent or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. — See definition for "special flood hazard area."

"Artisan's workshop (studio)" means any establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles and related items.

"Arts and crafts manufacturing" means any manufacturing establishment that produces on the premises articles for sale of artistic quality or effect or handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated activities.

"Asphalt, cement or concrete plant" means an industrial facility used for the production of asphalt, cement or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products.

"Assisted living facility" means a non-institutional shared living environment which integrates shelter and service needs for functionally impaired and older persons who can maintain a semi-independent lifestyle and who do not require constant supervision or intensive health care as provided by an institution. Each congregate unit has its own bedroom and may have a separate or shared living room, kitchen, dining area or bathroom.

"Attached single-family dwelling" means dwelling unit constructed side by side or horizontally and separated by a party wall and lot line.

"Automobile body repair shop/paint shop" means activities involving the repair, painting, or undercoating of the body or frame of vehicles. Body and frame repair does not include mechanical engine or power train repair.

B Zone. — See "zone B."

"Balloons" means any inflated or inflatable object, with or without copy.

"Bakery, retail" means an establishment primarily engaged in the retail sales of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.

Bakery, Wholesale. — "Wholesale bakery" means a bakery in which there is production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited.

"Band" means a clearly defined range of radio frequencies dedicated to a particular purpose.

"Bank, financial institution" means a financial institution that is open to the public and engaged in depository banking and that performs closely related functions such as making loans, investments, and fiduciary activities. A bank, financial institution may include a drive thru activity.

"Banner" means any sign of lightweight fabric or similar material that is temporarily or permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.

"Banquet facility" means an establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and 3) outdoor gardens or reception facilities.

"Barber shop/beauty salon" means any establishment where cosmetology services are provided including hair care, nail care and skin care on a regular basis for compensation.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Base flood elevation (BFE)" means the elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.

"Basement" means that story of a building or dwelling located wholly or partly underground, but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

"Body art establishment" means a place or premises where the practices physical body adornment using, but not limited to the following techniques: Body piercing, tattooing, branding and scarification are performed. This definition does not include practices that are considered medical procedures by the board of registration in medicine in the state, such as implants under the skin and for the application of permanent make-up.

"Book, stationery, gift shop" means a retail establishment that, as its primary business, engages in the sale, rental or other charge for use of books, magazines, newspapers, greeting charts, postcards, videotapes, computer software or any other printed or electronically conveyed information or media, excluding adult entertainment.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

"Brew pub" means an eating place that includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed twenty-five (25) percent of the total floor area of the commercial space. The brewery shall not produce more than one thousand five hundred (1,500) barrels of beer or ale per year. A barrel is equivalent to thirty-one (31) gallons.

"Brewery" means an establishment that brews ales, beers, meads, and/or similar beverages on site, excluding brew pub. Breweries are classified as a use that manufactures more than fifteen thousand (15,000) barrels of beverage (all beverages combined) annually.

"Broadcasting studio" means commercial and public communications uses including radio, satellite and television broadcasting and receiving stations and studios, with facilities entirely within buildings.

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

Building. — See definition for "structure."

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

"Building height" means the vertical distance from grade to the highest point of the structure. Grade shall be the average ground level of the portion of the lot adjoining and within ten (10) feet of the building where it sets back from the street line ten (10) feet or more. In determining building height of belfries, steeples, chimneys, towers and other similar projections, the vertical distance measured shall be as set forth herein, to the highest point of said projection. For commercial, institutional and multi-family buildings exceeding ten thousand (10,000) square feet of gross floor area this measurement shall be taken where the exterior wall meets the roofline only if conditions articulated in Section 17.24.010 can be met.

"Building marker" means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

"Business professional office" means a building or portion thereof where services, clerical work, professional duties and related activities are carried out. Services offered are on an individual basis as opposed to services performed on objects or personal property. Business/professional include, but are not limited to, brokerage offices, insurance offices, professional offices (i.e. accountants, engineers, lawyers, etc.) real estate offices, ticket offices and travel agencies. Business/professional offices do not include banks or medical clinics.

"Business/trade school" means an enterprise offering instruction and training in a trade, service or the arts such as construction, secretarial, cosmetology, commercial artist, computer software, legal, and similar training, provided that such enterprise does not offer student housing or athletic facilities at the site.

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

"Car wash/detailing" means a building or premises or portions thereof used for washing, cleaning or detailing of automobiles.

"Catering service" means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.

"Cellar" means a portion of a building or dwelling located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.

"Cemetery" means land used or dedicated to the burial of the dead (humans and pets), including crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

"Check-cashing facility" means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check cashing facility" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashing facility" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for minimum flat fee not exceeding two dollars ($2.00) as a service that is incidental to its main purpose or business.

"Cluster" means a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduction in lot areas, setback requirements and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development. All cluster type developments in Cranston shall conform to the requirements of Article VII.

"Coastal A zone" means those parts of the city's coastal floodplain, inland from the mapped V zone, that are subject to the damaging effects of waves, velocity flows, erosion, scour or combination of those forces. The boundary of the coastal A zone shall be the limit of moderate wave action as shown on the FIRM.

"Coastal features" means as defined in Chapter 23 of Title 46 of the General Laws of the state of Rhode Island.

"Channel" means a segment of a frequency band. Also referred to as "frequency."

"Co-living housing" means a specific residential development with units which provide living and sleeping space which are independently rented and lockable for the exclusive use of an occupant, but require the occupant to share sanitary and/or food preparation facilities with the other units in the occupancy.

"Co-location" means locating wireless communications equipment from more than one provider on a single tower or structure within a single site.

"Commercial message" means any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

"Commercial day care" means any other day care center which is not a family day care home.

"Commercial laundry, dry cleaning service" means a building, portion of a building, or premises used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents.

"Commercial off-street parking" means a structure or lot of any part thereof for the storage of licensed motor vehicles for a fee. No fuel service activities may be carried on in said facility. Off-site parking authorized under Section 17.64.010(B) shall not be defined as commercial off-street parking.

"Commercial recreation" means any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters. This use shall not include adult entertainment uses.

"Common ownership" means either:

• 1. Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or
• 2. Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

"Communications service" means an establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.

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

• 1. Whenever six or fewer mentally challenged children or adults reside in any type of residence in the community, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the General Laws of Rhode Island. All requirements pertaining to local zoning are waived for these community residences;
• 2. A group home providing care or supervision or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons and licensed by the state pursuant to Chapter 24 of Title 40.1 of the RIGL;
• 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 Chapter 72.1 of Title 42 of the RIGL;
• 4. A community transitional residence providing care or assistance or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance and/or to persons who are victims of crimes, abuse or neglect and who are expected to reside in that residence not less than sixty (60) days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms and will receive appropriate social services for the purpose of fostering independence, self-sufficiency and eventual transition to a permanent living situation.

"Comprehensive plan" means the comprehensive plan adopted and approved pursuant to Chapter 22.2 of Title 45 of the RIGL and to which any zoning adopted pursuant to this chapter shall be in compliance.

"Consignment shop" means an enclosed facility in which used personal items such as clothes, jewelry, or artifacts or small furniture is resold though a broker for the owner at an agreed upon price.

"Container storage" means the placement or storage of a container designed for transportation of freight and for the storage of containers for refuse to be recycled or trucked to another location.

"Convenience store" means a single store, the ground floor area of which is five thousand (5,000) square feet or less and which offers for sale primarily bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles.

"Corner lot" means a lot at the junction of and fronting on two or more public ways intersecting at an angle of less than one hundred thirty-five (135) degrees.

"Contractor yard" means a premise used by a construction contractor for the storage of equipment and supplies, fabrication of subassemblies and parking of wheeled or tracked equipment. Said yard shall be fenced and secured.

"Cost" (for use with Chapter 17.76 flood hazard districts only) means the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: The cost of materials (including interior finishing elements), structural elements, utility and service equipment (including heating and air conditioning and utility meters); sales tax on materials, building equipment and fixtures; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time and contractor's overhead and profit. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

"Crematory" means an establishment where human or animal body or body parts are reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.

"Critical facility" means a structure or other improvement that; because of its function, size, service area, or uniqueness; has the potential to cause serious bodily harm, extensive property damage or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include the following categories:

• 1. Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
• 2. Hospitals, nursing homes and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood.
• 3. Police and fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities.
• 4. Utility facilities that are vital to maintaining or restoring normal services to flood areas.
• 5. Facilities which, if flooded, would cause loss of irreplaceable public records.

"Cultural use" means a library, museum or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interests in one or more of the arts or sciences.

"Data processing facility" means facilities where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation.

"Day spa" means an establishment that provides state licensed, professionally administered therapeutic massage and body treatments. A day spa services may include body wraps, skin exfoliation, electrolysis, body toning, waxing, aromatherapy, and facial treatments. Full service beauty shops/salons, makeup consultation and applications, manicure and pedicure services, and body tanning may be provided as accessory services to a day spa.

"Days" means calendar days.

Density, Residential. — "Residential density" means the number of dwelling units per unit of land.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

"Development" (for use with Chapter 17.76 flood hazard districts only) means any man-made change to improved or unimproved real estate, including but not limited to the construction of structures; mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.

"Development plan review" means the process whereby authorized local officials review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance.

"Dimensional variance" means permission to depart from the dimensional requirements of this chapter, under the applicable standards set forth in RIGL § 45-24-41.

"Director" means the inspector of buildings as defined in the city charter (see Section 9.07, Department of Inspections) or his or her designee.

"Dish antenna" means a dish-like antenna ranging from two feet to eight feet in diameter used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

"Distillery" means an establishment that produces by distillation spirits for consumption; the sales of which are subject to state and federal regulation.

"Distribution center" means a facility for the receipt, transfer, short-term storage and dispatching of goods transported primarily by truck. Included in the use type would be express and other main and packing distribution facilities.

District. — See zoning use districts.

"Dormitory" means a structure specifically designed for a long-term stay by students of a higher education institution for the purpose of providing rooms for sleeping. One common kitchen and some common gathering rooms for social purposes may also be provided.

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

"Drive-in restaurant" means any restaurant that encourages or permits customers to receive services, obtain goods or food while remaining in their motor vehicles.

"Driveway" means a private way for vehicles to move between a street and a location within a lot.

"Drug store" means a store where the primary business is the filling of medical prescriptions and the retail sale of drugs, medical devices and supplies and nonprescription medicines, but where non-medical products are sold as well at retail. A drug store may include a drive thru activity.

"Dry floodproofing" means any combination of structural and non-structural waterproofing measures incorporated in a structure that is not elevated to the BFE or the elevation required by the Rhode Island Building Code, whichever is greater, that keeps water from entering the building in order to prevent or minimize flood damage.

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

"Educational institution (pre-school, primary, secondary, charter)" means a pre-school, primary, secondary or charter institution that provides instruction to students. This definition does not include trade or business schools or higher education institutions.

"Elderly" means any person sixty (60) years of age or older.

"Electronic and computer component recycling" means a facility used to extract, recover, and reclaim materials for reuse from discarded electronic waste.

"Elevated structure" means a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid (perimeter) foundations walls are not an acceptable means of elevating buildings in V and VE zones.

"Elevation certificate" means a statement certified by a professional engineer (PE) or professional land surveyor (PLS), on a FEMA approved form, which verifies a structure's elevation and other related information needed to verify compliance with this chapter.

"Enclosure" means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls.

"Encroachment" means the physical advance or infringement of uses, plant growth, or development into a floodplain.

"Escort or model" means a person who, for any form of consideration, agrees or offers to privately perform strip teases which expose specified anatomical areas or offers or agrees to model lingerie or other types of clothing which expose specified anatomical areas.

"Escort or modeling agency" means a person or business association who furnishes, offers to furnish or advertises to furnish escorts or models, as herein defined, as one of its primary business purposes for a fee, tip or other consideration.

"Existing construction" (for use with Chapter 17.76 flood hazard districts only) means any structure for which the start of construction commenced before January 1, 1975.

"Existing manufactured home park" or "manufactured home subdivision" (for use with Chapter 17.76 flood hazard districts only) means a manufactured (mobile) home park or subdivision for which the construction of facilities servicing the lots on which the manufactured (mobile) homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before November 27, 1974.

"Expansion to an existing manufactured home park" or "existing manufactured home subdivision" (for use with Chapter 17.76 flood hazard districts only) means the preparation of additional sites by the construction of facilities servicing the lots on which the manufacturing (mobile) homes are to be placed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

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

"Family" means a person or persons related by blood, marriage or other legal means. See also "household."

"Family day care home" means 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 less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

"Federal Emergency Management Agency (FEMA)" means the federal agency under which the NFIP is administered.

"Federally insured or assisted housing" means:

• 1. Low income housing units insured or assisted under Sections 221(d)(3) and 236 of the National Housing Act (12 U.S.C. Section 1701 et seq.);
• 2. Low income housing units produced with assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. Section 1401 et seq.); and
• 3. Rural low income housing financed under Section 515 of the Housing Act of 1949 (12 U.S.C. Section 1715Z).

"Finished living space" (for use with Chapter 17.16 , special flood hazard districts only) means fully enclosed areas below the base flood elevation that are not considered a basement cannot have finished living space and needs to be designed to be exposed to flood forces. These spaces can only be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.

"Five-hundred year flood (five hundred (500) year flood)" means the flood that has a 0.2 percent chance of being equaled or exceeded in any given year.

"Flag" means any fabric, banner or bunting containing distinctive colors, patterns or symbols, conveying a commercial message used as a means of advertisement.

"Floating zone" means an unmapped zoning district adopted within the ordinance which is established on the zoning map is effective only when an application for development, meeting the zone requirements, is approved and the approved plan is recorded.

"Flood" or "flooding" means:

• 1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
  • a. The overflow of inland or tidal waters.
  • b. The unusual and rapid accumulation or runoff of surface waters from any source.
  • c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
• 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

"Flood insurance rate map (FIRM)" means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

"Flood insurance study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

"Floodplain" means any land area susceptible to being inundated by flood waters from any source. (See definition of flood or flooding.)

"Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodproofing certificate" means a statement certified by a PE or a registered architect, on a FEMA approved form, stating that a non-residential structure, together with attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and that all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.

"Floodway" means 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 cumulatively increasing the water surface elevation more than a designated height.

"Floor area ratio" means the ratio of the useable floor area of a building to the area of the lot.

"Florist shop" means a retail business whose principal activity is the selling of plants which are not grown on the site.

"Food/beverage processing establishment" means a manufacturing establishments producing or processing foods for human consumption and certain related products. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution; (2) dairy products processing; (3) fats and oil products (not including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals); (7) miscellaneous food preparation from raw products and bottling of soft drinks.

"Foundry" means an establishment where metals are forged, casted or melted and poured into molds.

"Fraternity or sorority house" means a house occupied by a college or university fraternity or sorority containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining area maintained exclusively for members of the fraternity or sorority and their guests or visitors.

"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

"Fuel station, full service" means a facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. In addition, such a facility may provide car washing, towing, minor vehicle servicing, minor repairs and maintenance, and may provide engine rebuilding but not including reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair.

Fuel Station, Minimart. — "Minimart fuel station" means a facility associated with the sale of gasoline products that also offers for sale food items and tangible consumer goods primarily for self-service by the consumer.

"Funeral home" means an establishment for the conducting of funerals, wakes and related activities such as embalming.

"Golf club and course" means a facility, other than a miniature golf course, for the playing of golf at which there may be a club house including rest rooms and locker rooms. A golf course may provide accessory services such as swimming, outdoor recreation and related sales and may include a restaurant and cocktail lounge.

"Garden center" means an establishment where retail and wholesale products and produces are sold. The items sold may include nursery products and stock, soil and fertilizers, light power equipment and machines, garden and farm tolls and utensils. This definition shall include greenhouses.

"Groundwater" (and associated terms) means as defined in RIGL Section 46-13.1-3.

"Guyed tower" means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.

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

Hardship. — See RIGL Section 45-24-41.

"Hardware store" means a facility of thirty thousand (30,000) or fewer square feet GFA, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, house wares and household appliances, garden supplies, and cutlery; if greater than thirty thousand (30,000) square feet, such a facility is a home improvement center.

"Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous or semisolid form which because of its quantity, concentration or physical, chemical or infectious characteristics may:

• 1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
• 2. Pose a substantial present or potential hazard to human health and/or the environment.

  Such wastes include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue or which generate pressure through decomposition or chemical reaction.

"Hazardous waste disposal facility" means all structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste, including all operations or storage areas, diked overflow, or emergency spillway areas. A hazardous waste disposal facility may include injection wells and may consist of several treatment, storage, or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled, or processed.

"Hazardous waste incinerator" means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste. Examples of incinerators are rotary kiln, fluidized bed, and liquid injection incinerators.

"Hazardous waste processing facility" means any commercial facility, as defined Rhode Island Department of Environmental Management (RIDEM) rules for which a RIDEM pollution control agency permit is required, treating hazardous waste generated at any off-site location, that is designed and operated to modify the chemical composition or chemical, physical, or biological properties of a hazardous waste by means such as reclamation, distillation, precipitation, or other similar processes, which neutralizes the waste or renders it nonhazardous, safer for transport, amenable for recovery, storage, or reduced in volume, excepting "elementary neutralizing units" and "pretreatment units," as defined in (RIDEM) rules. Hazardous waste processing does not include incineration or disposal.

"Hazardous waste transfer station" means the intermediate point in the transport of hazardous wastes where such wastes are brought stored and transferred to vehicles for movement to other intermediate points or to the point of ultimate storage, treatment or disposal.

"Health and fitness club" means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, which can be open only to bona fide members and guests of the organization or open to the public for a fee.

"Higher education institution" means a self-governing constituent body of a college or university offering instruction towards the granting of an associate, bachelor or graduate degree. Accessory uses of a college or university may include, but shall not be limited to facilities such as: Athletic complexes, auditoriums, bookstores, dormitories, dining halls and administrative offices.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic district" or "historic site" means as defined in RIGL Section 45-222-4.

"Historic district" means one or more historic sites and intervening or surrounding area property significantly affecting or affected by the quality and the character of the historic site or sites and has been registered or is deemed eligible to be included, on the state register of historic places pursuant to Rhode Island General Laws Section 42-45-5.

"Historic site" means any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which has been registered or is deemed eligible to be included, on the state register of historic places pursuant to Rhode Island General Laws Section 42-45-5.

"Historic structure" (for use with Chapter 17.76 flood hazard districts only) means any structure that is:

• 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
• 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
• 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
• 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
  • a. By an approved state program as determined by the Secretary of the Interior; or
  • b. Directly by the Secretary of the Interior in states without approved programs.

"Home improvement center" means a facility of more than thirty thousand (30,000) square feet GFA, engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, house wares and household appliances, garden supplies, and cutlery.

"Home occupation" means any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

"Hospital" means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical and mental conditions and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities and/or training facilities. This use includes rehabilitation hospitals, extended care facilities, intermediate care facility, chronic disease hospital and central services facility serving one or more such institutions.

"Hosting platform" means any electronic or operating system in which a person or entity provides a means through which an owner may offer a residential unit for "tourist or transient" use. This service is usually, though not necessarily, provided through an online or web-based system which generally allows an owner to advertise the residential unit through a hosted website and provides a means for a person or entity to arrange tourist or transient use in exchange for payment, whether the person or entity pays rent directly to the owner or to the hosting platform. All hosting platforms are required to collect and remit the tax owed under this title.

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

• 1. A family, which may also include servants and employees living with the family; or
• 2. A person or group of unrelated persons living together, the maximum number of which shall be one person per bedroom and shall not exceed five persons per dwelling. This shall not apply in any educational zone in the city of Cranston or to NARR-certified recovery residences.

"House trailer" means a trailer or portable shelter designated for living or sleeping purposes and provided with any or all of the following systems and equipment: Plumbing, heating, electrical, cooking and refrigeration.

"Incentive zoning" means the process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

"Industrial equipment rental" means establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

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

"Kennel" means any premises, except where accessory to an agricultural use, where domestic animals, such as dogs and cats, are boarded for compensation or said animals are bred or raised for sale purposes.

Kiosk, Freestanding Exterior. — "Freestanding exterior kiosk" means a free standing exterior structure of less than five hundred (500) square feet for drive-up or walk-up window services or retail sales.

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

"Landscape service" means a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

"Latticed tower" means a self-supporting communications tower, generally with three or four sides, open and made of a steel frame.

"Laundromat" means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

"Library" means a public facility for the use, but not sale, of literary, musical, artistic or reference materials.

"Limit of moderate wave action (LiMWA)" means the inland limit of the area affected by waves greater than 1.5 feet. The LiMWA is determined based on the landward limit of the one percent annual chance coastal flood that can support a 1.5-foot wave.

"Lodge/fraternal organization" means a membership organization that holds regular meeting and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities. This use shall not include fraternities or sororities and golf club and course.

"Lodging house" means a building occupied by a resident family related by blood, marriage or adoption, with not more than two guest rooms where lodging is provided for compensation.

"Loft space (live work) (areas)" means within buildings that are jointly used for commercial/industrial and residential purposes.

"Lot" means either:

• 1. The basic development unit for determination of lot area, depth and other dimensional regulations; or
• 2. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

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

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

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

"Lot frontage" means that portion of a lot abutting a street.

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

• 1. Front: The lot line separating a lot from a street right-of-way in accordance with Sections 17.20.090 and 17.20.100;
• 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 (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
• 3. Side: Any lot line other than a front or rear lot line in accordance with Section 17.20.090(E).

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

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

"Lowest adjacent grade" means the lowest point of the ground level immediately next to a building. It does not include earth that is emplaced for aesthetic or landscape reasons around a foundation wall. It does include natural ground or properly compacted fill that comprises a component of a structure's foundation system.

"Lowest floor" means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of applicable non-elevation design requirements.

"Manufactured home" means a structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The structure shall originate from a manufacturer that voluntarily filed a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Chapter 70 of Title 42 of the United States Code. Manufactured homes do not include any self-propelled recreational vehicles.

"Manufactured home park" or "manufactured home subdivision" means a parcel or contiguous parcels of land divided into 2 or more manufactured home lots for rent or sale.

"Manufacturing heavy" means an establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. This use includes but is not limited to chemical manufacturing; fabrication of metal products; manufacturing of agricultural, construction, or mining machinery; motor vehicle manufacturing; lumber milling; and ship or boat construction.

"Manufacturing light" means the manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building. Further, "light industrial" shall mean uses such as the jewelry assembly and refining; millwork products, furniture and fixtures; manufacture of electronic instruments, musical instruments, pharmaceuticals, precision instruments and scientific equipment, sporting goods and toys, stone, clay or class products, textile mill products and apparel or the like. "Light industrial" shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries.

"Manufacture of rubber and plastics" means the manufacture of rubber products including: Rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: Establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing; and fiberglass application services.

"Marina" means a commercial dock or basin providing secure moorings or slips for boats.

"Market value" means the price of a structure that a willing buyer and seller agree upon as determined by an independent appraisal by a professional appraiser; a property's tax assessment minus land value; the replacement cost minus depreciation of the structure or the structure's actual cash value.

"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

"Massage parlor" means any establishment where, for any form or consideration or gratuity, the administering of massage, alcohol rub, administering of fomentations, electric or magnetic treatments or any other treatment and manipulation of the human body is performed by a person or persons who exposes specified anatomical areas.

"Mean sea level (MSL)" means the National Geodeticl Vertical Datum {NGVD} of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

"Medical or dental clinic" means a facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. This use shall not include a clinic for the dispensing of medical cannabis.

"Medical/diagnostic laboratory" means a facility for scientific laboratory analysis of medical resources materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes medical or veterinary laboratories for the collection and analysis of blood, tissue, or other human medical or animal products. Forensic laboratories for analysis of evidence in support of law enforcement agencies would also be included in this category.

Mere Inconvenience. — See Section 17.92.010(C)(2) or Rhode Island General Laws Section 45-24-41.

"Metal plating" means a process to apply a thin layer or coating on metals such as gold or silver.

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

"Modification" means permission granted and administered by the zoning enforcement officer of the city or town, and to grant a dimensional variance other than lot area requirements relief from the Zoning Ordinance to a limited degree as determined by Section 17.20.130, but not to exceed 25% of each of the applicable dimensional requirements, except as set forth in Section 17.20.130.F.

"Monopole tower" means a communication tower consisting of a single pole, constructed without guy wires or ground anchors.

"Motel, hotel" means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house or tourist home or bed and breakfast as herein defined.

"Motor and recreational vehicle and watercraft sale" means the use of any building, land area or other premise for the display and sales of new or used automobiles, panel trucks or vans, trailers or recreation vehicles and boats and including any warranty repair work and other repair services conducted as an accessory use.

"Motor vehicle repair and service establishment, heavy" means repair of motor vehicles ten thousand (10,000) GVW or greater such as construction equipment, commercial trucks, agricultural implements and similar heavy equipment.

Motor Vehicle Repair and Service Establishment, Light. — "Light motor vehicle repair and service establishment means the business of minor repairs to any motor vehicle less than ten thousand (10,000) GVW including repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel alignment and balancing, and replacement of shock absorbers.

"Motor vehicle storage" means a land used for the storage of motor vehicles awaiting transport to a wholesale, retail or recycling site. Said storage shall not exceed thirty (30) days.

"Multi-family dwelling" means a building or structure containing three or more dwelling units.

"Municipal park playground" and "outdoor sport field" means any area that is predominately open space, used principally for active or passive recreating, and not used for a profit making purpose. Any area designated by the city as a park.

"Municipal services other than those listed elsewhere" means services traditionally provided by local government such as water and sewer, roads and parks.

"Museum" means a building having public significance by reason of its architecture or former use or occupied as a repository for a collection of natural, scientific or literary curiosities or objects of interest or works of are and arranged, intended and designed to be used by members of the public for viewing and which may include as an accessory use the sale of goods to the public.

"Music, dance studio" means a building or portion of a building where dance or music is taught. However, this shall not include nightclubs or other places of commercial entertainment.

"National Flood Insurance Program (NFIP)" means the program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

"New construction" means for floodplain management purposes, structures for which the "start of construction" commenced on or after November 27, 1974.

"New manufactured home park" or "manufactured home subdivision" means a manufactured (mobile) home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after November 27, 1974.

"Nightclub" means a commercial establishment dispensing food and beverages for consumption on the premises and in which dancing, musical and live entertainment are permitted.

"Nonconformance" means a building, structure or parcel of land or use thereof, lawfully existing at the time of the adoption of the zoning ordinance of January 1, 1966 or any amendment thereof 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 a zoning 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 the zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

"Nursery" means an operation for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown on site or established in the ground prior to sale, and for related accessory sales and uses.

"Nursing home" means an institution that is licensed or approved by the state of Rhode Island to provide health care under medical supervision for twenty-four (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.

"Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"Open space area" means any land or area, the preservation of which in its present use would: (1) conserve and enhance natural or scenic resources; (2) protect streams or water supply; (3) promote conservation of soils, wetlands, beaches, or total marshes; (4) enhance the value to the public of abutting or neighborhood parks, forests, wildlife preserves, nature reserves or sanctuaries or (5) enhance recreation opportunities.

"Other adult entertainment uses" means any live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages, products or entertainment, pantomiming, modeling, removal of clothing or any service offered for amusement on any premises to which the public, patrons or members are invited or admitted, including any private club or membership organization and including but not limited to business establishments identified as an adult arcade, escort agency, juice bar, coffee shop, cigar shop, victualler, nude modeling studio, sexual encounter center, massage parlor or similar or like business establishments.

"Outdoor advertising, billboards" means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

"Outdoor retail" means retail activity that takes place in an open lot, tent, trailer, motor vehicle, enclosure or structure that is not permanently affixed to the land.

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

"Paint production" means a facility used to formulate and create paints from solid pigments to a liquid form.

"Panel antenna" (also known as "sector antennas") means antennae that have vertical and horizontal planes that aim signals in specific directions. Panel antennae generally measure four to five feet in height, six to twelve (12) inches in width and six to eight inches in depth.

"Passenger transportation terminal" means a facility or location where the principal use is the handling, receiving, and transfer of passenger traffic for rail or bus service, and may include as an accessory use the loading, unloading, storing, receiving, assembling, dispatching, weighing, consolidating, classifying, switching, distribution, movement, or transfer of freight, as well as all equipment and facilities used to accomplish the foregoing activities.

"Pawn shop" means an establishment that engage, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase of sale of personal property and is also subject to the provisions of Chapter 26 of Title 19 of the RIGL.

"Pennant" means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

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

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

"Person" means any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.

"Personal services establishment" means an establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature, including packaging and shipping. Typical uses include, but are not limited to shoe repair shops, tailor shops and custom dressmaking shops.

Plan, Common Signage. — "Common signage plan" means an accurate plot plan of the zone lot(s), scaled to the reasonable requirements set forth by the director, indicating the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown. The plan must include location of buildings, parking lots, driveways, landscaped areas, total sign area, total area for individual signs, height of signs, number of freestanding signs on the zone lots, and an accurate set of elevations depicting the location and size of all proposed freestanding and building signs. Plans must specify standards addressing consistency among all signs on the zone lots affected by the plan with regards to: Color scheme, lettering or graphic style, lighting, material and proportions to other advertisements on any freestanding signs.

Plan, Master Signage. — "Master signage plan" means an accurate plot plan of the zone lot, scaled to the reasonable requirements set forth by the director, indicating the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown. Plans shall include location of buildings, parking lots, driveways, landscaped areas, total sign area, total area for individual signs, height of signs, number of freestanding signs on the zone lot, and an accurate set of elevations depicting the location and size of all proposed freestanding and building signs.

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

"Planning board or commission" means the body established by the city charter which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the municipal legislative body.

"Pre-application conference" means a review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

"Principal building" means the building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.

"Print shop" means an establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving.

"Printing and publishing" means a commercial facility of ten thousand (10,000) square feet or more for the designing and reproducing written, typed or graphic materials.

"Professional engineer (PE)" means a person who has been registered and licensed by the state board of registration for professional engineers in accordance with RIGL Chapter 5-8.

"Professional home office or studio" means an office or studio located within the principal premises of resident architect, artist, author, attorney, clergymen or engineer.

"Professional land surveyor (PLS)" means a person who has been duly registered as a professional land surveyor by the board established under RIGL 5-8.1, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all to surveying of real property and engaged in the practice of land surveying as defined in this section.

"Public safety facility" means a governmental facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.

"Radio" means a generic term referring to communication of impulses, sounds and pictures through space by means of electromagnetic waves.

"Recreation membership clubs" means club or recreation facility for which a membership charge may be made and which are open only to bona fide members and their guests.

"Recreational vehicle" means a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable and designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

"Recycling facility" means a facility that accepts recyclable materials and may perform some processing activities. The principal function is to separate and store materials that are ready for shipment to end-use markets. The presence of power-driven processing equipment distinguishes a processing facility from a collection facility. The facility receives and processes only residential and commercial recyclables.

Regulatory Floodplain. — See definition "special flood hazard area (SFHA)."

Regulatory Floodway. — See definition for "floodway."

"Religious worship (place of)" means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purposed. This use includes synagogues, temple, mosque or other such place for worship and religious activities.

"Research/development facility" means an establishment which conducts research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. This term includes but is not limited to a biotechnology firm or a manufacturer of nontoxic computer components.

"Residence above first story of business uses" means a mixed use property housing a business use on the first level with residential uses on the upper level(s).

"Restaurant" (without drive in facility) means an establishment where food and drink is prepared, served and consumed primarily within the principal building.

"Retail heating fuel supplier" means a facility for the storage of household heating fuels and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.

"Retail laundry, dry cleaning establishment" means an establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry and where there may be the cleaning of fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents for items collected on site.

Retail Sales Establishment, Large Scale. — "Large scale retail sales establishment" means an establishment of greater than ten thousand (10,000) square feet primarily devoted to the sale or rental of goods or merchandise to the general public for personal or household consumption or to services incidental to the sale or rental of such goods or merchandise.

Retail Sales Establishment, Small Scale. — "Small scale retail sales establishment" means an establishment of ten thousand (10,000) square feet or less primarily devoted to the sale or rental of goods or merchandise to the general public for personal or household consumption or to services incidental to the sale or rental of such goods or merchandise.

"Rooming/boarding house" means a dwelling or part thereof in which lodging is provided by the owner or operator to more than two but less than ten (10) boarders.

"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Sanitation services" means a business engaged in the removal of waste, refuse effluent, sludge, and any other materials from septic tanks, cesspools, and any other similar facilities. Said activity may include the storage of portable personal sanction facilities for use off of site.

"Second hand shop" means a premises used for the retail sales of previously used merchandise, such as clothing, household furnishings or appliances and sports/recreational equipment. This use does not include the sale of secondhand motor vehicles, parts or accessories.

"Self storage, mini storage" means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

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

Sheet Flow. — See definition for "area of shallow flooding."

"Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.

Sign, Animated. — "Animated sign" means any sign that uses movement or change of lighting to depict action or create a special effect or scene. Also, a sign on which the text message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purpose of this chapter.

Sign, Billboard. — "Billboard sign" means any sign erected outdoors, often freestanding, that displays copy which is generally not pertinent to the primary use of the premises (see Section 17.24.010(A)(1), (2) and (B)(l), (2) entitled billboards).

Sign, Building. — "Building sign" means any sign attached to any part of a building, as contrasted to a freestanding sign.

Sign, Canopy. — "Canopy sign" means any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.

Sign, Changeable Copy. — "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this chapter.

Sign, Freestanding. — "Freestanding sign" means any sign supported by structures or supports that are placed on or anchored in, the ground and that are independent from any building or other structure.

Sign, Incidental. — "Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Sign, Marquee. — "Marquee sign" means any sign attached to, in any manner or made a part of a marquee.

Sign, Monument. — "Monument sign" means any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. Monument signs within ten (10) feet of an existing driveway or street, shall not exceed thirty (30) inches in height.

Sign, Nonconforming. — "Nonconforming sign" means any sign that does not conform to the requirements of this chapter.

Sign, Political. — "Political sign" means any sign which has the purpose of advertising, promoting or displaying a political party, platform, referenda or candidate for office and/or a promotion of its ideals, beliefs or philosophy.

Sign, Projecting. — "Projection sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Sign, Real Estate. — "Real estate sign" means any sign erected for the purpose of informing the public that a certain parcel, property, dwelling or structure(s) is for sale, rent, lease or to be auctioned.

Sign, Residential. — "Residential sign" means any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located; provided that, offering such service at such location conforms with all requirements of the zoning ordinance.

Sign, Roof. — "Roof sign" means any sign erected wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

Sign, Integral Roof. — "Integral roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

Sign, Suspended. — "Suspended sign" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Sign, Temporary/Portable. — "Temporary/portable sign" means any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, an advertising display constructed of cloth, canvas, plywood or other light material and designed or intended to be displayed for a short period of time. Flags, banners and portable signs shall be treated as temporary signs.

Sign, Wall. — "Wall sign" means any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.

Sign, Window. — "Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

"Single-family accessory dwelling unit" means an accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress. (See Section 17.24.010(F))

"Single-family dwelling" means a detached building containing one dwelling unit.

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

"Solar power" means electrical power generated through the utilization of photovoltaic cells, nonmechanical semiconductor devices that convert sunlight into direct current electricity.

"Solid waste transfer facility" means a place or facility where nonhazardous solid waste materials are taken from a collection vehicle or dumpster, temporarily stored or stockpiled and placed in a transportation unit for movement to another facility.

"Special flood hazard area (SFHA)" means an area having special flood, mudslide (i.e. mudflow) or flood-related erosion hazards and shown on a flood hazard boundary map (FHBM) or a flood insurance rate map (FIRM) zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.

"Special use" means a regulated use which is permitted pursuant to the special-use permit issued by the authorized governmental entity, pursuant to RIGL Section 45-24-42.

"Specified anatomical areas" means any of the following:

• 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
• 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means any of the following:

• 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
• 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
• 3. Masturbation, actual or simulated; or
• 4. Excretory functions as part of or in connection with any of the activities set forth as noted above.

"Start of construction" (for use with Chapter 17.16 flood hazard districts only): — (Includes substantial improvement,) the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"State agency" means any department, commission, board or other administrative unit of state government.

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

"Street classification" means a method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories:

• 1.

  "Arterial" means a major street that serves as an avenue for the circulation of traffic into, out of or around the municipality and carries a high volume of traffic.

• 2.

  "Collector" means a street whose principal function is to carry traffic between local streets and arterial streets but that also may provide direct access to abutting properties.

• 3.

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

• 4.

  "Local" means streets whose primary function is to provide access to abutting properties.

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

"Street frontage" means that portion of a lot abutting a street.

"Street line" means the dividing line between the street and the lot.

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

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

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

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

"Structure" (for use with Chapter 17.16 flood hazard districts only) means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

• 1. A building with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site;
• 2. A manufactured home ("a manufactured home," also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
• 3. A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

  For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank. Subsidized rates mean the rates established by the Federal Insurance Administrator involving in the aggregate subsidization by the Federal Government.

"Substandard lot of record" means any lot lawfully existing at the time of adoption of the zoning ordinance of January 1, 1966 or any amendment thereof and not in conformance with the dimensional and/or area provisions of that ordinance.

"Substantial damage" (for use with Chapter 17.16 flood hazard districts only) means damage of any origin sustained by a structure during a five-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" (for use with Chapter 17.16 flood hazard districts only) means any reconstruction, rehabilitation, addition, or other improvement of a structure during a five-year period, the cost of which equals or exceeds fifty (50) 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 local code enforcement official and which are the minimum necessary to assure safe living conditions; or
• 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Substantial portion" means for the purposes of determining whether a "substantial portion" of an establishment includes an adult entertainment use, the following factors shall be considered:

• 1. The overall amount of floor area accessible to customers devoted to adult purposes;
• 2. The amount of floor area devoted to adult purposes as compared to the total commercial floor area of the establishment; and
• 3. The amount of stock of a sexually explicit nature as compared to the total stock.

  If the ratio, as formulated above, is equal to or greater than forty (40) percent, the adult entertainment use is considered to comprise a "substantial portion" of the establishment.

"Supermarket" means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies more than five thousand (5,000) square feet of gross floor area.

"Swimming pool" means any constructed pool which is used, is designed for use as or is intended to be used as a swimming pool and has a minimum capacity of five thousand (5,000) gallons and a minimum depth of thirty-six (36) inches.

"Tavern/neighborhood bar" means a commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, pubs and similar facilities serving alcoholic liquor.

"Telecommunications antenna" means a device used in communications which transmits and/or receives telecommunications signals as authorized by the FCC. Examples of such devices include dish, panel and whip antennae.

"Telecommunications facility" means a land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. Communications facilities include structures or towers and accessory buildings.

"Telecommunications tower" means a tower intended to support equipment used to transmit and/or receive telecommunications signals, including lattice and guyed wire towers.

"Theater/movie cinema" means a building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

Tower. — See telecommunications definitions.

"Towing operation" means an establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles.

"Tourist or transient" means any use of a residential unit for occupancy for less than a 30 consecutive day term of tenancy, or occupancy for less than 30 consecutive days of a residential unit leased or owned by a business entity, whether on a short-term or long-term basis, including any occupancy by employee or guests of a business entity for less than 30 consecutive days where payment for the residential unit is contracted for or paid by the business entity.

"Tourist home, bed and breakfast" means an owner occupied dwelling in which not more than five guestrooms are used to provide or offer overnight accommodations to transient guests for compensation. A guestroom shall be occupied by a tenant for not more that fifteen (15) consecutive days.

"Trailer" means a vehicle without motor power designed for carrying persons or property and for being drawn by a motor vehicle.

"Tree service" means tree service shall mean a building or premises used primarily in support of a business engaged in tree and stump removal, tree and shrub trimming, stump grinding, insect and disease control, tree nutrients, processing wood chips and firewood, and land clearing. The premises may be used for the processing and storage of tree related products and byproducts produced only by the business located on the premises and the parking of trucks, grinders and related equipment, but no retail sales of products shall be allowed on the premises.

"Trucking terminal" means a facility that provides for storage, parking, servicing, leasing and otherwise dealing with trucks, tractors, trailers or other similar motor vehicles. A trucking terminal may also include an area and building where cargo is stored and where trucks load and unload cargo on a regular basis.

"Two-family dwelling" means a detached building containing two dwelling units.

"Upholstering shop" means a business that repairs and replaces upholstery to household and office furnishings and boat and motor vehicle upholstering.

"Urgent care facility" means an establishment where human patients who are not lodged overnight are admitted for emergency examination and treatment by a group of physicians other health care professionals.

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

"Utilities" (for structures) means plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration and fire-fighting facilities essential for the occupancy of structure. Utilities include but are not limited to furnaces, boilers, air conditioning compressors, air and heating ducts, water supply pipes electric, gas and water meters, control panels, electrical wiring, and gas pipes.

"Variance" means permission to depart from the literal requirements of the 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 chapter. There shall be only two categories of variance, a use variance or a dimensional variance.

• 1.

  "Use variance" means permission to depart from the use requirements of the 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 chapter.

• 2.

  "Dimensional variance" means permission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, 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.

"Variance" means for floodplain management purposes a grant of relief by a community from the terms of a flood plain management regulation.

"Veterinarian hospital or clinic" means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital/clinic use.

"Violation" (for use with Chapter 17.16 flood hazard districts only): — The failure of a structure or other development to be fully plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided

Warehousing, Commercial. — "Commercial warehousing" means facilities characterized by extensive warehousing, frequent heavy trucking activity but not involved in manufacturing or production.

"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Waters. — As defined in RIGL Section 46-12-1(b).

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), North American Vertical Datum of 1988 (NAVD) or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Welding shop, metal fabrication" means a facility that provides for the assembly of metal parts, including blacksmith and welding shops; sheet metal shops; machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates and similar products.

"Wet floodproofing" means measures designed to minimize damage to a structure or its contents by water that is allowed into a building.

"Wetland, coastal" (as defined in RIGL Section 46-23-6) means a salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh.

"Wetland, freshwater" (as defined in RIGL Section 2-1-20) — includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. "Freshwater wetland" includes, but is not limited to: marshes, swamps, bogs, emergent, and submergent plant communities, rivers, streams, ponds, and vernal pools.

"Wholesale sales" means an establishment primarily engaged in selling merchandise to retailers; industrial, commercial, institutional, professional business users, other wholesalers; or acting as agents or brokers and buying and selling merchandise for, or selling merchandise to, such individuals or companies.

"Whip antenna" means an antenna that transmits signals in three hundred sixty (360) degrees. Whip antennae are typically cylindrical in shape and are less than six inches in diameter and measure up to eighteen (18) feet in height, also called omnidirectional, stick or pipe antennas.

"Yacht club" means an institutional use that is classified as either a private club or community club that consists of structures and related grounds and/or moorage used for social and recreation purposes related to pleasure boating the use of which is primarily restricted to members and their guests.

"Yard" means the required open, unoccupied and unobstructed setback area as set forth in Section 17.20.110, which establishes the outer boundaries of the maximum building envelope of any lot or parcel of land.

Yard, Corner Side. — "Corner side yard" means a required side yard adjacent to a public way.

Yard, Front. — "Front yard" means a required yard extending across the full width of the lot adjacent to the front street line.

Yard, Interior Side. — "Interior side yard" means a required side yard not adjacent to a public way.

Yard, Rear. — "Rear yard" means a required yard adjacent to the rear lot line and between side yards or extending across the full width of the lot where no side yards are required.

Yard, Side. — "Side yard" means a required side yard extending from the rear of the required front yard or from the street line where no front yard is required, to the rear lot line.

Zone. — See Zone C [Section 17.16.050].

"Zone A" means the special flood hazard Area (except coastal V zones) shown on a community's flood insurance rate map. There are seven types of A zones:

• 1. A: SFHA where no base flood elevation is provided.
• 2. AE: SFHA where base flood elevations are provided. AE-Zone delineations are used on newer FIRMs instead of A# zones.
• 3. AO: SFHA with sheet flow, ponding, or shallow flooding. Base flood depths (feet above grade) are provided.
• 4. AH: Shallow flooding SFHA. Base flood elevations in relation to a national datum are provided.
• 5. AR: A temporary designation for an area where a flood control system that no longer provides protection from the base flood is expected to be improved so it will provide protection to the base flood again in the future. This zone is considered part of the special flood hazard area or "regulatory floodplain," but properties in this zone do not receive the "in SFHA" CRS premium discount (see Table 110-1).

"Zone B" means area of minimal flood hazard, usually depicted on older FIRM's as between the limits of the base and five hundred (500) year floods of the primary source of flooding.

"Zone lot" means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use and that can provide such yards and other open spaces as required by the zoning regulations.

"Zone table" means any one of twelve (12) tables depicting the permitted sum of the area of all individual signs, sign dimensions and characteristics for each zone lot by zoning district (see Section 17.72.010).

"Zone V" means the special flood hazard area subject to coastal high hazard flooding. There are three types of V zones: V, V#, and VE, and they correspond to the A-Zone designations.

"Zone X" means newer flood insurance rate maps show zones B and C (see above) as zone X. The shaded zone X corresponds to a zone B and the unshaded zone X corresponds to a zone C.

"Zoning" means the reservation of certain specified areas within a community or city for building structures or use of land, for certain purposes with other limitations such as height, lot coverage and other stipulated requirements.

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

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

"Zoning ordinance" means an ordinance enacted by the city council pursuant to Rhode Island General Laws Sections 45-24-27 through 45-24-72 and in the manner providing for the adoption of ordinances in the city by the city charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan defined in Rhode Island General Laws Section 45-22.2, which includes a zoning map, and which complies with the provisions of this chapter.

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

(Prior code § 30-3; Ord. 04-51 § 5; Ord. 05-31 § 1; Ord. 2009-11, § 1, 2/23/2009; Ord. 2010-28, § 1, 9/27/2010; Ord. 2012-25, § 1, 9/24/2012; Ord. 2013-26, § 1, 8/26/2013; Ord. 2015-27, § 1, 8/24/2015; Ord. 2015-31A, § 1, 11/23/2015; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

The city and the Cranston school committee shall be exempt from payment of all fees otherwise imposed under Section 17.24.010 through 17.84.130.

(Prior code § 30-18.1)

An applicant shall be vested and an application shall be deemed substantially complete for the purposes of this chapter, subject to the following:

• A. Development Not Requiring Zoning Board Approval. Where no zoning board approval is required, an applicant is vested when the building inspector certifies that the application (for a building permit) is complete. The applicant is vested under the zoning ordinance and regulations in effect at the time of the certification, not on the date of application.
• B. Development Requiring Zoning Board Approval. Where zoning board approval is required, an applicant is vested when the building inspector certifies that the application is complete.

The applicant is vested under the zoning ordinance and regulations in effect at the time of the certification, not on the date of application.

(Prior code § 30-31)

• A. Printed copies of the zoning ordinance and map(s) of the city are available to the general public for a reasonable fee and shall be revised to include all amendments. Copies of the zoning ordinance shall be kept in the office of the city clerk.
• B. The city clerk shall be responsible for maintenance and update of the text and zoning map(s) that comprise the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within ninety (90) days of the authorized change(s).
• C. The city solicitor and city planning department shall review the zoning ordinance at reasonable intervals and whenever changes are made to the comprehensive plan of the city, shall identify to the city council any changes necessary in the text or map(s) of the zoning ordinance.
• D. Upon publication of a zoning ordinance and map and any amendment thereto, the city clerk shall send a copy without charge to the Associate Director of the Division of Planning of the Department of Administration of the state of Rhode Island and to the State Law Library.
• E. The planning department shall create, maintain, and periodically update, consistent with changes in state law, a "citizens guide to the land development process" to include information relating to the land development process involving the zoning ordinance, the role and purpose of the zoning board of review, the process for zone changes, the role of the city council, the role of the city plan commission and the comprehensive plan and future land use map. The planning department will coordinate the preparation of the citizens guide to the land development process with the zoning official, city clerk and the law department. The guide when completed will be available in the planning department, department of inspections and the city clerk's office. The guide shall also be posted on the city website for access and reference by the public.

(Prior code § 30-32; Ord. 2020-33, § 1, 10/5/2020)

• A. Inspector of Buildings. The provisions of this chapter shall be enforced by the inspector of buildings. Qualifications of the inspector of buildings are defined in Section 9.07 of the charter. No application, permit, plan, specifications or intended use which is not in accordance with the provisions of this chapter shall be approved by the inspector of buildings.

  The zoning enforcement officer or agency shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official or agency within 20 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the zoning board of review for the determination pursuant to Chapter 17.116.

  The requesting party has the right to appeal the determination made in the zoning certificate pursuant to Chapter 17.116.

• B. Zoning Permit. No building or structure shall be erected, reconstructed, altered, enlarged or moved and no use of any land or premises shall be begun or changed without a zoning permit having been issued by the inspector of buildings. Whenever a permit or license is issued by any other department of the city, such permit or license shall be in conformance with the provisions of this chapter. Any application for such a permit shall be accompanied by a plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon, the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged, the existing or intended use of each building or structure, the location of all zoning district boundary lines as they may affect the lot or premises, the location and size of off-street parking, loading facilities and driveways, where required and such other information as may be necessary to provide for the execution and enforcement of this chapter.

  A record of all applications, plans and permits shall be kept on file in the office of the inspector of buildings of the city and such record shall be available for public inspection during regular office hours.

  All applicants, whether profit or nonprofit organizations, when applying for a zoning permit for multi-family construction projects, shall disclose on such application, whether rental is open to all citizens or is limited to certain income groups and whether "rental supplements" will be supplied from any private or public agency.

  The building inspector will notify in writing, the mayor, the city council, the city's state senators and state representatives, the chairperson of the housing authority, the school committee and the school building committee when the project involves twenty-five (25) or more units and also include information relative to income limitations if any and rent supplements if any. Notification to the above-listed parties will be made in writing as soon as possible after the application for a zoning permit is filed.

• C. Occupancy Permit.
  • 1. An occupancy permit shall be required for any of the following:
    • a. Occupancy and use of a building, structure, hereafter erected, reconstructed, altered, enlarged or moved;
    • b. Change in use of an existing building, structure or premises to a use of a different classification;
    • c. Occupancy and use of vacant land except for raising of crops;
    • d. Change in use of land to a use of a different classification other than raising of crops;
    • e. Any change in use of a nonconforming use.
  • 2. No such occupancy, use or change of use shall take place without the issuance of an occupancy permit signed by the inspector of buildings. Such permit shall not be issued until the building, structure, premises or land and its uses and the uses incidental thereto, have been inspected and approved by such inspector. A record of all occupancy permits shall be kept on file in the office of the inspector of buildings and the same shall be available for public inspection during regular office hours.
  • 3. Certificate of Use and Occupancy for Industrial Buildings. No industrial building or structure shall be occupied or used until a certificate of use and occupancy shall have been issued by the city building inspector. This certificate of use and occupancy shall be necessary for both all new and for all existing industrial buildings. Application for a certificate of use and occupancy must be made in writing to the city building inspector by the owner or lessee of the building. The application must contain a complete description of the use of the industrial building.
• D. Approval and Notice. Approval or disapproval for a certificate of use and occupancy shall be issued from the city building inspector after a formal application is received, an inspection of the building has taken place and both the public works department and fire marshal have approved the use.

  Notification of all approvals and or disapprovals for use and occupancy shall be sent by the city building inspector to the public works department, fire department, division of fire safety, the city planning commission, the Cranston department of economic development and to the mayor and all members of the city council.

• E. Change of Use. Any change of use or change of tenant within an industrial building with a certificate of use and occupancy will require a new certificate of use and occupancy.
• F. Right of Entry. The building official or his or her assistant shall have the right of entry to such buildings or structures for the proper performance of his or her duties between the hours of 9:00 a.m. and 5:00 p.m., except that in the case of emergency, he or she shall have the right of entry at any time, if such entry is necessary in the interest of public health, safety and welfare. If any owner, occupant or other person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure operation or premise where inspection authorized by this code is sought, the building official or state building commission when assuming the duties of a building official will seek from any judge of the district court a search warrant in accordance with Title 12, Chapter 5 of the General Laws of Rhode Island, as amended; or revoke or suspend any license, permit or other permission regulated under this code where inspection of the structures, operation or premises is sought to determine compliance with this code.

(Prior code § 30-40; Ord. 2026-2, 1/20/2026)

• A. Any person, firm, corporation or other entity who shall violate any of the provisions of this chapter or fails to comply therewith or with any of the requirements thereof or who shall build or alter any building or other structure in violation of any detailed statement or plan submitted and approved thereunder, upon conviction thereof shall each be fined not more than one hundred dollars ($100.00) for each such offense and each day such violation shall exist shall be deemed a separate offense. Fines shall start to accrue thirty (30) days after the issuance of the first violation notice, if the violation is not corrected.
• B. The owner or owners of any land, building, premises or part thereof who shall violate any of the provisions of this chapter or fails to comply therewith or with any of the requirements thereof or who shall allow or permit by its agents, contractors, architects, builders or subcontractors the violation of any of the provisions of this chapter or allows the failure to comply therewith or with any of the requirements thereof, or who are the owner or owners of any land, building, premises or part thereof where anything in violation of this chapter is built, erected, placed or shall exist, upon conviction shall each be fined not more than one hundred dollars ($100.00) for each such offense and each day such violation shall exist shall be deemed a separate offense. Fines shall start to accrue thirty (30) days after the issuance of the first violation notice, if the violation is not corrected.
• C. The subsequent approval or permission of the zoning board of review of the city allowing, either by appeal, variance, special exception or special permit, the continued use of the premises built or existing in violation of the within chapter as set forth in this section, shall not relieve the violator or violators from any penalties imposed by this section.
• D. The city may also cause suit to be brought in the supreme or superior court or any municipal court in the name of the city to restrain the violation of, or to compel compliance with, the provisions of this zoning chapter. The city may consolidate an action for injunctive relief and/or fines under the ordinance in the superior court of Providence County.

(Prior code § 30-41; Ord. 2019-29, § 1, 7/22/2019)

If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation or determination and the application of the provisions to other persons, agencies or circumstances, shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

(Prior code § 30-49)

This zoning chapter divides the city into zoning use districts, which include overlay districts and floating zone districts. Regulations and standards are set forth for each land use, type of development or type of building or structure within each district. Zoning use districts are depicted by type and location on the zoning map.

For the purposes of this chapter, the city is divided into the following districts:

The descriptions above of the primary uses within each district are intended for the purposes of summary only. Reference should be made to the detailed use provisions hereinafter set forth.

For the purposes of reference, the above districts may be referred to by symbols, excluding the terms "residential", "commercial," "industrial" or "open space."

For the purposes of reference, the above districts may be referred to in this chapter as members of a class of districts in the following manner:

(Prior code § 30-4; Ord. 2026-2, 1/20/2026)

• A. Zoning Maps. The boundaries of zoning use districts are hereby established in a spatial database as part of Cranston's geographic information system (GIS) and shown on the maps entitled, "Zoning, City of Cranston, Rhode Island", adopted on [DATE OF ADOPTION BY CITY COUNCIL TO BE INSERTED] and as most recently amended (ZONING MAP), which are adopted as part of this chapter and which are on file in the office of the city clerk. All explanatory matter thereon is made part of this chapter.
• B. Amendments to Zoning Map.
  • 1. The zoning map and GIS database shall be updated within thirty (30) days of the following activities:
    • a. City council adoption of an amendment to zoning in accordance with Chapter 17.120. The GIS database shall contain the latest ordinance number of the approved change.
    • b. Discovery of errors in the GIS zoning data, after notification to the city council.
  • 2. Updated zoning map shall be electronically created in a widely accepted digital format and a paper copy shall be printed. Said documents shall be stored in the office of the city clerk.
• C. Annual Zoning Map.
  • 1. At the time the annual assessor maps are issued, an updated zoning map and GIS database shall be electronically created in a widely accepted digital format and a paper copy shall be printed. Said documents shall be stored in the office of the city clerk.
  • 2. Each annual issuance of the zoning map shall reflect changes originating from:
    • a. City council adoption of an amendment to zoning in accordance with Chapter 17.120.
    • b. Discovery of errors in the GIS zoning data.
    • c. Parcel configuration changes or error corrections that have occurred on the assessor maps, including subdivisions and merges.
  • 3. A listing of the corrections and amendments required by subsection (a) and (b) above shall be submitted to the city clerk annually with the zoning map. Notable error corrections required by subsection c above shall also be included.
• D. Public Rights-of-Way. Public rights-of-way and streets shall not have a zone and shall be attributed in the GIS database with a zone of "none". Whenever any public right-of-way or street is abandoned by official action, the zoning district adjoining the said right-of-way or street shall be automatically extended to the new property line resulting from such abandonment. All area included in the abandonment shall thereafter be subject to all appropriate regulations of the extended district.
• E. Property Lines. When the boundary lines are shown approximately on the location of the existing property or lot lines and the exact location of the zoning boundaries is not indicated by means of figures, distance or otherwise, the property or lot lines shall be the zoning boundary line.
• F. Shorelines and Center Lines. Boundaries indicated as following shorelines shall be construed to follow the boundary lines of the jurisdiction of the city; boundaries indicated as approximately following the center line of a creek, river, public utility or railroad right-of-way shall be construed to follow such center lines.
• G. Other Boundaries. Boundaries indicated as parallel to or extensions of features indicated in subsections D and E above shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.
• H. Determination. Where the exact location of a boundary line cannot be determined under the subsections D, E and F above, the location of such line shall be determined by the inspector of buildings.
• I. To verify the zoning status of a property, an individual may obtain a certified copy of a hard copy of the zoning map from the city clerk. Certified copies shall be signed by the city clerk, shall include the date on which the copy was issued and shall be provided with a graphic scale, measurable when printed.
• J. Uncertified copies of the digital zoning layer may be provided for informational purposes only.

(Prior code § 30-5; Ord. 2016-39, § 1, 11/28/2016)

• A. Authority and Purpose.
  • 1. This section is adopted in accordance with Title 45-24 of the General Laws of Rhode Island, as amended (1988 amendment), which declares the preservation of structures of historic or architectural value to be a public purpose; authorizes historic district zoning and the creation of an historic district commission for preservation purposes in each city and town; provides for definitions of terms used in historical area zoning; and establishes a uniform procedure regarding historical area zoning.
  • 2. The regulations in this section have been adopted to preserve districts and specific buildings of the city which reflect elements of its cultural, social, economic, political and architectural history. This section is designed to stabilize and improve property values in such historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and buildings for the education, pleasure and welfare of the residents of the city; provide where feasible, that in these historic districts housing, including but not limited to, limited equity cooperative housing, be made available to low and/or moderate income residents.
• B. Definitions. The following terms shall have the following respective meanings:

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

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

  "Certificates of appropriateness" means a certificate issued by the Cranston historic district commission, established under this chapter, indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within an historic district.

  "Appropriate for the purpose of passing upon an application for a certificate of appropriateness" means not incongruous with those aspects of the structure, appurtenances or the district which the commission has determined to be historically or architecturally significant.

  "Construction" means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes and retaining walls.

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

  "Historic district" means a specific area of the city and the structures therein, as designated by ordinance of the city pursuant to this chapter. An historic district includes one or more structures. Criteria to be employed in the determination of boundary lines and contributing or noncontributing structures shall be those criteria established by the historic district commission and approved by the city council.

  "Major maintenance or repair" means the infrequently required repair to remedy or prevent damage or deterioration of a structure or its appurtenances, including but not limited to, replacement of roofs, windows, porches, shingles, clapboards, shutters, chimneys or any repair that alters the architectural features of a property.

  "Removal" means a relocation of a structure on its site or to another site.

  "Routine maintenance or repair" means the care regularly and frequently required to remedy or prevent damage or deterioration of a structure or its appurtenances, including but not limited to sealing of wood or masonry, pointing of brick, painting, weather stripping, storm doors and storm windows, gutters and downspouts. Re-roofing and re-siding shall be considered as routine maintenance or repair if the roof plane is not altered and the new roofing or siding material match the style, type and appearance of the original construction. Any maintenance or repair that alters architectural features of the property shall not be considered as routine maintenance, but rather as a major repair.

  "Structure" means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings, gazebos, billboards, outbuildings, decorative and retaining walls and swimming pools.

• C. Designation of Historic Districts.
  • 1. For the purposes of this section, the boundaries of and properties within any local historic district are established as shown on a map designated as a local historic district map and filed in the office of the city clerk. Such map(s) is/are incorporated as part of this chapter.
  • 2. It is the intent of this section that historic property owned by the city within the boundaries of designated historic districts as shown on a "historic district map" shall not be exempt from the provisions of this section.
  • 3. All provisions of this section shall apply to future historic districts which may be created by the city council.
• D. Historic District Commission. There is established a historic district commission to carry out the purposes of this section.
  • 1. The commission shall consist of seven members, who reside in Cranston and are appointed by the mayor and serve without compensation. Members shall have a demonstrated interest in historic preservation and desirable, hut not required, examples of education or experience qualifications, including American history, architectural history, architecture, archaeology, historic preservation, law, real estate, building or planning, among others. Members shall be appointed for three year terms and appointments shall be staggered so that subsequent appointments shall not reoccur at the same time. Members shall be eligible for reappointment. In the event of a vacancy on the commission, the mayor shall promptly make an interim appointment, within 90 days, for the remainder of the unexpired term. The mayor may name an auxiliary member to the commission in addition to the regular members, which auxiliary member shall sit as an active member at the chairperson's request, when and if a regular member is unable to serve at any commission meeting.
  • 2. The commission shall organize annually and, by election, shall select from its membership a chairperson, vice chairperson and secretary.
  • 3. The commission shall:
    • a. Compose all rules and regulations necessary to carry out its functions under the provisions of this chapter;
    • b. Compose standards of review to inform historic district residents, property owners and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. From time to time these standards may be amended, as reasonably as necessary;
    • c. Present the foregoing rules, regulations and standards, including amendments thereto, to the city council for its approval; and
    • d. Publish and make available to the public all rules, regulations and standards of review, including amendments thereto, after approval by the Cranston city council.
  • 4. All meetings of the commission shall be open to the public and any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision. The commission shall comply in all respects with the R.I. Open Meetings Law.
  • 5. Notice of commission meetings at which an application for a certificate of appropriateness is being considered shall appear in a newspaper with general community circulation at least six days, but no more than 14 days prior to such meetings. The fee for advertising shall be borne by the applicant and shall be paid at the time of application submittal.
  • 6. A written record of all commission resolutions, proceedings, findings of fact, decisions and actions shall be on file for public view at the city planning office.
  • 7. Four members shall constitute a quorum and the concurring vote of not less than four commissioners shall be necessary for either approval or rejection of any official business of the commission.
• E. Powers and Procedures of the Commission.
  • 1. It shall be the duty of the commission, with the assistance and aid of the city plan commission, to make its recommendations to the city council for the establishment, laying out or defining of districts which are deemed to be of historic or architectural value.
  • 2. Certificates of Appropriateness.
    • a. Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated historic district, the owner must apply for and receive a certificate of appropriateness from the commission approving such construction, alteration, repair, removal or demolition.
    • b. In applying for a certificate of appropriateness, a property owner must comply with application procedures as established by the commission pursuant to Chapter 45-24.1 of the General Laws as amended and the provisions of this chapter. A certificate of appropriateness is necessary for all replacement windows, fences, and any other changes to the building which require a building permit, which includes alteration, repair, removal or demolition. Building permit applications for reroofing, which include stripping and/or new shingles which match the existing roof in color, size and material, may be granted a certificate of appropriateness administratively through the planning office. Building permit applications for residing that matches the existing siding in scale, spacing and material, may also be granted a certificate of appropriateness administratively through the planning office. The inspector of buildings shall not issue a building permit until the application has received a certificate of appropriateness.
    • c. Applications for certificates of appropriateness shall be filed with the commission at the office of the planning department, which shall determine if such application is complete according to the submission requirements of the commission. Incomplete applications shall be returned to the applicant for completion and resubmission within seven working days of receipt by the city planning department.
    • d. The application date shall be that date on which the city planning department has acknowledged receipt of a completed application.
    • e. The commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition including but not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the commission which may be specified in their procedures and standards.
  • 3. In reviewing the applications and plans, the commission shall give consideration to:
    • a. The historic and architectural significance of the structure and its appurtenances;
    • b. The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district;
    • c. The appropriateness of the general compatibility of the design, texture, material, siting and location proposed in the plans. Rejection of plans on the basis of siting or location shall be based only upon:
      • i. Protecting significant views of historical resources,
      • ii. A desire to encourage uniform setbacks of structures where a clear setback pattern has been established;
    • d. The commission shall pass only on the exterior features of a structure and its appurtenances and shall not consider interior arrangements.
  • 4. In the case of an application for construction, repair, alteration, removal or demolition affecting a noncontributing or new structure, the design review guidelines shall specify that the commission shall interpret the guidelines with flexibility, granting a certificate of approval if such construction, repair, alteration, removal or demolition does not destroy significant historical or architectural features and that the design is compatible with the site and environmental setting of the property, neighborhood or district. All buildings, structures, appurtenances and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance than that of the building, structure, appurtenance or site and setting shall be discouraged.
  • 5. When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission shall also consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
  • 6. In circumstances where historic district commission review may overlap with historic reviews of the Rhode Island Historic Preservation and Heritage Commission, it shall be the obligation of the historic district commission to arrange a coordinated review process with the state agency. This coordinated review shall be arranged within the time limitations established through the local commission's rules of procedure for their own review of an application. The purpose of the coordinated review shall be to minimize the potential for conflicting opinions on matters related to historic preservation on the part of local and state authorities. The historic district commission shall solicit the written comments of the Rhode Island Historic Preservation Commission.
  • 7. The following are special considerations regarding valuable historic resources:
    • a. In the case of an application for construction, repair, alteration, removal or demolition affecting the exterior appearance of a structure or its appurtenances, which the commission deems so valuable that the loss thereof will be a great loss to the city, state or nation, the commission shall endeavor to work out with the owner, an economically feasible plan for the preservation of such structure.
    • b. Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure to any purchaser willing to preserve such structure or unless the commission votes to issue a certificate of appropriateness for such construction, alteration and repair, removal and demolition, the commission shall file with the inspector of buildings its rejection of such application and, in the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.
    • c. In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the inspector of buildings its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the preceding paragraph are in existence or if:
      • i. Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
      • ii. Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
      • iii. The preservation of such structure would not be in the best interest of the majority of the community.
• F. Failure of the Commission to Act. The failure of the commission to act within forty-five (45) days from the date of a completed application filed with it shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the commission. In the event, however, that the commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information that can be obtained within the aforesaid period of forty-five (45) days, then and in said event, the commission shall have a period of up to ninety (90) days within which to act upon such application.
• G. Advisory Role. In order to assist the city, its agencies, boards and commissions, staff, mayor and council on matters of historic preservation, the commission may provide its expertise and advise as appropriate.
• H. Exceptions.
  • 1. Nothing in this section shall be construed to prevent routine maintenance or repair of any structure within a historic district, provided that such maintenance or repair does not result in any change of design, type of material or appearance of the structure or appurtenance. Nothing in this section shall be interpreted to discourage contemporary building methods and materials or construction techniques that promote energy conservation, provided that such methods, materials or techniques do not alter significant historical or architectural features of the structure or appurtenance. Nothing in this section shall be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building official prior to the passage of this section.
  • 2. Additionally, the historic district commission shall not regulate or consider the color of paint of any structure or appurtenance, any interior features, barbecues or outdoor detached fireplaces, readily removable exterior features (such as air conditioners, play equipment, lawn furnishings, outbuildings smaller than twenty (20) square feet), storm windows or doors, rear yard decks or patios not visible from the street and decorative vegetation.
• I. Appeals. Any person aggrieved by a decision of the historic district commission shall have the right to appeal such decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of evidence in the record. The zoning board of review shall put all decisions on appeals in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission. Any person aggrieved by a decision of the zoning board of review on a matter appealed under this section may apply to the Superior Court of Rhode Island in the same manner provided in Section 45-24-20 and from the Superior Court to the Supreme Court by the writ of certiorari.
• J. Enforcement. Any duly authorized local official, including but not limited to the inspector of buildings, may bring an action against any property owner who fails to comply with the requirements of this section. Such actions shall be brought in the Superior Court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this section.
• K. Oak Lawn Village Local Historic District.
  • 1. Oak Lawn Village Local Historic District is designated an historic district, the boundaries of which are shown on the map entitled "Zoning Plat—Oak Lawn Village Local Historic District," and dated July 26, 1982, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk, and shall be delineated as an overlay district on the zoning plat maps 18/2, 18/4 and 21/3, as amended, Cranston, Rhode Island.
  • 2. After review of applications for certificate of appropriateness from owners of noncontributing residential structures within the Oak Lawn Village Local Historic District built after January 1, 1965 and before the passage of the ordinance codified in this section, the historic district commission recommendations shall be of an advisory nature only and not binding upon the inspector of buildings.
• L. Lippitt Hill School Local Historic District. The former Lippitt Hill School is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat— Lippitt Hill School Local Historic District," and dated July 17, 1995, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 30/4, as amended, Cranston, Rhode Island.
• M. Evangeliste Turgeon House Local Historic District. The Evangeliste Turgeon House is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat 2/2—Evangeliste Turgeon House Local Historic District" and dated July 21, 2005, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 2/2, as amended, city of Cranston, Rhode Island.
• N. The Joy Homestead Local Historic District.
  • 1. The Joy Homestead is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat—The Joy Homestead Local Historic District" and dated April 19, 2006, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 12/6, as amended, city of Cranston, Rhode Island.
  • 2. The Joy Homestead local historic district consists of lot number 3112 in its entirety on the city of Cranston's assessor's map 12/6, as of December 31, 2005.
• O. The Niles Westcott House Local Historic District. The Niles Westcott House is hereby designated an individual Local Historic district, the boundary of which is shown on the map entitled, "Zoning Plat - The Niles Westcott House Local Historic District" and dated January 23, 2009, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 16/1, as amended, city of Cranston, RI.
• P. The James H. Armington House Local Historic District. The James H. Armington House is hereby designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat—The James H. Armington House Local Historic District" and dated October 1, 2011, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 2/4, lot 3598, as amended, city of Cranston, Rhode Island.
• Q. The Nathan Westcott House Local Historic District. The Nathan Westcott House is hereby designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat — The Nathan Westcott House Local Historic District" and dated August 9, 2019, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the Zoning Plat Map 12/6, as amended, city of Cranston, RI.

(Prior code § 30-4.1; Ord. 05-44 § 1; Ord. 05-54 § 1; Ord. 06-49 §§ 1, 2; Ord. 2009-14, § 1, 3/23/2009; Ord. 2011-43, § 1, 11/28/2011; Ord. 2019-35, § 1, 9/23/2019; Ord. 2026-2, 1/20/2026)

Editor's note: Former Chapter 17.16, which pertained to similar subject matter and derived from prior code § 30-4.2 and Ord. 2009-4, adopted 1/26/2009, was repealed 8/26/2013 by Ord. 2013-27.

• A. Special flood hazard areas (SFHA) are subject to periodic flooding which can result in the loss of life and property; create health and safety hazards; disrupt commerce and governmental services; require public expenditures for flood protection and relief and impair the tax base, all of which adversely affect the public health, safety, and general welfare.
• B. Flood losses are caused by the cumulative effect of unregulated development in SHFA which cause increased flood heights and velocities and by structures that are vulnerable to floods because they are inadequately elevated, flood-proofed, or otherwise protected from flood damages.
• C. The review of development in SFHA's to insure compliance with the requirements of this chapter will reduce financial burdens to the City and prevent future displacement and suffering of its residents.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

The purpose of this chapter is to promote the public health, safety, and general welfare; minimize property damage; encourage sound construction practices; minimize future damage and protect water supply; and promote sanitary sewage disposal and natural drainage. The requirements of this chapter are designed to:

• A. Protect human life and health;
• B. Prevent development from increasing flood hazards;
• C. Protect new structures and substantial improvements to structures from flood damage;
• D. Minimize expenditure of public funds for flood control projects;
• E. Minimize the need for rescue and relief efforts associated with flooding;
• F. Minimize business interruptions;
• G. Minimize damage to public facilities and utilities;
• H. Help maintain a stable tax base by providing for the sound use and development of SFHA's;
• I. Make flood insurance available for structures and their contents by fulfilling the requirements of the National Flood Insurance Program (NFIP).

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. Cranston elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The NFIP, as established, provides that SHFA's be identified by the Federal Emergency Management Agency (FEMA) and that floodplain management measures be applied in said areas. This chapter shall apply to any development which lies wholly or partly in a SFHA.
• B. SFHA's are established as a floodplain overlay district. The district shall be all SHFA's within the city designated as Zone A, AE, AH, AO, A99, V, or VE on the current Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the FEMA. The FIRM map panels of for the city are:

  Panel Number	Date
  44007C0292H	October 2, 2015
  44007C0294H	October 2, 2015
  44007C0295G	March 2, 2009
  44007C0311H	October 2, 2015
  44007C0312H	October 2, 2015
  44007C0313H	October 2, 2015
  44007C0314H	October 2, 2015
  44007C0316G	March 2, 2009
  44007C0317J	September 18, 2013
  44007C0318H	October 2, 2015
  44007C0319J	October 2, 2015
  44007C0406H	October 2, 2015
  44007C0407H*	March 2, 2009
  44007C0426H	October 2, 2015
  44007C0427H	October 2, 2015

  Notes:

  *Panel not printed.

  The exact boundaries of the district shall be defined by the one hundred (100) year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The Planning Department is responsible for floodplain management. The FIRM and FIS and any revisions to them are incorporated by reference and are on file with the department.

• C. The requirements of this chapter shall not repeal, abrogate, or impair any existing easement, covenant, or deed restriction and shall be in addition to all other requirements of the Cranston Code of Ordinances (Ordinance) and other applicable state or federal laws and regulations. Where this chapter and another ordinance, law, regulation, easement, covenant, or deed restriction conflict, whichever imposes the more stringent restrictions shall prevail.
• D. In the interpretation and application of this chapter, all provisions shall be:
  • 1. Considered minimum requirements;
  • 2. Liberally construed in favor of the city; and
  • 3. Deemed neither to limit or repeal any other powers granted under state statutes.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific data provided by FEMA and/or by the U.S. Army Corps of Engineers. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that areas outside of the SFHA's or that land uses permitted in SHFA's will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, FEMA or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

Unless defined below or in Section 17.04.030, the words and phrases used in this chapter shall have the same meaning as they have in common usage and to give this chapter it's most reasonable application:

A Zone. — See "zone A."

"Accessory structure" means a structure which is on the same parcel as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

"Addition" means a walled and roofed expansion to the perimeter of a structure in which the expansion is connected by a common load-bearing wall other than a firewall. A walled and roofed expansion, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall be treated as new construction.

"Appeal" means a request to the zoning board of review to review the inspector of buildings' interpretation of any provision of this title or a request for a variance.

"Area of shallow flooding" means a designated AO, AH, AR/AO, AR/AH, or VO zone on a FIRM with a one percent or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. — See definition for "special flood hazard area."

B Zone. — See zone B."

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Base flood elevation (BFE)" means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

"Building. — See definition for "structure."

C Zone: — See zone C.

"Coastal A zone" means those parts of the city's coastal floodplain, inland from the mapped V Zone, that are subject to the damaging effects of waves, velocity flows, erosion, scour or combination of those forces. The boundary of the coastal A zone shall be the limit of moderate wave action as shown on the FIRM.

"Cost" means the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: The cost of materials (including interior finishing elements), structural elements, utility and service equipment (including heating and air conditioning and utility meters); sales tax on materials, building equipment and fixtures; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time and contractor's overhead and profit. Items to be excluded include: Cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

"Critical facility" means a structure or other improvement that; because of its function, size, service area, or uniqueness; has the potential to cause serious bodily harm, extensive property damage or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include the following categories:

• 1. Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
• 2. Hospitals, nursing homes and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood.
• 3. Police and fire stations, vehicle and equipment storage facilities and emergency operations centers that are needed for flood response activities.
• 4. Utility facilities that are vital to maintaining or restoring normal services to flood areas.
• 5. Facilities which, if flooded, would cause loss of irreplaceable public records.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to the construction of structures; mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.

"Dry floodproofing" means any combination of structural and non-structural waterproofing measures incorporated in a structure that is not elevated to the BFE or the elevation required by the Rhode Island Building Code, whichever is greater, that keeps water from entering the building in order to prevent or minimize flood damage.

"Elevated structure" means a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid (perimeter) foundations walls are not an acceptable means of elevating buildings in V and VE zones.

"Elevation certificate" means a statement certified by a professional engineer (PE) or professional land surveyor (PLS), on a FEMA approved form, which verifies a structure's elevation and other related information needed to verify compliance with this Chapter.

"Enclosure" means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls.

"Encroachment" means the physical advance or infringement of uses, plant growth or development into a floodplain.

"Existing construction" means any structure for which the start of construction commenced before January 1, 1975.

"Existing manufactured home park" or "manufactured home subdivision" means a manufactured (mobile) home park or subdivision for which the construction of facilities servicing the lots on which the manufactured (mobile) homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before November 27, 1974.

"Expansion to an existing manufactured home park" or "existing manufactured home subdivision" means the preparation of additional sites by the construction of facilities servicing the lots on which the manufacturing (mobile) homes are to be placed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Federal Emergency Management Agency (FEMA)" means the federal agency under which the NFIP is administered.

"Five hundred-year flood (five hundred (500) year flood)" means the flood that has a 0.2 percent chance of being equaled or exceeded in any given year.

"Flood" or "flooding" means:

• 1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
  • a. The overflow of inland or tidal waters.
  • b. The unusual and rapid accumulation or runoff of surface waters from any source.
  • c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
• 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

"Flood insurance rate map (FIRM)" means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

"Flood insurance study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

"Floodplain" means any land area susceptible to being inundated by flood waters from any source. (See definition of flood or flooding.)

"Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodproofing certificate" means a statement certified by a PE or a registered architect, on a FEMA approved form, stating that a non-residential structure, together with attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and that all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.

"Floodway" means 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 cumulatively increasing the water surface elevation more than a designated height.

"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

• 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
• 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
• 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
• 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
  • a. By an approved state program as determined by the Secretary of the Interior; or
  • b. Directly by the Secretary of the Interior in states without approved programs.

"Limit of moderate wave action (LiMWA)" means the inland limit of the area affected by waves greater than 1.5 feet. The LiMWA is determined based on the landward limit of the one percent annual chance coastal flood that can support a 1.5-foot wave.

"Lowest adjacent grade" means the lowest point of the ground level immediately next to a building. It does not include earth that is emplaced for aesthetic or landscape reasons around a foundation wall. It does include natural ground or properly compacted fill that comprises a component of a structure's foundation system.

"Lowest floor" means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of applicable non-elevation design requirements.

"Manufactured (mobile) home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park" or "manufactured home subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

"Market value" means the price of a structure that a willing buyer and seller agree upon as determined by an independent appraisal by a professional appraiser; a property's tax assessment minus land value; the replacement cost minus depreciation of the structure or the structure's actual cash value.

"Mean sea level (MSL)" means the National Geodeticl Vertical Datum {NGVD} of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

"National Flood Insurance Program (NFIP)" means the program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

"New construction" means for floodplain management purposes, structures for which the "start of construction" commenced on or after November 27, 1974.

"New manufactured home park" or "manufactured home subdivision" means a manufactured (mobile) home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after November 27, 1974.

"Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"Professional engineer (PE)" means a person who has been registered and licensed by the state board of registration for professional engineers in accordance with RIGL Chapter 5-8.

"Professional land surveyor (PLS)" means a person who has been duly registered as a professional land surveyor by the board established under RIGL 5-8.1, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all to surveying of real property and engaged in the practice of land surveying as defined in this section.

"Recreational vehicle" means a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable and designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Floodplain. — See definition "special flood hazard area (SFHA)."

Regulatory Floodway. — See definition for "floodway."

"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sheet Flow. — See definition for "area of shallow flooding."

"Special flood hazard area (SFHA)" means an area having special flood, mudslide (i.e. mudflow) or flood-related erosion hazards and shown on a flood hazard boundary map (FHBM) or a flood insurance rate map (FIRM) zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.

"Start of construction" — (includes substantial improvement,) the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

• 1. A building with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site;
• 2. A manufactured home ("a manufactured home," also known as a mobile home, is a structure: Built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
• 3. A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

  For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank. Subsidized rates mean the rates established by the Federal Insurance Administrator involving in the aggregate subsidization by the Federal Government.

"Substantial damage" means damage of any origin sustained by a structure during a five-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure during a five-year period, the cost of which equals or exceeds fifty (50) 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 local code enforcement official and which are the minimum necessary to assure safe living conditions; or
• 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Utilities" (for structures) means plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration and fire-fighting facilities essential for the occupancy of structure. Utilities include but are not limited to furnaces, boilers, air conditioning compressors, air and heating ducts, water supply pipes electric, gas and water meters, control panels, electrical wiring, and gas pipes.

"Variance" means for floodplain management purposes, a grant of relief by a community from the terms of a flood plain management regulation.

"Violation" means the failure of a structure or other development to be fully plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

"Wet floodproofing" means measures designed to minimize damage to a structure or its contents by water that is allowed into a building.

"Zone A" means the special flood hazard area (except coastal V zones) shown on a community's flood insurance rate map. There are seven types of A zones:

• 1. A: SFHA where no base flood elevation is provided.
• 2. AE: SFHA where base flood elevations are provided. AE-zone delineations are used on newer FIRMs instead of A# zones.
• 3. AO: SFHA with sheet flow, ponding, or shallow flooding. Base flood depths (feet above grade) are provided.
• 4. AH: Shallow flooding SFHA. Base flood elevations in relation to a national datum are provided.
• 5. AR: A temporary designation for an area where a flood control system that no longer provides protection from the base flood is expected to be improved so it will provide protection to the base flood again in the future. This zone is considered part of the special flood hazard area or "regulatory floodplain."

"Zone B" means area of minimal flood hazard, usually depicted on older FIRM's as between the limits of the base and five hundred (500) year floods of the primary source of flooding.

"Zone C" means area of minimal flood hazard, usually depicted on older FIRM's as between the limits of the base and five hundred (500) year floods of the primary source of flooding.

"Zone V" means the special flood hazard area subject to coastal high hazard flooding. There are three types of V zones: V, V#, and VE, and they correspond to the A-zone designations.

"Zone X" means newer flood insurance rate maps show zones B and C (see above) as zone X. The shaded zone X corresponds to a zone B and the unshaded zone X corresponds to a zone C.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

The inspector of buildings (BI) shall administer this chapter and shall:

• A. Review development applications in SHFA's to determine compliance with the requirements of this chapter;
• B. Inspect and inventory damaged structures in SFHA's and complete substantial damage determinations;
• C. For residential structures, verify and record the elevation of the lowest floor (including basement) of any new construction, substantial improvements or repair to substantially damaged structures;
• D. For nonresidential structures, verify and record the elevation of the lowest floor (including basement) or the floodproofed elevation of any new construction, substantial improvements or repair to substantially damaged structures;
• E. Utilize, in reviewing applications for devolvement in SHFA's, the BFE as provided in the city's FIRM and FIS;
• F. Interpret the location of boundaries of SFHA's as shown on the FIRM's;
• G. In A-zones, in absence of FEMA BFE and floodway data, obtain, review, and utilize other BFE and floodway data as a basis for elevating residential structures to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and for floodproofing or elevating non-residential structures to or above the elevated to the BFE or the elevation required by the Rhode Island Building Code (whichever is greater);
• H. Maintain, as a permanent record, copies of all SHFA development permits (SHFA permit) issued and data relevant thereto, including reports of the zoning board of review on variances.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. No development shall be allowed in a SHFA unless it complies with the requirements of this chapter and other applicable regulations. Any development in a SHFA shall require the issuance of a SHFA Permit by the BI except where said development is covered by a building permit conditioned on the construction authorized meets the performance standards set by this chapter or for the construction of public improvements in a subdivision approved by the city plan commission conditioned on the public improvements authorized meets the performance standards set by this chapter.
• B. Application for a SHFA permit shall be made on forms furnished by the BI and shall provide the following information:
  • 1. The name, address and phone number of the applicant.
  • 2. A description of the proposed development.
  • 3. Address of and a locus map for proposed development.
  • 4. A site plan signed and stamped by a registered professional engineer (RPE) or professional land surveyor (PLS) showing:
    • a. Benchmark and datum (all elevations shall be in NAVD 88);
    • b. The dimensions of the lot;
    • c. Grading including existing/proposed contours and proposed cuts, fills and drainage facilities;
    • d. Watercourses, floodways and the BFE;
    • e. The location and dimensions of existing/proposed structures and utilities;
    • f. The elevation of the lowest floor, including basement (If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above);
    • g. The highest and lowest grades adjacent to the walls of proposed structures; and
    • h. The elevation to which the structure will be elevated or floodproofed.
  • 5. A statement as to the type of waste disposal system proposed.
  • 6. Certification by a RPE or PLS that the BFE and other elevations shown on the plan are accurate.
  • 7. Certification by a RPE, PLS or registered architect that a proposed development shall comply with the elevation or floodproofing requirements set by Section 17.17.100(A)(1), Section 17.17.100(A)(2), Section 17.17.100(A)(3), Section 17.17.100(A)(5), Section 17.17.100(A)(8), Section 17.17.100(B)(1) and Section 17.17.100(B)(2).
  • 8. A storm water management and sediment and erosion control plan as required by the ordinance or state regulations. At a minimum, said plan shall specify that ground cover shall be established immediately after disturbance and include a plan for final landscaping.
  • 9. A description of the extent to which any watercourse will be altered or relocated.
• C. Additional Compliance.
  • 1. The NFIP requires permits for all projects in SHFA's that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. In addition to a building or SHFA permit, a development shall be permitted by either the Rhode Island Coastal Resources Management Council (CRMC) and/or the Rhode Island Department of Environmental Management (RIDEM) as applicable.
  • 2. Prior to the issuance of a building or SHFA permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.
  • 3. All development in the SHFA shall be in compliance with the following:
    • a. Rhode Island State Building Code (As established under Rhode Island General Law Section 23-27.3);
    • b. Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (RIGL Section 46-23);
    • c. Endangered Species Act, Rhode Island Department of Environmental Management (RIGL Section 20-1-2);
    • d. Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL Section 2-1-18);
    • e. Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL Sections 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2);
    • f. Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL Sections 42-17.1 and 42-17.6 and 46-12).
• D. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

For a SHFA permit, a permit fee (based on the formula used for issuing a building permit) shall be required to be paid to the city at the time of application.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

The following standards shall apply to any development located wholly or partly in a SFHA:

• A. No watercourse shall be altered in a manner which will decrease the capacity of the watercourse and unless prior approval has been granted by the RIDEM. If an alteration of a watercourse is permitted, the BI shall notify prior to said alteration:

  Adjacent Communities:

  NFIP State Coordinator Rhode Island Emergency Management Agency 645 New London Avenue Cranston, Rhode Island 02920

  Risk Analysis Branch Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110

• B. In a floodway:
  • 1. The construction of a structure that requires the issuance of a building permit shall be prohibited.
  • 2. Any encroachment shall be prohibited unless a RPE certifies that said encroachment shall not result in an increase in the BFE.
• C. Excavation or fill below the BFE may be permitted under the following conditions:
  • 1. All excavation or fill shall be constructed so as not to obstruct a drainage way.
  • 2. The excavation or fill shall be constructed so as to be stable, remain firm and in place during flooding and to protect abutting properties from runoff.
  • 3. No land shall be altered in a manner which will increase a BFE. The amount of flood storage provided after the excavation or fill shall be compensated at a ratio of 1.5 to one to that which presently exists under the two, ten (10), twenty-five (25) and one hundred (100) year storm event. Said storage shall be provided to that lost at each elevation (in one foot increments) and shall be located in the same reach of the river. Written certification that said compensation has been created shall be provided by a RPE prior to the issuance of any certificate of occupancy (CO).
• D. No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction, create a potential fire hazard or pollute the waters in a flood event shall be permitted in a SFHA. Said items shall include but not necessarily be limited to: lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.
• E. Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation during flooding. Said items shall include but shall not be limited to: fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.
• F. The use of flood-resistant materials shall be used for construction below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
• G. Construction methods and practices shall be used that minimize flood damage.
• H. All utilities shall be constructed such that they are elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
• I. Onsite waste disposal systems shall be designed to avoid impairment to or contamination from them during flooding.
• J. Water supply and sanitary sewage systems shall be designed to prohibit infiltration into the systems and discharge from the systems during flooding.
• K. Fuel oil storage tanks shall be either elevated to or above the DFE or securely anchored to prevent flotation. Vent pipes shall extend to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and fill caps below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) shall be screw type with a tight fitting gasket to prevent mixing of water with oil.
• L. Current BFE data shall be required for any subdivision proposal.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. Construction Standards for A-Zones.
  • 1. Residential Construction.
    • a. New construction, substantial improvements or repair to substantially damaged structures shall have the bottom of the lowest floor including basement and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • b. Should solid foundation perimeter walls be used to elevate a structure, the structure shall comply with the standards specified in Section 17.16.100(A)(4).
    • c. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
  • 2. Non-Residential Construction.
    • a. New construction, substantial improvements or repair to substantially damaged structures shall:
      • i. Have the bottom of the lowest floor including basement and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater); or
      • ii. Have the bottom of the lowest floor including basement and utilities dry floodproofed to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) with watertight walls that are substantially impermeable to the passage of water, and constructed with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodproofing measures shall take into account flood velocities, duration, and rate of rise, hydrostatic pressures, and impacts from debris or ice and shall be operable without human intervention and without an outside source of electricity.
    • b. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
  • 3. Manufactured (Mobile) Homes and Recreational Vehicles (RVs).
    • a. New manufactured homes, substantial improvements or repair to substantially damaged manufactured homes shall have the bottom of the lowest floor including utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • b. Manufactured homes shall be securely anchored on a permanent foundation which itself is securely anchored so to resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
    • c. Manufactured homes shall be installed using methods and practices which minimize flood damage.
    • d. Public utilities for manufactured homes or subdivisions shall be constructed so as to minimize flood damage.
    • e. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
    • f. Recreational vehicles placed on site shall be on the site for fewer than one hundred eighty (180) consecutive days.
  • 4. Elevated Structures. New construction, substantial improvements, or repair to substantially damaged structures that include fully enclosed areas formed by a foundation and other exterior walls below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) of an elevated structure, shall be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls. Designs showing compliance with this section shall be certified by a RPE or registered architect prior to the issuance of any building permit and shall meet the following standards:
    • a. The enclosed area shall be less than three hundred (300) square feet.
    • b. The enclosed area shall be used only for the parking of vehicles, building access or storage of maintenance equipment used in connection with the premises.
    • c. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
    • d. The enclosed area shall not be used as living space (human habitation) or partitioned into separate rooms.
    • e. There shall be a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings shall be located on at least two different walls. Only the area that lies below the BFE shall be used in the calculation of net area of vents required.
    • f. The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's enclosed area shall be at or above grade. Fill placed around the foundation walls shall be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the structure. The foundation slab of a residential structure, including the slab of a crawlspace, shall be set equal to the outside finished grade on at least one side of the structure.
    • g. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic passage of flood waters without any external influence or control such as human intervention or the use of electrical or other non-automatic mechanical means. Other coverings may be designed and certified by a PE and approved by the BI.
    • h. Walls, floor, and ceiling materials located below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) shall be unfinished and be constructed of flood resistant materials.
    • i. Utilities, washers, dryers, and food freezers shall be elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • j. For structures constructed with a crawl space:
      • i. The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall shall not exceed four feet at any point.
      • ii. An adequate drainage system shall be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
    • k. A copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure's originally approved design shall be provided to the city's floodplain manager prior to the issuance of any CO.
  • 5. Critical Facilities.
    • a. Construction of new critical facilities shall be prohibited within the five hundred (500) year floodplain.
    • b. Substantial improvements or repair to substantially damaged critical facilities shall:
      • i. Have the bottom of the lowest floor, including basement and utilities either elevated or dry floodproofed to or above the five hundred (500) year flood plus two feet of freeboard, as required by Section 17.16.100(A)(2)(a).;
      • ii. Provide access to said facility that is elevated to or above the five hundred (500) year flood plus two feet of freeboard;
      • iii. Have toxic substances stored on site floodproofed and sealed to ensure that said substances shall not be displaced by or released into floodwaters.
    • c. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
  • 6. Accessory Structures.
    • a. All accessory structures shall:
      • i. Not be used for human habitation. An apartment, office or other finished space over an accessory structure is considered human habitation and shall require the structure to be elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
      • ii. Be used only for the storage of vehicles and/or limited storage and shall not be modified into another use.
      • iii. Be built of flood resistant materials below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
      • iv. Have all utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
      • v. Have all flammable or toxic materials stored above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • b. Attached Garages.
      • i. A garage attached to a structure shall have the garage floor slab elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) or be dry floodproofed to above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • c. Detached garages and accessory structures shall:
      • i. Have unfinished interiors.
      • ii. Be wet floodproofed to above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
      • iii. Be no more than five hundred (500) square feet.
      • iv. Be anchored to resist floatation, collapse, lateral movement and overturning.
  • 7. Foundation Protection. A structure may be constructed on permanent fill in accordance with the following standards:
    • a. Fill shall be placed in layers no greater than one foot deep before compacting.
    • b. The top of the fill shall be no lower than the BFE or the elevation required by the Rhode Island Building Code (whichever is greater) and extend a minimum of ten (10) feet beyond the foundation of the structure before sloping below the BFE or the elevation required by the Rhode Island Building Code (whichever is greater). The ten (10) feet minimum may be waived if a RPE certifies an alternative method has been provided to protect the structure from damage due to erosion, scour, and other hydrodynamic forces.
    • c. Fill used to support structures shall be compacted to ninety-five (95) percent of the maximum density obtainable by the Standard Proctor Test (ASTM Standard D-698) and its suitability to support structures shall be certified by a RPE.
    • d. Fill shall be protected against erosion and scour during flooding. Slopes shall be no greater than two to one horizontal/vertical. Flatter slopes may be required where velocities may cause erosion.
    • e. The fill shall not adversely affect the flow or surface drainage from or onto abutting properties.
  • 8. Standards for Shallow Flooding Zones. Located in the SFHAs are areas designated as shallow flooding areas which have flood hazards associated with BFE of one foot to three feet, where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate; in said areas the following requirements shall apply:
    • a. Residential Construction.
      • i. New construction, substantial improvements, and repairs to substantially damaged structures shall have the lowest floor including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor including basement and utilities shall be elevated no less than three feet above the highest adjacent grade.
      • ii. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
      • iii. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
    • b. Non-Residential Construction. New construction, substantial improvements, and repair to substantially damaged structures shall:
      • i. Have the lowest floor, including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor, including basement, shall be elevated no less than three feet above the highest adjacent grade; or
      • ii. Have the bottom of the lowest floor, including basement and utilities dry floodproofed to an elevation three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade with watertight walls that are substantially impermeable to the passage of water, and shall be constructed with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodproofing measures shall take into account flood velocities, duration, and rate of rise, hydrostatic pressures, and impacts from debris or ice and shall be operable without human intervention and without an outside source of electricity. If no flood depth is specified, the floodproofing elevation shall be elevated no less than three feet above the highest adjacent grade.
      • iii. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
      • iv. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(B).
    • c. Manufactured (Mobile) Homes and Recreational Vehicles (RVs).
      • i. New manufactured homes, substantial improvements and repair to substantially damaged structures shall have the lowest floor including basement and utilities elevated three feet higher than the flood depth number specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the lowest floor including basement and utilities shall be elevated no less than three feet above the highest adjacent grade.
      • ii. All manufactured homes shall be securely anchored on a permanent foundation which itself is securely anchored so to resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
      • iii. All manufactured homes shall be installed using methods and practices which minimize flood damage.
      • iv. Public utilities and facilities in manufactured homes or subdivisions shall be constructed so as to minimize flood damage.
      • v. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
      • vi. Recreational vehicles placed on sites shall be on the site for fewer than one hundred eighty (180) consecutive days.
• B. Construction Standards in V-Zones and Coastal A-zones.
  • 1. Residential and Non-Residential Construction. New and substantial improvements, and repair to substantially damaged structures:
    • a. Shall be elevated and secured to anchored pilings or columns and shall have the bottom of the lowest horizontal structural member of the structure and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
    • b. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building codes.
    • c. Shall be certified by a RPE or registered architect that the design and methods of construction meet elevation and anchoring requirements.
    • d. Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage and shall not be used for human habitation.
    • e. Shall not utilize fill for structural support.
    • f. New development shall be located on the landward side of the reach of mean high tide.
    • g. Prior to the issuance of any CO, certification shall be provided as required by Section 17.16.110(A).
  • 2. Manufactured Homes.
    • a. The placement of new manufactured homes shall not be permitted.
    • b. Existing manufactured homes which are substantially improved or repaired because they have sustained substantial damage:
      • i. Shall be elevated and secured to anchored pilings or columns and shall have the bottom of the lowest horizontal structural member of the structure and utilities elevated to or above the BFE or the elevation required by the Rhode Island Building Code (whichever is greater).
      • ii. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building codes.
      • iii. Shall be certified by a RPE or registered architect that the design and methods of construction meet elevation and anchoring requirements.
      • iv. Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely for building access or storage and shall not be used for human habitation.
      • v. Shall not utilize fill for structural support.
  • 3. Recreational vehicles placed on sites shall be on the site for fewer than one hundred eighty (180) consecutive days.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. Residential Construction. Prior to the issuance of any CO, the elevation of the lowest floor of the structure including basement and utilities shall be certified by a RPE or PLS. Said certification shall be provided on a current FEMA elevation certificate.
• B. Non-Residential Construction. Prior to the issuance of any CO:
  • 1. The elevation of the lowest floor of the structure including basement and utilities shall be certified by a RPE or PLS. Said certification shall be provided on a current FEMA elevation certificate; or
  • 2. A RPE or registered architect shall certify the elevation of dry floodproofing and that the design and methods of construction comply with the standards set by Section 17.16.100(A)(2)(a)(ii). Said certification shall be provided on a current FEMA floodproofing certificate.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. General. The zoning board of review (ZBR) may hear and grant a variance as prescribed in Section 17.92.010 subject to the procedures and standards contained therein. In addition to complying with the procedures and standards set by Section 17.92.010. The ZBR shall consider and make findings on the following additional factors:
  • 1. The danger to life and property due to flooding including the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
  • 2. The danger that materials may be swept on to other lands to the injury of others;
  • 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
  • 4. The importance of the services provided by the proposed facility to City;
  • 5. The requirements of the facility for a waterfront location;
  • 6. The availability of alternative locations not subject to flooding for the proposed use;
  • 7. The safety of access by ordinary and emergency vehicles to the property during flooding;
  • 8. The heights, velocity, duration and rate of rise of the flood waters expected at the site; and
  • 9. The costs of providing governmental services during and after flooding, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
• B. Grant of Variance. A variance shall not be granted by the ZBR unless an applicant demonstrates compliance with the following standards:
  • 1. The development shall not be located within a floodway.
  • 2. The development shall not create any increase in a BFE.
  • 3. The development shall not place fill for structural support on a site located in a V-zone or coastal A-zone.
  • 4. There shall be no additional threat to public health, safety or creation of a nuisance.
  • 5. There shall be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
  • 6. The applicant's circumstances are unique and shall not establish a pattern inconsistent with the intent of the NFIP.
• C. Historic structures. Variances may be issued for the repair or rehabilitation of a historic structure upon a determination that the proposed repair or rehabilitation shall not preclude the structure's continued designation as a historic structure and that the variance shall be the minimum to preserve the historic character and design of the structure.
• D. Notification.
  • 1. Any application for which a variance is granted, the ZBR shall give written notice, to the applicant, specifying the difference between the BFE and the elevation to which the lowest floor is to be built; and stating that:
    • a. The cost of the flood insurance will be commensurate with the increased risk resulting from a lower floor elevation;
    • b. There will be increases the risks to life and property; and
    • c. Being notified of these risks, the applicant shall be required to acknowledge in writing the assumption of the risk and liability.

    A copy of the notice shall be recorded by the ZBR in the city's registry of deeds and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

  • 2. The BI shall maintain the records of appeal actions and report the granting of any variances to the Rhode Island Emergency Management Agency.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

• A. The BI shall enforce the provisions of this chapter. If the BI finds that any provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.
• B. When the above action does not result in the correction or abatement of the violation, the BI may take any and all actions necessary to enforce this chapter. Any person who continues to violate any provision of this chapter after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of five hundred dollars ($500.00) for each violation. Each day such a violation is continued is a separate offense.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

If any provision of this chapter; or any rule, regulation or determination made there under or the application thereof to any person or, agency is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation or determination and the application of the provisions to other persons or agencies shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)

No building or structure shall be erected, occupied or used and no land or premises shall be used except as authorized in Section 17.20.030 and in compliance with Section 17.20.110. In Section 17.20.030, the symbols have the following meanings:

Accessory uses and buildings incidental to the principal uses shall be interpreted as permitted with the principal use, subject to Sections 17.20.030 and 17.60.010.

(Prior code § 30-6; Ord. 2026-2, 1/20/2026)

• A. The uses authorized in Section 17.20.030 are subject to all the applicable requirements in this chapter. Certain categories of uses in Section 17.20.030 are permitted only in compliance with additional performance standards articulated elsewhere in this chapter.
• B. The following uses shall be permitted uses within all residential zoning use districts of a municipality and all commercial zoning use districts except where residential use is prohibited for public health or safety reasons:
  • 1. Households.
  • 2. Community residences.
  • 3. Family day care homes.
• C. Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to 12 months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.
• D. Appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.
• E. When used in this section, the terms "people with disabilities" or "member, or members, with disabilities" means a person(s) who has a physical or mental impairment that substantially limits one or more major life activities, as defined in RIGL § 42-87-1(5).
• F. Adaptive Reuse.
  • 1. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, mills, and malls into residential units or mixed-use developments which include the development of at least 50% of the existing gross floor area into residential units, shall be a permitted use.
  • 2. Prohibitions. Adaptive reuse under this section shall not be allowed where:
    • a. Residential use is prohibited by environmental land use restrictions recorded on the property by the state of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency;
    • b. In the M-1 and M-2 zoning districts, or a portion thereof, where residential use is prohibited for public health and safety reasons which are based on specific and detailed findings;
    • c. In any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.
  • 3. Density. Provided that all minimum building, rehabilitation, and fire code requirements are met for all residential units, as applicable; and provided that, for projects with more than four residential units, not less than 10% of low- or moderate-income housing is provided. If less than 10% of low- or moderate-income housing is provided, then the allowable maximum density shall be less than 15 units per acre.
  • 4. Dimensional Requirements.
    • a. Building Envelope. The development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.
    • b. Parking. A minimum of one off-street parking space for the first two bedrooms of any dwelling unit shall be provided and one additional parking space per additional bedroom.
    • c. Existing Setbacks. Existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless relief is granted by the applicable authority.
    • d. Height. For adaptive reuse projects, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.
  • 5. Water and Sewer. The development shall have access to public water and sewer services or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater treatment system(s) approved by the relevant state agency.
• G. Manufactured homes, as defined in Section 17.04.030, that comply with RIGL § 23-27.3-109.1.3 shall be allowed as a type of single-family home on any lot zoned for single-family use. Such home shall comply with all dimensional requirements of a single-family home in the district.

(Prior code § 30-7; Ord. 2026-2, 1/20/2026)

The following pages enumerate principal uses accepted by the city and identify the zoning districts within which they are permitted.

(Prior code § 30-8; Ord. 04-51 § 6 Exh. A; Ord. 06-28 § 1; Ord. 06-48 § 1; Ord. 2010-28, § 3, 9/27/2010; Ord. 2012-24, § 1, 9/24/2012; Ord. 2015-32, § 1, 11/23/2015; Ord. 2020-3, § 1, 1/21/2020; Ord. 2020-11, § 1, 2/24/2020; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

• A. Subdivision of Land.
  • 1. Minor and major subdivisions of land, as defined by the city of Cranston Subdivision Regulations, as amended, shall not be approved unless all buildable lots are in conformity with the minimum lot area and minimum lot width and frontage as per Section 17.20.120, Schedule of intensity regulations.
  • 2. Administrative subdivisions of land, as defined by the city of Cranston Subdivision Regulations, as amended, shall not be approved unless all buildable lots are in conformity with the minimum lot area and minimum lot width and frontage as per Section 17.20.120, Schedule of intensity regulations, unless the proposal results in the reduction of existing nonconformities and/or does not create or intensify any nonconformity.
• B. Development Proposals.
  • 1. Primary structures shall be permitted on substandard lots of record unless said lot is merged to form a conforming lot per Section 17.88.010 (Substandard lots of records and lot mergers), and provided that the lot has sufficient accommodations for vehicular access including that required for emergency vehicles as determined by the fire chief or his/her designee. Such proposals shall not require conformance with minimum lot area, lot width, lot depth, or lot frontage of the zoning district the lot is located in. Instead, the following applies:
    • a.
      • i. If there is a zoning district in which the subject lot conforms to the minimum lot size requirements listed in Section 17.20.120, the lot shall comply with the building setback, lot frontage, and lot width requirements for said zoning district.
      • ii. If the subject lot is not conforming as to lot area in any zoning district, the setback, frontage, and/or lot width requirements for a structure subject to this section and Section 17.88.010 shall be reduced by the same proportion as the lot area of the substandard lot is to the minimum lot requirement of the zoning district in which the lot is located.
    • b. Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located.
  • 2. All proposals exceeding such reduced requirement shall proceed with a modification request under Section 17.20.130, or a dimensional variance request under Section 17.92.010, whichever is applicable.
  • 3. Accessory structures may be permitted on substandard lots of record, in accordance with Chapter 17.60, Accessory Uses, and shall not require conformance with minimum lot area and lot width and frontage.
  • 4. Additions, expansions or renovations to existing structures on substandard lots of record that do not result in a required increase of minimum lot area per Sections 17.20.090, Specific requirements and 17.20.120, Schedule of intensity regulations may be permitted and shall not require conformance with minimum lot area and lot width and frontage. Additions, expansions or renovations which result in a required increase in the minimum lot area per Section 17.20.090, Specific requirements and Section 17.20.120, Schedule of intensity regulations shall require conformance with minimum lot area and lot width and frontage.
• C. Changes of Use.
  • 1. Changes of use which result in a required increase in minimum lot area per Sections 17.20.090, Specific requirements and 17.20.120, Schedule of intensity regulations shall require conformance with minimum lot area and lot width and frontage.
  • 2. Changes of use which do not result in a required increase in minimum lot area per Sections 17.20.090, Specific requirements and 17.20.120, Schedule of intensity regulations shall not require conformance with minimum lot area and lot width and frontage.

No exemption in this section shall be meant to provide relief from any other section of the zoning code.

(Prior code § 30-9; Ord. 2021-9, § 1, 5/24/2021; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

No lot, yard, required open space or off-street parking area shall be so reduced, diminished, modified or maintained that the yards or other open space, total lot area or off-street parking shall be smaller than prescribed in this chapter.

(Prior code § 30-10)

No part of a yard, parking space or other open space required about any building or use for the purpose of complying with the provisions of this chapter shall be included as part of a yard, parking space or other open space required under this chapter for another building except as provided in subsection 17.88.010(p)(7).

(Prior code § 30-11)

In no case shall there be more than one main residential building and its accessory buildings on one lot in the A-6, A-8, A-12, A-20 A-80 and B-l districts. Where more than one dwelling is permitted they shall be so located as to permit subdivision of the lot in conformity to this chapter. This regulation shall not apply to residential buildings used for *educational purposes. It shall also not apply to any buildings used for congregate retirement living facilities or nursing homes where located in the A-12 or B-1 zones.

(Prior code § 30-12; Ord. 2012-22, § 1, 8/27/2012)

No dwelling shall be erected on a lot which does not abut a public street for the full frontage of the lot.

(Prior code § 30-13)

• A. The minimum lot areas in Section 17.20.120 are for a single-family dwelling in districts in which dwellings are permitted. For a two-family dwelling, the minimum lot area shall be eight thousand (8,000) square feet. For multi-family dwellings the minimum lot area shall be six thousand (6,000) square feet for the first dwelling unit, plus four thousand (4,000) square feet for each of the next nine dwelling units, plus three thousand five hundred (3,500) square feet for each dwelling unit in excess of ten (10) dwelling units; provided, however, that for the multi-family structures designed for the elderly, ninety (90) percent or more whose units are to be occupied by persons at least sixty (60) years of age, the minimum lot area shall be eight thousand (8,000) square feet for the first two dwelling units, plus one thousand (1,000) square feet for each dwelling unit in excess of the two dwelling units.
• B. Where a commercial use is mixed with a dwelling use, the minimum lot area shall be as shown in Section 17.20.120 for the district in which the lot is located, plus two thousand (2,000) square feet for each of the first ten (10) dwelling units, plus one thousand two hundred (1,200) square feet for each dwelling unit in excess of ten (10) dwelling units.
• C. Where corner lots have rounded corners with a radius of fifteen (15) feet or more, the area otherwise required shall be reduced by one hundred (100) square feet for each such rounded corner.
• D. Where a corner lot directly abuts a lot in a residential district along the same side of a street, all of the regulations of such residential district for front yards shall apply to such corner lot along the street whose frontage it shares with such residential district.
• E. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines for their full length from front to rear with the following exception:

  Side lot lines may deviate from this requirement in areas where natural constraints such as watercourses, wetlands, etc. or where prudent division practices necessitate special consideration. In all such cases, the burden will be on the owner to justify such deviation in design.

• F. In Section 17.20.120 the "minimum side yard" requirement for a nonconforming lot (as defined in subsection 17.88.010(B)) having a frontage of less then fifty (50) feet, shall be five feet.
• G. No railroad refrigerated freight car shall be left standing in operation within one hundred (100) feet of a residential district.
• H. All uses shall be carried on in such a manner as to produce no offensive noise, dirt, odor, glare, heat or vibration perceptible or measurable outside the appropriate property lines.
• I. Exterior lighting shall be shielded or reflected so that the light source is not visible from any residential district. Exterior lighting, the source of which would be visible from any public street, shall have its source reflected or refracted so as to direct and distribute the light to minimize glare.

  The department of inspections shall maintain a list of exterior lighting fixtures which it will approve as meeting the requirements of this subsection.

• J. All parking and outdoor storage areas or facilities for fuel, materials, incineration and products shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than five feet high to conceal such areas or facilities from any residential district adjacent or across the street from the principal building or use. No such enclosure shall be required in or adjacent to any front yard or corner side yard.
• K. Property and buildings to be used for industrial purposes shall be designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, planting, suitably located points of traffic ingress and egress and areas for loading and parking. They shall comply in addition to the requirements applicable to the district in which they are located. All industrial operations shall be carried on in conformity with the requirements of Section 17.36.010.
• L. Additional Setbacks on Certain Streets. Additional setbacks shall be required on certain collector and arterial streets in Cranston in anticipation of increased traffic generation and/or projected highway improvements. Minimum front yard setbacks shall be as follows:

  Location	Setback
  Scituate Avenue (west of Elton Circle)	75 feet
  Hope Road	75 feet
  Phenix Avenue (west of Rt. 295)	60 feet
  Natick Avenue	60 feet
  Olney Arnold Road	60 feet
  South Comstock Parkway	60 feet
  Wildflower Drive	60 feet
  Burlingame Road	60 feet

(Prior code § 30-14)

• A. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines thirty (30) feet from the point of the intersection.
• B. In the areas within ten (10) feet from the sides of a driveway and from the street line to a line ten (10) feet from the sides of a driveway and from the street line to a line ten (10) feet back from the street line, between a height of three and one-half and ten (10) feet above the centerline grade of the driveway, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision from the front ten (10) feet of the driveway to the sidewalk extending ten (10) feet on either side of the driveway.

(Prior code § 30-15)

• A. Building Projections. Projections of window sills, belt courses, eaves, cornices and other ornamental features shall be permitted.
• B. Extension into Front Yard. The space in a required front yard shall be open and unobstructed by structures other than signs except that an unenclosed porch may extend no more than ten (10) feet into the front yard.
• C. Required Front Yards in Developed Blocks. In a block in which twenty-five (25) percent or more of the frontage within two hundred (200) feet of the lot and on the same side of the street is developed with structures, the required front yard for a structure hereafter erected on that lot shall extend to the average alignment of such existing structures instead of as provided in the succeeding sections of this chapter, except that no residence shall have a front yard depth of less than five feet in depth or need have a front yard of greater depth than forty (40) feet in an A-80 district, thirty (30) feet in an A-20 district or twenty-five (25) feet in any other residential district.
• D. Principal Front Yards. In any district a lot having frontages on two public ways that do not intersect shall have two front yards each of a depth as provided in this chapter. One such front yard shall be designated the principal front yard.

  One yard of a corner lot shall be designated as a principal front yard. In a residential district, the yard adjacent to the street that the front door faces shall be the principal front yard.

(Prior code § 30-16)

(Prior code § 30-17; Ord. 04-51 § 7 Exh. B; Ord. 2026-2, 1/20/2026)

The building official is empowered to hear and grant modifications. Submission requirements for applications for such modifications shall be in accordance with Section 17.20.120 provided that references to the zoning board shall refer to the building official.

• A. A modification may be requested for adjustments or deviations not exceeding 25% of any of the dimensional requirements specified herein.
• B. A modification of 5% or less shall be permitted by the building official, subject to the criteria of subsection E of this section, without requiring any notice as detailed in subsection C of this section.
• C. Prior to ruling on a modification of more than 5% and less than 25 of any dimensional or quantitative requirements of this chapter, the building official shall give notice in the same manner as would be given for a variance application, pursuant to the Section 17.108.070 requirements, by first class mail, to all property owners within a 400-foot radius and publish in a newspaper having local circulation in the city of Cranston that he or she is considering such modification, the location of property in question, the nature of the proposed modification, a statement that such modification may be granted by the building official if no objection by anyone who is entitled to notice under this section is received within 14 days, and an invitation to allow any member of the public to inspect plot plans and application forms during normal working hours at the city hall.
• D. If one or more written and duly signed objections are received by the building official within 14 days of the date of such public notice, the modification shall forthwith be filed with the zoning board of review if the applicant so desires, as a request for a dimensional variance in accordance with the provisions of Sections 17.108.070 and 17.108.080 and the building official shall have no further role in deciding the case.
• E. If there are no objections within the specified time period as provided in subsection C above, the building official shall render a decision no later than 14 days after the date of the public notice. The following determination shall be made by the building official.
  • 1. The modification requested is s minimal to a reasonable enjoyment of the permitted use to which the property is supposed to be devoted;
  • 2. If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
  • 3. The modification requested is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance of the city; and
  • 4. The modification requested does not require a variance of a flood hazard requirement.
• F. If the petitioner is aggrieved by a decision of the building official said petitioner may file an application for dimensional variance to the zoning board or review in accordance with Section 17.108.080.

(Ord. 03-59 § 1; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

The following subsections delineate additional regulations which shall be adhered to for all applicable developments as defined in Section 17.04.030. These performance standards apply to all developments specifically allowed or permitted by special use permit in Section 17.20.030. These performance standards apply as minimum criteria if the owner seeks a variance through the zoning board of review. Nothing articulated in this section shall restrict the zoning board from imposing additional conditions to those variance cases.

• A. Any game room center shall:
  • 1. Be required to obtain a business license from the safety services and licenses committee of the Cranston city council which license shall be subject to an annual fee of five hundred dollars ($500.00) per location.
  • 2. Be contained within a completely enclosed building which shall have no openings other than self dosing doors.
  • 3. Be insulated to prevent excessive light, noise or other offensive factor from penetration into any residentially zoned or developed property within one hundred (100) feet of said game room.
  • 4. Be physically separated from a business establishment of another character whenever such game room is located within or in conjunction with, said business. Such physical separation shall be by the way of partitions, doors, etc., which insulates said game room from said business.
  • 5. Be closed to the public between the hours of 10:00 p.m. and 9:00 a.m. and prior to 12:00 noon on Sundays and during hours of operation be properly supervised so that there will be no excessive noise or unruly conduct by patrons playing said amusement machines or devices.
  • 6. Not be located within one thousand two hundred (1,200) feet from a school building as measured from the closest point of the school building to the main entrance of said building in which the game room or amusement machines or devices are located.
• B. Places of Commercial or Recreational Entertainment. No places of commercial or recreational entertainment shall be allowed to have more than ten (10) amusement machines or devices, except in cases where specifically authorized by the committee on safety services and licenses.
• C. Places having liquor licenses shall be allowed to have up to three amusement machines or devices and shall be exempt from the five hundred (500) foot requirement as set forth in Section 5.16.030 of the code, except in cases where specifically authorized by the committee on safety services and licenses.
• D. Places of noncommercial or nonrecreational entertainment and those places which do not have a liquor license shall be allowed to have no more than two amusement machines or devices, except in cases where specifically authorized by the committee on safety services and licenses.
• E. Occupations Within Dwellings. A home occupation or professional home office or studio, as defined in Section 17.04.030 of this title or the rooming and boarding of not more than two persons, shall be permitted within a dwelling, subject to the following restrictions:
  • 1. The dwelling within which the profession or occupation is permitted must be the primary residence of the professional or person conducting the occupation;
  • 2. Such use shall be operated entirely within the dwelling;
  • 3. Such use shall be conducted by persons residing within the dwelling unit and not more than one employee or assistant not residing in the dwelling unit may be employed;
  • 4. Such use shall not utilize more than twenty-five (25) percent of the gross floor area in the dwelling unit; and
  • 5. No more than one sign of not more than one square foot in size, lighted by non-flashing and non-animated illumination, may be displayed.
• F. Accessory Dwelling Unit.
  • 1. One accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:
    • a. On an owner-occupied property as a reasonable accommodation for family members with disabilities as defined in RIGL § 42-87-1(5); or
    • b. On a lot with a total lot area of 20,000 square feet or more for which the primary use is residential; or
    • c. Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
  • 2. Total floor space devoted to an accessory dwelling unit shall be a minimum of 400 square feet in gross floor area. A studio or one bedroom ADU may not exceed 900 square feet, or 60% of the floor area of the principal dwelling, whichever is less; and an ADU with two bedrooms may not exceed 1,200 square feet, or 60% of the floor area of the principal dwelling, whichever is less. An ADU may not contain more than two bedrooms. There shall be no more than one ADU permitted per residential lot.
  • 3. Homeowners who install an accessory dwelling unit as a reasonable accommodation for family members with disabilities shall sign an affidavit stating that the occupant of the apartment is either a parent(s) or grandparent(s) by blood or marriage of the owner of the principal single-family dwelling unit.

    Accessory dwelling units permitted this way shall be in effect as long as the disabled resident dwells in the unit or there is a change of ownership of property. A change of ownership occurring as a result of the death of a joint owner with the survivor continuing to own the property shall not cause the special permit to be terminated.

  • 4. Where sewers are not available, adequate provisions must be made for sewage disposal, including evidence that the on-site septic system is designed to accommodate the additional sewage flow.
  • 5. The design of the accessory dwelling unit shall conform to all applicable standards in the health, building and fire codes.
  • 6. ADUs shall remain as an accessory use to a primary structure and shall not be separated from the primary structure, separated through subdivision, and/or sold by way of condominium creation, ground lease, tenancy in common or other mechanism.
  • 7. ADUs are allowed as part of applications for new primary dwelling units or subdivisions provided they meet one of the listed criteria in Section 17.24.010.F.1. For proposed ADUs that are part of a larger development proposal, ADUs shall not count toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.
  • 8. ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in Section 17.04.030.
• G. Attached Single-Family Dwellings.
  • 1. The unit(s) shall have access to public water and sewer, or have adequate access to private water and/or wastewater systems approved by the relevant state agency.
  • 2. Each single-family unit shall be located on its own lot. Setbacks to these dwellings shall be subject to the same setbacks and minimum lot area requirements of two-family dwellings as per Section 17.20.120, except that a zero-lot line setback along the common property line shall be permitted to accommodate the subdivision for these units; provided that, the unit(s) comply with requirements for building and fire codes.
  • 3. Required minimum frontage and minimum lot area shall be reduced to accommodate the subdivision, provided that the number of attached single-family units allowed is the same as the corresponding residential density for the property and zoning district.
• H. Commercial, Institutional and Multi-Family Building Height.
  • 1. In order to encourage the construction of pitched roofs on large structures and on renovations to architecturally significant structures, this section provides specific performance standards that supersede those noted in Section 17.20.110. Building height of commercial, institutional and multi-family buildings shall be measured to a point where the exterior wall meets the roof line under the following conditions only:
    • a. Building is located a distance from any lot line which is equal to or exceeding the height of the building at the peak;
    • b. Gross floor area of building exceeds ten thousand (10,000) square feet;
    • c. Lot and structure conform with all other restrictions articulated in Section 17.20.110.
  • 2. The maximum peak height allowed for any building conforming with the above conditions shall be limited as follows:

    Roof Pitch	Peak Height
    12:12	50 feet
    10:12	45 feet
    8:12	40 feet
    6:12	35 feet

    Notes:

    * In the case of a designed roof pitch that falls between any of the standards noted above, the building inspector shall determine the maximum allowed height based on calculation of an intermediate limit. In no case shall this section be applied to buildings in excess of fifty (50) feet. Applications for proposed buildings of fifty-one (51) feet or more shall be referred to the zoning board of review.

(Prior code § 30-18(a—d), (n—o), (v); Ord. 2026-2, 1/20/2026)

• A. Purpose. The purpose of this section is to regulate solar energy systems (SESs) by providing standards for application requirements specific to SESs, permitting and review processes, placement, design, construction, operation, monitoring, modification, visual screening, interconnection and removal of such systems. These standards are intended to ensure that SESs are sited appropriately with consideration of project type and scale, are compatible with or are effectively screened from the surrounding area, provide for public safety, minimize impacts on scenic, natural, and historic resources, and are consistent with the city's comprehensive plan, as amended.
• B. Applicability. The provisions of this section shall apply, as specified herein, to all SESs in the city of Cranston that have been certified as complete after February 1, 2020. The provisions of this section shall not apply to any SES certified complete before February 18, 2019, except that all proposed modifications to legal nonconforming SESs will be subject to city code Chapter 17.88, Nonconforming Uses and Structures.
• C. Definitions and Terms.
  • 1.

    Abandoned Solar Energy System. — A solar energy system (SES) that has either reached the end of its useful life or is disconnected.

  • 2.

    Accessory Solar Energy System. — A SES that is incidental and subordinate to the principal use(s) of the parcel(s) or development. There are two categories of accessory SESs, minor accessory SES and major accessory SES.

  • 3.

    Approving Body. — The entity which has the authority bestowed by the city charter and city code to make final decisions on SES applications. The approving body is determined by the type/category of any given SES application as prescribed in Section 17.24.020(E).

  • 4.

    Building-integrated Solar Energy System. — A SES that is incorporated into or onto a building or structure.

  • 5.

    City. — The city of Cranston, Rhode Island.

  • 6.

    Contaminated Site Solar Energy System. — A principal solar energy system located on a contaminated site pending remediation or a remediated and restricted contamination site.

  • 7.

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

  • 8.

    Decommissioning/Restoration Plan. — A plan for dismantling a solar energy system, along with, a plan for the site restoration of the land where the system is located, and a financial guarantee for the completion of the dismantling and restoration after the system is no longer operational.

  • 9.

    DEM. — Rhode Island Department of Environmental Management.

  • 10.

    DPRC. — Development Plan Review Committee of the city of Cranston.

  • 11.

    Fenced Area. — The area within the perimeter of the safety fence that surrounds a SES and associated infrastructure.

  • 12.

    Ground-mounted Solar Energy System. — A SES that is structurally appended to the ground and is not supported by a structure or building.

  • 13.

    Inclusive Approach. — A cooperative and open process in which a SES developer/applicant works with the abutting property owners within four hundred (400) feet of the project site to design and develop SES plans which take the abutter's concerns into account to the greatest reasonable extent possible.

  • 14.

    Interconnection. — The point at which the solar system is connected to the electric distribution system. The interconnection of the system by the utility will generally be located at the street or along an access driveway outside of the fenced area.

  • 15.

    Inverter. — A piece of equipment that converts direct current (DC) electricity from the solar panels into alternating current electricity on which the utility distribution grid operates.

  • 16.

    Major Accessory Solar Energy System. — Any accessory SES which is not a minor accessory SES and whose solar lot coverage does not exceed the maximum allotted in the zoning category which it is sited.

  • 17.

    Major Land Development Plan (MLD). — Any development plan not classified as a minor land development plan.

  • 18.

    Minor Accessory Solar Energy System. — A category of SESs which applies to all roof-mounted SESs, building-integrated SESs, and solar canopies, as well as all accessory ground-mounted SESs that do not produce more than one hundred twenty-five (125) percent of the total electricity consumed by the use(s) on site.

  • 19.

    Minor Land Development Plan. — A development plan for a residential project as defined in local regulations, provided that the development does not require waivers or modifications as specified in this act. All nonresidential land development projects are considered major land development plans.

  • 20.

    MLD. — See major land development plan.

  • 21.

    Preliminary Interconnection Study. — A study indicating the anticipated route and associated costs for interconnection of a solar energy system to the electric distribution system.

  • 22.

    Principal Solar Energy System. — A ground-mounted SES that is not a minor or major accessory solar energy system.

  • 23.

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

  • 24.

    Roof-mounted Solar Energy System. — A SES that is structurally appended onto the roof of a building or structure.

  • 25.

    SES. — See solar energy system.

  • 26.

    Solar Canopy. — A SES which is elevated as to allow for the traversing or parking of vehicles and/or people underneath. Solar canopies in residential zones shall be considered and regulated as building-mounted SESs.

  • 27.

    Solar Energy. — Radiant energy received from the sun that can be collected in the form of heat or light by a solar panel.

  • 28.

    Solar Energy System (SES). — The components and subsystems required to convert solar energy into electric energy suitable for use.

  • 29.

    Solar Energy System Operator. — The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.

  • 30.

    Solar Energy System Owner. — The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.

  • 31.

    Solar Lot Coverage. — The amount of upland area allowed to be occupied by ground-mounted solar panels and associated ground-mounted equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. The area of abutting lots under common ownership may be combined in the calculation of the total upland area. Solar lot coverage is calculated entirely separately from building lot coverage as defined by the Cranston City Code, as amended.

• D. District Use Regulations. See schedule of uses in Section 17.20.030.
• E. Permit Requirements.
  • 1. All SESs are subject to the following approval procedures:

    SES Use Category	Zone	Development Plan Review Committee (DPRC)	Major Land Development (MLD)	Special Use Permit	Building and Electrical Permit
    Minor accessory	All	N*	N	Y**	Y
    Major accessory	C-4, C-5, M-1, M-2, EI, G	Y	N	N	Y
    Principal	M-1, M-2	Y	Y	N	Y

    Notes:
    *Solar canopies over two hundred (200) kW are subject to DPRC.
    **A special use permit is required for ground-mounted minor accessory SESs in A-80 and S-1 zones only. A special use permit is not required for roof-mounted SESs, building-integrated SESs or solar canopies in any zone.
    Y = Yes
    N = No

  • 2. All SES applications located within the city of Cranston and/or National Historical District(s) shall receive approval from the applicable district prior to submittal of a building permit.
  • 3. Final plans shall be approved and recorded before any SES that required DPRC and/or MLD approval can submit a building permit to the city.
  • 4. Issuance of a building permit (local and/or state) is required prior to any installation of a SES.
• F. General Requirements.
  • 1. Location.
    • a. SESs shall be allowed under zoning in accordance with the Cranston City Code Use Table, Section 17.20.030.
    • b. SESs shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allows for such facility.
    • c. SES panels and equipment shall, to the greatest extent possible, be sited within the project site in the area(s) which are anticipated to minimize potentially adverse impacts to nearby properties, communities and natural resources with reasonable considerations to site conditions and other use(s) on site as applicable.
  • 2. Building permit and inspection. No SES shall be constructed, installed, or modified without first obtaining a building permit and such facility shall be subject to periodic inspections as deemed necessary by the building official and/or electrical inspector.
  • 3. Height.
    • a. Roof-mounted and building-integrated SESs are exempt from building height regulations.
    • b. No solar canopy shall exceed the height limitation of the zoning district on which the SES which it is located.
    • c. No individual panel within a ground-mounted SES shall exceed twelve (12) feet in height. The approving body may grant relief from this requirement at its discretion should uses(s) be proposed underneath the panels which are allowed under zoning and are compatible and appropriate uses on the site.
  • 4. Solar Lot Coverage.
    • a. Definition. The amount of upland area allowed to be occupied by ground-mounted solar panels and associated equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. Solar lot coverage is calculated entirely separately from building lot coverage, as defined by the Cranston City Code, as amended.
    • b. Applicability. Solar lot coverage applies to all major accessory and principal SESs. This section shall not apply to minor accessory SESs.
    • c. The solar lot coverage of all ground-mounted SESs are as follows:

      	M-1 and M-2	C-4 and C-5	EI and G
      Major Accessory	30%	20%	20%
      Principal	85%	N/A	N/A

  • 5. Setbacks.
    • a. All roof-mounted and building integrated SESs are exempt from building setbacks so long as they do not encroach into any setback beyond the building on which they are proposed.
    • b. Solar canopies and ground-mounted minor accessory SESs shall be setback a minimum the setback requirements of the applicable zoning district. The setbacks for accessory structures/buildings in city code Section 17.60.010 shall not apply.
    • c. All major accessory SESs in nonresidential zones and principal SESs in M-1 and M-2 zones including electrical equipment shall comply with the setback requirements of the applicable zoning district, or the distance necessary to accommodate required visual screening, whichever is greater, as determined by the approving body(s).
  • 6. Visual Screening/Buffering.
    • a. Applicability. This section applies to major accessory and principal SESs. This section shall not apply to minor accessory SESs.
    • b. Longevity. Required visual screening shall be maintained for the life of the SES. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the city zoning official.
    • c. M-1 and M-2 Zones.
      • i. To incentivize SESs in M-1 and M-2 zones, no additional visual screening will be required unless the project abuts an incompatible use or a residential zone.
      • ii. Where a project abuts incompatible use or a residential zone, the applicant shall use an inclusive approach with the abutters within four hundred (400) feet of the project site do develop an effective visual screening plan. Buffer depth requirements will be flexible as to an appropriate extent based on site conditions while still achieving effective visual screening. Where appropriate, stockade fencing shall be used to satisfy the screening where the existing screening is insufficient. The materials and aesthetics of the stockade fence shall be a topic to be addressed as part of the inclusive approach, and may be conditioned by the approving body. A stockade fence alone will not suffice for visual screening, from the right-of way or abutting properties plantings shall be required in between the project fencing and the property lines as determined during the inclusive approach.
      • iii. The plan commission may require an independent review of the visual screening/buffering plan as by a Rhode Island registered landscape architect in according with the city of Cranston Subdivision Regulations, as amended.
  • 7. Fencing.
    • a. Applicability. This section shall apply to all major accessory and principal SESs. This section shall not apply minor accessory SESs.
    • b. The applicant shall be required to install a minimum of an eight-foot fence around the perimeter of all ground-mounted SESs. In instances where the applicant can show that the surrounding area and site do not require fencing for protection or trespass, or to allow agricultural production within the array area, the planning board may waive the fencing requirements.
    • c. Barbed wire, razor or anything similar is prohibited.
    • d. Where chain-link fencing is allowed, it must be black vinyl-coated.
  • 8. Stormwater Management and Erosion and Sediment Control.
    • a. Applicability. This section shall apply to all SESs in all zones.
    • b. Site alterations must conform to the most recent edition of the RIDEM Stormwater Design and Installation Standards Manual and any other applicable agencies of jurisdiction and the RI Soil Erosion and Sediment Control handbook, as well as applicable city regulations.
    • c. All applicable erosion and sediment controls must be in place prior to construction, including site work, begins.
  • 9. Utilities.
    • a. Applicability. This section shall apply to all major accessory and principle SESs in all zones. This section shall not apply to minor accessory SESs.
    • b. All utility cables on the project site shall be underground. The approving body may, at its discretion, grant relief from this requirement if there are physical barriers to underground utilities as found by National Grid which are entirely separate from matters of cost. The approving body may deny a project based on the aesthetic impacts of aboveground utilities.
    • c. All electrical equipment associated with the SES shall be pad-mounted.
  • 10. Parking and Circulation. Adequate access, parking and turnarounds shall be provided for service and emergency vehicles for all solar canopies, major accessory and principal SESs.
  • 11. Lighting. Lighting of a SESs shall be consistent with applicable local, state and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
  • 12. Noise. Applicants for a building permit to construct a SES must submit a noise study as part of their application. The noise study assesses the potential impacts at any off-site noise receptors (e.g. residences) due to sound emitted by the SESs electrical equipment including, but not limited to, inverters and transformers. The noise study is required to demonstrate that the facility, as designed, does not exceed a forty-decibel noise level (approximately the noise level experienced in a quiet office or library). The city's review engineer will assess the noise study to determine acceptable distance from the SES to any off-site receptor.
  • 13. Glare. All SESs shall be designed and located to prevent reflective glare toward any inhabited buildings or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard. Racks shall have a matt finish to reduce glare and glimmer.
  • 14. Prime Farmland. In any areas of the site where prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resource Conservation Service within the most recent Rhode Island Soil Survey, and where the solar facility or a portion of is proposed, the following is required:
    • a. If soils need to be disturbed in areas of the site for installation purposes, the soils must be stored on site for future reclamation and areas under the panels are to be replanted with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database;
    • b. Siting of the facility overall and individual panels shall keep with the existing contours of the land, and only pile driven or ballast block footing are to be used, so as to minimize the disturbance of soils during installation; and
    • c. Required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database (except as otherwise permitted in this ordinance), with a preference for pollinator-friendly materials to the maximum extent practicable.
  • 15. Manufacturing. SESs shall be manufactured and designed to comply with applicable industry standards, as may amended for time to time, including but not limited to, the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations as may be required by federal, or state laws or utility regulations.
  • 16. Herbicides and pesticides. SESs shall be constructed and maintained in a way that minimizes or refrains from the use of herbicides and pesticides.
  • 17. Decommissioning and Restoration. Any SES shall be removed within one hundred eighty (180) days from the date of discontinued operations. Decommissioning and restoration shall consist of:
    • a. Physical removal and recycling of all solar energy facility structure, equipment, security barriers, fencing and overhead and underground electrical lines from the site.
    • b. Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
    • c. Disposal of all components, wiring, and/or foundations in accordance with the provisions of the city's solid waste regulations.
    • d. Stabilization and re-vegetation of the site in compliance with all state and local laws, regulations, and ordinances necessary to minimize erosion. The site shall be inspected by the zoning inspector and/or his/her designee in coordination with the planning director.
• G. Specific Review Requirements for Major Accessory and Principal SES. Major Accessory and Principal SES applications must include the following:
  • 1. Required at Master Plan Stage.
    • a. A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company.
  • 2. Required at Preliminary Plan Stage.
    • a. A thorough explanation of any transmission lines access or upgrade required as a result of the project, including but not limited to the route starting and end points, potential impacts to street trees, and right-of-way width;
    • b. A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including but not limited to location, screening, setbacks and noise impacts;
    • c. Diagrams detailing the solar energy facility, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices;
    • d. Documentation/details of major system components to be used, including the energy panels, mounting system and inverter;
    • e. An operation and maintenance plan which addresses site access maintenance, vegetation management, equipment and fence maintenance and any other maintenance that may be needed to address town requirements imposed as a result of unique site conditions;
    • f. Decommission/restoration plan including an itemized cost estimate for the decommissioning and restoration of the site; (required at preliminary stage).
  • 3. As part of the final plan, a decommissioning estimate, prepared by a RI licensed engineer, must be approved by the building inspector. Each element of the decommissioning cost estimate must include verifiable source with contact information.
  • 4. Prior to the issuance of a building permit for a major accessory or principal SES, a cash bond, escrow agreement or escrow fund to cover one hundred twenty-five (125) percent of the cost of decommissioning, as approved by the approving body, shall be posted with the city of Cranston.
  • 5. Following the construction of a SES, the applicant shall submit an annual report providing updates on the status of all operations to the department of public works.

(Ord. 2015-38, § 1, 12/21/2015; Ord. 2020-10, § 1, 2/24/2020)

• A. Definitions.
  • 1. The following terms shall have the definitions as set forth in this code:

    Commercial day care;

    Educational institution;

    Halfway house;

    Higher education institution;

    Library;

    Municipal park/playground;

    Outdoor sports field;

    Substance abuse treatment facility;

    Trade or business school;

  • 2. The following terms shall have the definitions as set forth in R.I. Gen. Laws § 21-28.6-16 and attendant regulations:

    Licensed cultivator.

• B. Licensing. A licensed cultivator shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
• C. Proximity to Other Land Uses.
  • 1. No licensed cultivator shall be located within one thousand (1,000) feet from an educational institution.
  • 2. No Licensed Cultivator shall be located within five hundred (500) feet from the land uses listed below:
    • a. Commercial day care;
    • b. Halfway house;
    • c. Higher education institution;
    • d. Library;
    • e. Municipal park/playground;
    • f. Outdoor sports field;
    • g. Substance abuse treatment facility;
    • h. Trade or business school.
  • 3. No licensed cultivator shall be located within four hundred (400) feet from a residential zoning district or a property with a residential use in a MPD mixed use planned district as defined in Chapter 17.100 of this code.
  • 4. Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a licensed cultivator. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
• D. Restrictions.
  • 1. A license cultivator shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts.
  • 2. No activities associated with a licensed cultivator shall be permitted as a home business or accessory use.
  • 3. Licensed cultivator production shall only be located within a building.
  • 4. No licensed cultivator production or processing shall be visible to the public nor shall it be visible through windows. A screened and secured loading area shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of odors.
  • 5. Licensed cultivator building openings, entries and windows shall be screened so as to prevent visual access to the interior of a building. No exterior signage or display of product or service shall be allowed.
  • 6. Licensed cultivator waste shall be stored in secured waste receptacles in the possession of and under the control of the license cultivator or other person responsible for the site. License cultivator waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Departments of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
  • 7. A licensed cultivator shall provide adequate security on the premises which meets the minimum-security requirements according to rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
  • 8. No equipment or process shall be used by a licensed cultivator that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
  • 9. Light cast by light fixtures (i.e., artificial lighting) inside any structure or building used by a licensed cultivator shall not be visible from outside. Light cast by exterior light fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
  • 10. Storage and disposal of manufacturing waste, fertilizers, pesticides, herbicides, and any other hazardous chemical associated with the activities of a licensed cultivator shall comply with all local, state, and federal laws. An application for review of any use by a licensed cultivator shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
  • 11. An annual inspection of licensed cultivator may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
• E. Annual reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
  • 1. Land use decisions and permits;
  • 2. Fire, health, safety, waste water, and building codes and laws; and
  • 3. State of Rhode Island licensing requirements.

(Ord. 2017-5, § 1, 2/27/2017)

• A. Definitions.
  • 1. The following terms shall have the definitions as set forth in this code:

    Commercial day care.

    Education institution.

    Library.

    Municipal park/playground.

    Outdoor sports field.

    Place of religious worship.

  • 2. The following terms are hereby defined by this section:

    Athletic and recreational facility.

    Halfway house.

    Medical marijuana dispensary.

    Substance abuse treatment facility.

    Youth center.

    "Athletic and recreational facility" means any athletic or recreational facility including, but not limited to, any playing field, ballfield, basketball court, tennis court, soccer field, or playground.

    "Halfway house" means a licensed facility that offers services to formerly institutionalized individuals to adjust to life in society.

    "Medical marijuana dispensary" means a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7 [RIGL], and registered under § 21-28.6-12, that dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser. Retail sale for recreational use is not allowed.

    "Substance abuse treatment facility" means a licensed facility that offers recovery services for substance abuse.

    "Youth center" means a managed building and associated outdoor space where young people can meet to participate in a variety of leisure, athletic, educational, religious, and cultural or other activities.

• B. Licensing. A medical marijuana dispensary shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
• C. Proximity to Other Land Uses.
  • 1. No medical marijuana dispensary shall be located within one thousand (1,000) feet* from an educational institution.
  • 2. No medical marijuana dispensary shall be located within five hundred (500) feet* from the land uses listed below:
    • a. Commercial day care.
    • b. Library.
    • c. Municipal park/playground.
    • d. Outdoor sports field.
    • e. Substance abuse treatment facility.
    • f. Halfway house.
    • g. Youth center.
    • h. Athletic and recreational facility.
    • i. Place of religious worship.
  • 3. No medical marijuana dispensary shall be located within four hundred (400) feet* from a residential zoning district or a property with a residential use.
  • 4. *Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a medical marijuana dispensary. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
• D. Restrictions.
  • 1. A medical marijuana dispensary shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts and shall be permitted only by the granting of a special use permit by the zoning board of review.
  • 2. No activities associated with a medical marijuana dispensary shall be permitted as a home business.
  • 3. Medical marijuana dispensary sales shall only be located within a building.
  • 4. Medical marijuana dispensary waste shall be stored in secured waste receptacles in the possession of and under control of the medical marijuana dispensary or other person responsible for the site. Medical marijuana dispensary waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Department of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
  • 5. A medical marijuana dispensary shall provide adequate security on the premises which meets the minimum security requirements according to the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
  • 6. Light cast by exterior lighting fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
  • 7. No equipment or process shall be used that creates noise, dust, vibration, glare, or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
  • 8. Storage and disposal of waste or any other hazardous chemical associated with the activities of a medical marijuana dispensary shall comply with local, state, and federal laws. An application for review of any use by a medical marijuana dispensary shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
  • 9. An annual inspection of medical marijuana dispensary may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
  • 10. Outdoor display of merchandise shall be prohibited.
  • 11. The hours of operation shall be between 10:00 a.m.—7:00 p.m.
  • 12. The minimum lot area shall be six thousand (6,000) square feet.
  • 13. Off-street parking requirements shall be determined by the zoning board of review through the special permit process.
  • 14. Signage requirements for building and free standing signs shall be consistent with the C-3 zoning district. Billboards are prohibited.
• E. Annual Reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
  • 1. Land use and decisions and permits;
  • 2. Fire, health, safety, waste water, and building codes.
  • 3. State of Rhode Island licensing requirements.

(Ord. 2020-9, § 2, 2/24/2020)

• A. Definitions.
  • 1. The following terms shall have the definitions as set forth in this code:

    Commercial day care.

    Education institution.

    Library.

    Municipal park/playground.

    Outdoor sports field.

    Place of religious worship.

  • 2. The following terms are hereby defined by this section:

    Athletic and recreational facility.

    Cannabis retailer.

    Halfway house.

    Hybrid cannabis retailer.

    Marijuana retail facility.

    Substance abuse treatment facility.

    Youth center.

    "Athletic and recreational facility" means any athletic or recreational facility including, but not limited to, any playing field, ballfield, basketball court, tennis court, soccer field, or playground.

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

    "Halfway house" means a licensed facility that offers services to formerly institutionalized individuals to adjust to life in society.

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

    "Marijuana retail facility" means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

    "Substance abuse treatment facility" means a licensed facility that offers recovery services for substance abuse.

    "Youth center" means a managed building and associated outdoor space where young people can meet to participate in a variety of leisure, athletic, educational, religious, and cultural or other activities.

• B. Licensing. A cannabis retailer and hybrid cannabis retailer shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
• C. Proximity to Other Land Uses.
  • 1. No cannabis retailer and hybrid cannabis retailer shall be located within five hundred (500)* feet from an educational institution.
  • 2. No cannabis retailer and hybrid cannabis retailer shall be located within five hundred (500) feet* from the land uses listed below:
    • a. Commercial day care.
    • b. Library.
    • c. Municipal park/playground.
    • d. Outdoor sports field.
    • e. Substance abuse treatment facility.
    • f. Halfway house.
    • g. Youth center.
    • h. Athletic and recreational facility.
    • i. Place of religious worship.
  • 3. No cannabis retailer and hybrid cannabis retailer shall be located within four hundred (400) feet* from a residential zoning district or a property with a residential use.
  • 4. *Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a medical marijuana dispensary. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
• D. Restrictions.
  • 1. A cannabis retailer and hybrid cannabis retailer shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts. A marijuana retail facility shall be prohibited in the city.
  • 2. Cannabis retailer and hybrid cannabis retailer sales shall only be located within a building. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
  • 3. Cannabis retailer and hybrid cannabis retailer waste shall be stored in secured waste receptacles in the possession of and under control of the medical marijuana dispensary or other person responsible for the site. Cannabis retailer and hybrid cannabis retailer waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Department of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
  • 4. A cannabis retailer and hybrid cannabis retailer shall provide adequate security on the premises which meets the minimum security requirements according to R.I.G.L. § 21-28.11 et seq., the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
  • 5. Light cast by exterior lighting fixtures (e.g., security lights, driveway lights) shall be downcast, shielded, and hooded, and not spill onto adjacent lots.
  • 6. Storage and disposal of waste or any other hazardous chemical associated with the activities of a cannabis retailer and hybrid cannabis retailer shall comply with local, state, and federal laws. An application for review of any use by a cannabis retailer and hybrid cannabis retailer shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
  • 7. An annual inspection of a cannabis retailer and hybrid cannabis retailer may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
  • 8. Outdoor display and sales of merchandise shall be prohibited.
  • 9. The hours of operation shall be between 10:00 a.m.—7:00 p.m.
  • 10. The minimum lot area shall be six thousand (6,000) square feet.
  • 11. Parking requirements shall be consistent with the requirements of a C-3 zoning district for retail use.
  • 12. Signage requirements for building and free-standing signs shall be consistent with standards applicable to retail establishments that sell alcoholic beverages. Billboards are prohibited.

(Ord. 2023-26, § 1, 12/18/2023)

• A. Site Plan Requirement. Businesses that include a drive-in use must submit a site plan to the city building inspector at a suggested scale of one inch to twenty (20) feet which shall include the following information:
  • 1. Lot dimensions and area;
  • 2. All buildings and structures existing and proposed;
  • 3. Yards and space between buildings;
  • 4. Walls, fences and landscaping;
  • 5. Vehicular, pedestrian and service access;
  • 6. Automobile stacking spaces from service and ordering station;
  • 7. Parking spaces, including number of spaces and dimensions of parking area;
  • 8. Signs and lighting, including location, height size and method of illumination;
  • 9. Outdoor storage, seating and other outdoor activities;
  • 10. Location of any outside audio system such as ordering stations, loud speakers, etc;
  • 11. The relationship of proposed construction on adjacent properties.
• B. Additional Performance Standards for Drive-In Uses. In addition to uses and intensity regulations of the zoning district in which located, all businesses that include a drive-in use shall be subject to the following additional performance standards:
  • 1. Lot Size. A restaurant including a drive-in use shall be located on a lot with a minimum area of forty thousand (40,000) square feet. Other businesses including a drive-in use shall be located on lots with a minimum area of twenty thousand (20,000) square feet. All buildings that include a drive-in use shall be freestanding and shall not be attached to any other building or portion thereof.
  • 2. Frontage. A restaurant including a drive-in use shall have a minimum street frontage of two hundred (200) feet. Other businesses including a drive-in use shall have a minimum street frontage of one hundred fifty (150) feet.
  • 3. Setbacks. The following setbacks shall be required of all drive-in uses:

    Front yard	40 feet
    Rear yard	20 feet
    Side yard	20 feet

  • 4. Driveway Openings. Driveway openings for businesses including a drive-in use shall be located no closer than sixty (60) feet to an intersecting street. No driveway opening shall be located closer than twenty (20) feet to a side or rear lot line. No driveway opening shall be located within forty (40) feet of another driveway opening.
  • 5. Driveway Width. No driveway shall be more than thirty-five (35) feet in width.
  • 6. Landscaping. Ten (10) percent of the lot area shall be landscaped, with such landscaping continuously maintained. From this total, a minimum landscaped buffer strip of five feet shall separate parking areas from sidewalk rights-of-way.
  • 7. Additional Parking for Drive-In Restaurants. Restaurants including a drive-in use shall provide five parking spaces in addition to those required in Section 17.64.010 of the code for each drive-in ordering station.
  • 8. Stacking Spaces. All drive-in uses shall provide stacking spaces for a minimum of six automobiles for each drive-in window. Stacking spaces shall be designed so as not to interfere with points of access to or from streets. Location of stacking spaces shall not interfere with entry to or exit from parking spaces. For automobile washing businesses, additional stacking spaces may be required at the exit of the auto wash structure.
  • 9. Refuse and Trash Facilities. There shall be a sufficient number of trash receptacles installed on site for customer use. Any so called dumpster or trash receptacle for the drive-in use shall be designed and constructed to be enclosed from public view and permit safe and easy removal of trash by truck or hand.
  • 10. Noise Abatement. No loud speakers or audio devices shall be permitted within one hundred (100) feet of a residential use.
  • 11. Loading Areas. Loading areas for drive-in uses shall not be permitted in required front yards.
  • 12. Safe and Efficient Traffic Circulation. The city traffic engineer shall review all proposals for businesses containing a drive-in use. As a guide, the city traffic engineer will utilize those traffic engineering standards as published in the "Rules and Regulations Concerning Permission for the Use of State Highway Rights of Way" by the Rhode Island Department of Transportation, December 14, 1983 as amended. Approval for a drive-in use shall only be granted if the city traffic engineer determines that the drive-in use and its associated operational characteristics will not create a traffic hazard either with respect to traffic congestion, the adequacy and safety of entry and exit points or the on-site vehicular pattern. The city traffic engineer's written approval shall be required prior to certification by the building inspector that the application (for a building permit) is complete.
  • 13. Any uses that proposes to include a drive in use shall be subject to a site plan review.
  • 14. The city traffic engineer's written approval shall be required prior to the zoning board of review taking any action regarding a drive-in use.

(Prior code § 30-18(e); Ord. 2008-4, § 1, 2/25/2008)

• A. Site Plan Requirement. Any person applying for a used car license or automobile or truck rental license must submit to the office of the city clerk, at the time of application, a site plan at a suggested scale of one inch to twenty (20) feet which shall include the following information:
  • 1. Lot dimension and area;
  • 2. All buildings and structures existing and/or proposed;
  • 3. Yards and spaces between buildings;
  • 4. Walls, fencing, landscaping;
  • 5. Parking spaces for vehicles on display, including the number of spaces, location of driveways, aisles and curb openings. For the purpose of this section, minimum size of parking spaces shall be nine feet wide by eighteen (18) feet in length. Parking spaces for vehicles on display shall be so arranged that vehicles will leave and enter the street with a forward motion.
• B. Performance Standards. In addition to use and intensity regulations of the zoning district in which located, all facilities shall be subject to the following additional performance standards.
  • 1. Lot size. Minimum area shall be twelve thousand (12,000) square feet.
  • 2. Frontage. Minimum frontage shall be one hundred (100) feet.
  • 3. Setbacks. The following building/structure setbacks shall be required:

    Front yard	40 feet
    Rear yard	20 feet
    Side yard	20 feet

  • 4. Driveway Openings. All facilities shall conform to the following relative to driveway openings:
    • a. No driveway opening shall be located closer than twenty (20) feet to a side or rear property line.
    • b. On a corner lot, no driveway opening shall be located closer than twenty-five (25) feet from radius curve.
    • c. No driveway opening shall be located within forty (40) feet of another driveway opening.
    • d. No driveway opening shall be more than thirty-five (35) feet in width.
  • 5. Refuse and Trash Facilities. There shall be a sufficient number of trash receptacles on site. Any so called dumpster or trash receptacle shall be designed and constructed to be enclosed from public view and permit safe, easy removal of trash by truck or hand.
• C. Construction Standards. All facilities shall conform to the following construction standards:
  • 1. All areas, where subject to wheeled traffic, shall be treated with bituminous or other all-weather hard surfacing and shall have appropriate bumper or wheel guards where needed.
  • 2. Where a facility adjoins, faces or extends into a residential district, a wall or fence of solid appearance or a tight evergreen hedge having a height of no less than five feet shall be erected and maintained along the rear and side property lines. No such wall, fence or hedge need be erected in or adjacent to any front yard or corner side yards.
  • 3. Any light used to illuminate said facility shall be so arranged as to reflect light away from adjoining premises and streets.
  • 4. Suitable separation shall be provided between the pedestrian sidewalk and the vehicular parking or moving areas utilizing appropriate bumper or wheel guards, traffic islands or fencing. Where the vehicular parking or moving areas abut a public highway, such area shall be separated from the pedestrian sidewalk by a curb at least six inches in height.
  • 5. On-site landscaped areas shall be protected from vehicular traffic utilizing a curb at least six inches in height.
• D. Review and Approval of Site Plan. The safety services and licenses committee of the Cranston city council shall consider the granting of used car sales license or automobile and truck rental/leasing license only if the city traffic engineer determines that the proposed facility conforms to the standards set forth herein.

  Approval for the facility shall only be granted if the city traffic engineer determines that said use and its associated operational characteristics will not create a traffic hazard either with respect to traffic congestion, the adequacy and safety of entry and exit points or on-site vehicular traffic patterns.

(Prior code § 30-18(f))

• A. Generally. No structure shall be erected for any industrial or commercial use or occupied for industrial or commercial use and no land shall be used for industrial or commercial purposes, unless such industrial or commercial use and operation has been certified in accordance with this chapter. All uses permitted under Section 17.20.030 in conformance with this section shall be deemed to be industrial uses or commercial uses as designated, for all purposes under this section.
• B. Administration of Certification. The inspector of buildings shall have the authority to certify a proposed industrial or commercial use or operation for probable compliance with this section. It is recognized that in some cases the inspector of buildings cannot adequately judge the relation of a prospective or established industrial use to the performance standards provided herein. In such cases, the inspector of buildings or the applicant may request an advisory opinion from the industrial performance commission established under Chapter 17.112.
• C. Procedure for Certification.
  • 1. Generally. Before issuing a building permit for an industrial or commercial use, the inspector of buildings shall determine whether or not the proposed use will comply with the performance standards articulated herein.
  • 2. Plans and Specifications. In order to determine the probable compliance of a proposed industrial or commercial use with the performance standards of this section, the inspector of buildings may require submission of plans and specifications of any proposed machinery, operations and techniques to be used to meet the standards of this section. No applicant shall be required to reveal any secret processes.
  • 3. Affidavit from Applicant in Industrial use and Commercial use. The inspector of buildings shall require an affidavit or certificate from the applicant acknowledging his or her understanding of the applicable standards provided herein and his or her continuing agreement to comply with these standards to ensure that all future manufacturing, commercial operations and processing will stay within the existing healthful characteristics of the area as set forth by the city.
  • 4. Request for Hearing. Upon filing an application for a building permit for an industrial or commercial use, the inspector of buildings may require or the applicant request, a hearing before the industrial performance commission, conducted according to the provisions of Chapter 17.112.
• D. Review by Industrial Performance Commission.
  • 1. Procedure. The industrial performance commission shall review all requests for building permits for industrial or commercial use referred to it and make findings as to the probable compliance of the proposed uses to the performance standards of this section. Upon making such findings, the industrial performance commission shall recommend issuance or refusal of a building permit and convey such recommendations in writing to the inspector of buildings within ten (10) days of the last meeting at which deliberations on the applications were held. This process shall not be required with regard to conforming uses in zones C1, C2, C3, and C4.

    It is intended that the burden of proof for the establishment of reasonable assurance of compliance with performance standards of this section shall rest with the applicant. No applicant shall be required to reveal any secret processes. The commission shall invite the applicant or his or her representative to appear before it at its meeting.

  • 2. Evidence. The industrial performance commission may require such evidence as may be pertinent to establishing reasonable assurance that the proposed use will comply with this section, including expected levels or quantities of smoke, fumes, vibration, liquid or solid wastes, air pollution, gases, heat and glare or other nuisances in terms easily comparable with the values given in that section.

    In cases where correction devices are to be used, they shall be stated and examples of such correction devices in use will be given with such illustrations as are necessary to clearly convey the methods used to the commission. Examples of similar industrial operations in actual use with photographs, testimony and explanation, as may seem appropriate to the commission to clearly convey the type of use and its performance.

• E. Issuance of Certificate. Upon determination that a proposed industrial or commercial operation complies with this section, certification shall be made by the inspector of buildings and shall specify whether certification is granted for conformance in a C-5, M-1 or M-2 district.
• F. Enforcement of Standards.
  • 1. Violations. In the event of a determination by the inspector of buildings of a probable violation of the performance standards subsequent to the granting of a permit, a written notice of the probable violation shall be sent by registered mail to the owner of the industrial or commercial use. The notice shall further state that upon the continuation of the probable violation, technical determinations as described in this chapter shall be made by the inspector of buildings and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate; but that if it is determined that no violation exists, the costs of the determination will be paid by the city.
  • 2. Review by Industrial Performance Commission. Cases involving probable violations may be referred by the inspector of buildings to the industrial performance commission. In such cases, the industrial performance commission shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed herein. The industrial performance commission shall make known its findings in writing to the inspector of buildings.
• G. Performance Standards. The following standards shall apply for the operation of uses in C1, C2, C3, C4, C-5 and industrial districts and for the operation of industrial or commercial nonconforming use in any zone:
  • 1. Noise. Industrial and commercial noise shall be measured from any property line of the tract on which the industrial and commercial operation is located by the inspector of buildings, the police chief or his/her designee. Measurement may also be made by a properly calibrated and tested noise decibel monitoring device installed under his/her supervision. Industrial and commercial noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness.

    At the specified points of measurement, the sound pressure level of noise shall not exceed the values given in Tables 1 and 2 in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association, Inc., New York (American Standard Specification for General Purpose Sound Level Meters S 1.4-1961 and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953).

    Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 11:00 p.m. and 7:00 a.m.

    Table 1
    Frequency Band (Cycles per second)	Sound Pressure Level Decibels*
    20—75	75
    75—150	70
    150—300	62
    300—600	55
    600—1200	49
    1200—2400	43
    2400—4800	37
    4800—10000	35

    Notes:

    *According to the following formula: Sound pressure level in decibels equals 10 log P/0.0002 dynes/sq. cm.

    If the noise is not smooth and continuous or is not radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 below shall be added to or subtracted from each of the decibel levels given above in Table 1.

    Table 2
    Type of Operation or Character of Noise	Correction in Decibels
    Daytime operation 7:00 a.m. to 11:00 p.m.	plus 5
    Noise source operated less than 20% of any one-hour period	plus 5*
    Noise source operated less than 5% of any one-hour period	plus 10*
    Noise source operated less than 1% of any one-hour period	plus 15*
    Noise of impulsive character (hammering and so forth)	minus 5
    Noise of periodic character (hum, screech and so forth)	minus 5

    Notes:

    Apply one of these corrections only.

  • 2. Vibration. Industrial and commercial operations shall be measured at any property line by the inspector of buildings, the chief of police or his/her designee. In M-2 industrial districts, vibration shall be measured at the nearest industrial district boundary line.

    No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of thirty (30) seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any structure. The methods and equations of such Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.

  • 3. Smoke. Measurement shall be taken at the point of emission. The Ringlemann Smoke Chart published by the U.S. Bureau of Mines or Power's Micro-Ringlemann Chart, McGraw Hill Publishing Company, 1954, shall be used for the measurement of smoke. Gray smoke not darker than No. 1 on such charts may be emitted, except that gray smoke not darker than No. 2 on such charts may be emitted for periods not longer than four minutes in any thirty (30) minutes. These provisions shall apply also to smoke of a different color but of equivalent apparent opacity.
  • 4. Waste. In C-5, M-1 and M-2 districts, effluent from any plant which is discharged into the ground shall at times comply with the following standards:
    • a. Standards.

      Maximum 5-day biochemical oxygen demand	20 ppm
      Maximum total solids	5,000 ppm
      Maximum phenol	0.1 ppm

    • b. No untreated liquid or solid wastes shall be emptied into any stream, river, pond or other body of water. Treated water may be discharged only if treated by equipment approved by the director of public works.
    • c. A septic tank, tile field or other disposal place for any waste shall be located at least one hundred fifty (150) feet from the nearest point of any river, pond, swampy area or any district boundary of a residential or commercial district and one thousand (1,000) feet from any drinking water supply.
    • d. No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison or otherwise pollute any stream or watershed in any way.
  • 5. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. In C-5, M-1 and M-2 districts, measurement shall be taken at the point of emission. No emission shall be permitted which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling. In no event shall any emission be allowed of any liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to correct a stack temperature of five hundred (500) degrees Fahrenheit and to correct the assumption that fifty (50) percent excess air is present at the time of measurement and should be deducted from the measured volume before computing the grains per cubic foot to be compared with the standard.
  • 6. Gases and Fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the building inspector before being discharged into the atmosphere.
  • 7. Heat and Glare. Any industrial or commercial operation producing heat or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the nearest property line in any residential district. Exterior lights shall reflect light away from property in any residential district.
  • 8. Other Standards. Industrial hazardous waste management facility. A development site for a hazardous waste management facility shall not receive a building permit unless the building inspector shall have determined that all of the following conditions and standards have been met.
    • a. A development site for a hazardous waste management facility shall be located a minimum distance of one thousand two hundred (1,200) feet from the zoning district boundary line in M-1 and M-2 districts, where such districts are contiguous with a residential use or a residential district;
    • b. A development site for a hazardous waste management facility shall be located at least fifteen hundred (1,500) feet from centers for institutional population including hospitals, penal institutions, primary and secondary schools, colleges and universities and nursing homes. Said minimum distance shall be measured from property lines as shown on official maps in the Cranston Tax Assessor's office.
    • c. A development site for a hazardous waste management facility shall be located at least fifteen hundred (1,500) feet from a public recreational facility. Said minimum distance shall be measured from property lines, as shown on official maps in the Cranston Tax Assessor's office.
    • d. Hazardous waste management facilities shall be prohibited in environmentally sensitive areas. These areas include areas of steep slope, e.g., slopes of ten (10) percent or more; areas identified as freshwater wetlands; and areas of flood hazard districts as delineated within the 100-year flood zone of Section 17.16.010 of the Cranston Zoning Ordinance as codified in this title. The building inspector shall determine that a development site for a hazardous waste management facility shall be at least five hundred (500) feet from any pond, any major stream or river or any minor stream or river. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses and wetlands areas.
    • e. If a development site for hazardous waste management facility is located more than three miles from a full time municipal fire station; within proximity to a major food processing or dairy processing facility; or within proximity to a public drinking water source, including underground storage reservoirs and aqueducts, then the project developer shall submit a "project impact report" delineating the potential environmental impacts of the facility and further prove that there will be no significant risk to the public health, safety and welfare. The building inspector shall transmit the project impact report, together with any other pertinent information to the Cranston Industrial Performance Commission for review and approval. An approval from the industrial performance commission shall be incorporated into subsequent negotiations with the developer and the city, but shall not bind said negotiations nor ratification of any siting agreement by the city council.
    • f. The following regulations for an industrial hazardous waste management facility shall apply.

      Minimum Lot Area	200,000 sq. ft.
      Minimum Lot Width and Frontage	300 ft.
      Minimum Front Yard	50 ft.
      Minimum Rear Yard	50 ft.
      Minimum Side Yard	50 ft.
      Maximum Lot Coverage (%)	40%

(Prior code § 30-18(g); Ord. 2020-16, § 1, 5/26/2020; Ord. 2020-17, § 1, 5/26/2020; Ord. 2024-4, § 1, 2/26/2024)

• A. Permit Required. The removal of topsoil from any parcel of land in the city by any person shall be allowed only under permit from the zoning board of review. However, no permit shall be required wherein the amount of topsoil to be removed is necessarily incidental to or in connection with the construction, alteration, excavation or grading for a building or road or other facility involving a permanent change in the use of the land; provided, that there is reasonable assurance that the construction will be completed. Further, no permit shall be required where the area from which the topsoil is removed is less than two hundred (200) square feet and where the topsoil is not removed for sale.
• B. Location of Removal Areas. It shall be determined that topsoil removal is not seriously detrimental to the neighborhood. Removal operations shall not be performed closer than three hundred (300) feet to a public road or to any existing dwelling, school or park. No permit shall be issued for more than two years. Removal operations as a nonconforming use shall not be extended beyond the property lines of the particular parcels upon which such operations are in progress at the time of the adoption of this chapter.
• C. Treatment of Land After Removal. All areas from which topsoil has been removed shall be treated as follows:
  • 1. Edges of area shall be graded to meet existing ground elevations.
  • 2. Plant cover shall be seeded and maintained until well established.

  In issuing a permit, the board of review may impose other reasonable restrictions upon removal operations, such requirements in addition to those above shall be considered as conditions of the permit.

(Prior code § 30-18(h))

• A. Permit Required. The quarrying of stone, sand, gravel and subsoil shall be permitted only under permit from the zoning board of review. The board of review shall require the following:
  • 1. That at no time of year shall quarries be maintained at levels such that ground or surface water will accumulate; such areas shall be either filled or drained.
  • 2. That quarrying operations be performed not closer than fifty (50) feet to any public road or to any dwelling, school or park.
  • 3. That when quarrying is discontinued, earth shall be reshaped to reduce the disfigurement of the land. The maximum allowable slopes shall be one foot in two feet. These measures shall be taken progressively as the use of each part of an operating quarry is discontinued.
  • 4. That all timbers, structures and the like shall be removed when the operation is terminated.
  • 5. Whatever additional requirements it may deem necessary to accomplish the purposes herein stated. These requirements in addition to those above, shall be considered as conditions of the permit.
• B. Restrictions of Permit. No permit shall be valid for longer than one year. The extension of existing quarries as nonconforming uses shall be restricted to the property lines of the parcel upon which such operations are in progress at the time of the adoption of this chapter. Operations in existing quarries shall not be extended closer than fifty (50) feet to a public road, existing dwelling, park or school.

(Prior code § 30-18(i))

• A. Generally. Any gasoline service station, filling station, in any district shall conform at least to the following regulations. Where the intensity regulations for any district in which a gasoline service station is located are more restricting than the regulations contained hereinafter, all gasoline service stations or filling stations shall conform to the more restrictive dimensional requirements.
• B. Frontage and Area. Every gasoline service station shall have a minimum frontage of one hundred twenty (120) feet and a minimum area of twelve thousand (12,000) square feet.
• C. Setbacks. Every structure erected for use as a gasoline service station shall have a minimum setback from the street right of way of forty (40) feet and a minimum setback from all property lines of ten (10) feet. Pump islands shall be permitted in front yard and set back a minimum of fifteen (15) feet from all property lines.
• D. Construction Standards. All vehicle service areas shall be constructed to conform to the following standards:
  • 1. Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper, wheel guards or traffic islands. Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a curb at least six inches high.
  • 2. The entire area used for vehicle service shall be paved, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.
  • 3. Hydraulic hoist, pits, lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building. Tire and battery service and minor automobile repair, excluding automobile body repair and painting may be carried out within the premises.
  • 4. The maximum widths of all driveways at the sidewalk shall be thirty (30) feet.
  • 5. Minimum angle of driveway intersection with the street from the curb line to lot line shall be sixty (60) degrees.
  • 6. The distance of any driveway from any property line shall be at least twenty (20) feet.
  • 7. The distance between curb cuts shall be no less than forty (40) feet.
• E. Wall Next to Residential Use. A wall or evergreen screening offence five feet high shall be erected along all property lines abutting residential use.

(Prior code § 30-18(j))

• A. Generally. No person shall occupy a trailer for living or business purposes except as a temporary office incidental to construction on or development of the premises on which the trailer is located except within a trailer court as provided by this chapter. Trailer courts shall be located only in those districts as permitted in this title by special permit granted by the zoning board of review.
• B. Location. No house trailer or other vehicle shall be occupied outside of a trailer court excepting for a period not to exceed five days in the rear half of a lot placed so as to conform with yard requirements for accessory buildings in the district in which it is located.
• C. Permits and Fees. No trailer shall be located and no trailer court shall be established or operated until all permits and fees required by the ordinances of the city and all other requirements of the city have been complied with.
• D. Minimum Housing Standards. No trailer failing to meet the requirements of the chapter providing minimum standards for housing shall be occupied in the city for more than five days.
• E. Application for Trailer Court Special Use permit. Any applicant for a special use permit for a trailer court shall present detailed plans and specifications acceptable to the inspector of buildings and suitable for making determinations as required in this section as well as Section 17.04.070.

  The plans and specifications of the proposed court shall show its area, boundaries, locations of driveways, interior streets, sites for trailers, automobile parking, locations and kinds of all sanitary conveniences, methods of sewage and garbage disposal and plans for water supply and lighting.

• F. Inspection of Trailer Courts. Prior to the granting of an occupancy permit by the inspector of buildings, the director of health of the city shall inspect the trailer court and notify the inspector of buildings in writing if such premises complies with the regulations of the department of health concerning the operation of such premises. Upon receiving such notice, the inspector of buildings may issue an occupancy permit to the applicant; provided, such applicant has satisfied all other requirements as herein contained.
• G. Trailer Court Supervision. The trailer court shall be under the direct supervision of the holder of the permit who shall be responsible for its proper management. He or she shall require all persons residing in the court to register in a book kept for that purpose, giving their name, age, place of permanent residence, marital status and license number of their motor vehicle and trailer. Such registration book shall be made available at all times to the police for inspection.
• H. Trailer Court Utilities. Each trailer lot site shall be provided with suitable connections to a potable water supply system, sewage disposal system and an electrical distribution system.

  Whenever possible, these facilities shall be connected to the appropriate municipal facilities subject to the approval of the director of public works.

• I. Trailer Court Parking and Streets. Parking for residents and visitors shall be provided as required in Section 17.64.010, except that the required parking spaces shall be located within fifty (50) feet of the trailer lot site, notwithstanding any other provision of this chapter. Interior streets, parking spaces and walkways shall be provided with a paved and durable surface. The paved widths shall be at least twenty (20) feet for the interior streets and two feet for walkways.
• J. Trailer Court Recreation. Suitable communal recreation areas shall be provided in the court.
• K. Trailer Court Screening. Where any trailer court adjoins or abuts a lot or premises used for residential district, there shall be provided a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five feet maintained in a neat and attractive manner between the trailer court and said residential, educational, recreational or religious premises or residential district.
• L. Trailer Court Area Requirements.
  • 1. The site shall contain at least five acres and shall have no more than a maximum residential density of ten trailer lot sites per gross acre.
  • 2. The width of trailer sites shall be at least forty (40) feet; provided, however, that the trailer courts in existence on the effective date of this chapter, which provide trailer lot sites having a width or area less than forty (40) feet may continue to operate with sites of the existing width and area but in no event shall any trailer lot site be less than thirty (30) feet in width or have an area less than two thousand (2,000) square feet.
  • 3. Trailers shall be so harbored on each site that there shall be at least a twenty (20) foot clearance between trailers, provided, however, that with respect to trailers parked end to end, the end to end clearance may be less than twenty (20) feet, but shall not be less than fifteen (15) feet.
  • 4. Trailers shall not be located closer than twenty-five (25) feet from any building in the court or from any appropriate line bounding the court.

(Prior code § 30-18(k))

• A. Additional Performance Standards for Nursing Homes.
  • 1. Lot Size. Minimum lot size shall be five acres.
  • 2. Open Space. Minimum open space area on the parcel shall be forty (40) percent. This does not include the area used for parking lots or driveways. Paved or unpaved walkways may be included within the forty (40) percent open space area.
  • 3. Density. One bed per one thousand five hundred (1,500) square feet of gross lot area.
  • 4. Landscaping. Natural buffers shall be left undisturbed along side and rear property lines when possible. If no natural landscaping exists, a tight evergreen hedge having a height of no less than five feet shall be erected and maintained along the rear and side property lines.
  • 5. Lot Coverage. Maximum lot coverage for buildings only shall be:

    A-12 zone	20 percent
    B-1, B-2, C-1, C-2, C-3, C-4 and C-5 zones	25 percent

  • 6. Fencing. Where a nursing home property abuts property with existing buildings located closer than fifty (50) feet to the nursing home property line, a solid wall or fence of at least six feet high shall be installed along the abutting property line.
  • 7. Egress. In an A-12 zone, a nursing home must have a frontage of a minimum of seventy-five (75) feet on a state of Rhode Island highway.
• B. Additional Performance Standards for Congregate Retirement Living Facilities.
  • 1. Lot Size. Minimum lot size shall be five acres.
  • 2. Open Space. Minimum open space area on the parcel shall be forty (40) percent. This does not include the area used for parking lots or driveways. Paved or unpaved walkways may be included within the forty (40) percent open space area.
  • 3. Density. One dwelling unit per one thousand five hundred (1,500) square feet of gross lot area.
  • 4. Parking Lots. No parking shall be located closer than fifty (50) feet to any property line.
  • 5. Lot Coverage. Maximum lot coverage for buildings only shall be:

    A-12 zone	20 percent
    B-1, B-2, C-1, C-2, C-3, C-4 and C-5 zones	25 percent

  • 6. Landscaping. Natural buffers shall be undisturbed along side and rear property lines when possible. If no natural landscaping exists, a tight evergreen hedge having a height of no less than five feet shall be erected and maintained along the rear and side property lines.

(Prior code § 30-18(l))

• A. Permitted Residential Accessory Uses. Accessory uses, including private garages and private marinas in a residential district are permitted which:
  • 1. Are clearly incidental and subordinate to and customarily associated with the principal residential use;
  • 2. Are operated and maintained under the same ownership and on the same lot as the principal use;
  • 3. Do not include residential occupancy, except as an accessory dwelling unit conforming with Section 17.24.010;
  • 4. Specifically include but are not limited to the sale at retail of farm, garden or nursery products raised on the premises;
  • 5. Home occupations and professional home office or studio in accordance with Section 17.24.010.
• B. Location of Residential Accessory Building. A building accessory to a dwelling, including an attached or detached garage or carport, shall not be located in any required front or corner side yard, shall not be located within 10 feet of any rear lot line in A-80, A-20 and A-12 zoning districts and shall not be located within five feet of any rear lot line in A-8, A-6, B-1 and B-2 zoning districts. Accessory buildings may be located within a required side yard as follows:
  • 1. In residential district A-80 to within 15 feet of a side lot line;
  • 2. In residential district A-20 to within 10 feet of a side lot line;
  • 3. In residential district A-12 to within eight feet of a side lot line;
  • 4. In residential district A-8 to within five feet of a side lot line;
  • 5. In residential district A-6 to within five feet of a side lot line;
  • 6. In residential district B-1 to within five feet of a side lot line;
  • 7. In residential district B-2 to within five feet of a side lot line.
• C. Private Garages and Parking Spaces in Residential Districts. Any private garage or parking space in a residential district when used for boat or vehicle storage shall be occupied only by boats or vehicles owned and operated by the residents of the dwelling on the same lot except that one private garage may be occupied by the boat or vehicle of a nonresident owner.

  Vehicles other than passenger vehicles and school buses having a capacity of more than one ton or having three or more axles, shall be prohibited from being stored or garaged in residential districts.

• D. Swimming Pools. A private swimming pool is declared to be an accessory use in a residential district and shall conform to the appropriate side, front and rear yard requirements of the particular residential district in which it is located; provided, however, that any filter and pump shall be located not less than 15 feet from the side yard line.
• E. Open Space District Accessory Uses. Any single-family dwelling unit located on an undivided tract of land used for any purpose permitted within an S-1 district shall be considered an accessory use to the permitted use. It shall comply with intensity regulations provided for single-family dwellings in the A-80 district, as provided in Section 17.20.030 and the building accessory to such residential use shall comply with this section.
• F. Marinas. Marinas shall be considered as an accessory use. When no other use is associated with a marina, the principal use shall be considered to be a sales room for the display of vehicles, trailers, boats and machinery.
• G. Temporary Uses Permitted. A temporary building or yard for construction materials or equipment and a temporary office for the sale or rental of real property, if in connection with an incidental and necessary to a real estate development, shall be permitted in any district; provided, that any building permit issued for any such use shall be valid for not more than six months and may not be extended more than three consecutive times.
• H. Sheds. Sheds shall be considered accessory uses. Sheds may be free-standing or attached to another structure, containing no utilities except electricity. Sheds shall be one level, the maximum area being 192 square feet, with no dimension greater than 16 feet.

  Accessory Buildings and Structures Setbacks
  Zoning District	Maximum Lot Coverage (%)*	Minimum Side Yard Setback (ft.)	Minimum Rear Yard Setback (ft.)
  S-1, A-80	10%	15	10
  A-20	20%	10	10
  A-12	30%	8	10
  A-8	30%	5	5
  A-6	30%	5	5
  B-1	35%	5	5
  B-2	35%	5	5
  B-2 (multi-family)	50%	5	5

  *	Maximum lot coverage includes primary and accessory buildings. Uncovered structures such as pools and decks are not included.

  Septic System Minimum Setbacks
  	General Building Sewer, Grease Tank, Distribution Box, Pump Tank, Septic Tank, Septic Tank Effluent Pipe (ft.)	Leach-field (ft.)
  Swimming Pools
  In-Ground:	10	25
  Above Ground:	10	10

(Prior code § 30-18(m); Ord. 2026-2, 1/20/2026)

• A. Applicability. No land shall be used or occupied and no structure shall be erected or used unless the off-street parking spaces required herein are provided. Such parking spaces are not required for any structure or use existing at the time of enactment of this chapter; provided, however, that parking spaces as specified in this chapter shall be provided for any enlargement or alteration to any such existing structures or use.
• B. Location. The off-street parking spaces required by this chapter shall be on the same lot as the structure or use they are intended to serve. The zoning board of review may grant exceptions to allow provision of the required spaces on a separate lot or lots within a radius of two hundred (200) feet in C-1, C-2 and C-3 districts; and a radius of eight hundred (800) feet in C-5, M-l and M-2 districts, measured from the lot line of the principal use.
• C. Extension of Parking Across District Boundaries in Residential, Commercial and Industrial Districts. It is the intent of the zoning ordinance to encourage proper off-street parking areas so as to protect public safety, alleviate traffic congestion and encourage economic development that is in harmony with surrounding land use.

  The off-street parking, loading and unloading spaces may be provided for a conforming use in any commercial and industrial district on the same or adjoining parcel of land to a distance of two hundred (200) feet from the boundary of any such district in the manner provided in this section, including residential zoning districts or other commercial or industrial zoning districts.

  Any such extension into a residential zone shall have ingress and egress only via the lot(s) in the zoning district on which the conforming use is located and shall not substantially increase traffic in the adjoining zoning district.

• D. Continuation of Facilities. Required parking spaces associated with a permitted use shall not be reduced or encroached upon in any manner unless a change in the parking requirements of the associated permitted use occurs to permit a corresponding change in the area of the associated parking space.
• E. Off-Street Parking Facilities.
  • 1. Off-street parking facilities for the handicapped shall conform to the state of Rhode Island Building Code, as amended.
  • 2. A driveway of at least ten (10) feet by eighteen (18) feet shall be considered a parking space for a one family dwelling.
• F. Street Access.
  • 1. Each parking space shall have vehicular access to a street. Driveways, aisles and spaces in all multifamily, commercial and industrial developments shall be so arranged that vehicles will leave and enter the street with a forward motion.
  • 2. Curb openings shall conform to the following design standards:

    Residential Construction:
    Minimum Width	10 Feet
    Maximum Width	20 Feet
    Multi-Family, Commercial and Industrial Construction:
    Minimum Width	12 Feet
    Maximum Width	35 Feet

  • 3. Curb Openings at Corner Lots. On a corner lot, no curb opening shall be located closer than twenty-five (25) feet to the end of the radius curb.
• G. Parking Spaces Reserved for One Structure or Use. No part of an off-street parking area required for any building or use for the purposes of complying with the provisions of this section shall be included as part of an off-street parking area similarly required for another building or use; provided however, that where the zoning board of review finds that such required off-street parking will not be used simultaneously by more than one building or use, it may reduce the required parking space to an area adequate for the combined uses at the time when the parking area will be in greatest use.
• H. Construction Requirements.
  • 1. Every parcel of land which, after the effective date of this chapter is changed to a parking area for more than five vehicles or to a drive-in business or motor vehicle sales or service establishment or any parcel of land hereafter developed in a C-4 district, shall be developed as follows, subject to the approval of the plans thereof by the inspector of buildings.
  • 2. Such area, where subject to wheeled traffic shall be treated with bituminous or other all weather, hard surfacing and shall have appropriate bumper or wheel guards where needed.
  • 3. Where such area adjoins, faces or extends into a residential district in the rear or on the side of the principal building, a wall or fence or solid appearance or a tight evergreen hedge having a height of no less than five feet shall be erected and maintained between such area and the property in the residential district. No such wall, fence or hedge need be erected in or adjacent to any front yard or corner side yards.
  • 4. Any light used to illuminate such parking area shall be so arranged as to reflect light away from adjoining premises and streets.
• I. Off-Street Parking Space Requirements. The following numbers of amounts of off-street parking spaces or areas shall be required for the following uses:
  • 1. Accessory dwelling unit: one additional parking space.
  • 2. Bowling alleys: three spaces for every two alleys.
  • 3. Churches: one space for each 10 seats in main room or area in which services are held.
  • 4. Congregate retirement living facilities: one space for each two units, plus one for each employee.
  • 5. Dance halls and nightclubs, hall include all of the following three requirements.
    • a. One space per 25 square feet of dance floor area.
    • b. One space per three seats for tables and chair areas or one for every three persons based on the capacity as determined by the fire chief or designee, which ever is greater.
    • c. One space per three-fourths employees of the facility.
  • 6. Eating and drinking establishments: one space for each three seats provided for patron use.
  • 7. Funeral homes: one space for each company vehicle, plus one space for each three seats in meeting rooms.
  • 8. Game room: one space for every three amusement machines or devices or higher fraction thereof.
  • 9. Hospitals and sanitariums: one space for each two beds.
  • 10. Hotels, motels: one space for each room to rent.
  • 11. Marinas: where marinas are included as an accessory use, the parking spaces otherwise required shall be increased by one parking space for each boat mooring space in excess of five boat moorings.
  • 12. Medical or dental clinics: four spaces for each 1,000 square feet of floor area.
  • 13. Multi-family dwelling structures: for residential structures or groups of structures with three or more dwelling units, two spaces for each dwelling unit, excepting that for multi-family structures designed for the elderly, 90%t or more of whose units are to be occupied by persons at least 60 years of age, the number of parking spaces shall be one for each dwelling unit.
  • 14. Nursing homes: one space for each two beds.
  • 15. Offices: four spaces for each 1,000 square feet of floor area.
  • 16. Retail business and service establishments except eating and drinking establishments: one space for each 300 square feet of gross floor area of buildings or groups of buildings having a gross floor area of zero to 5,000 square feet, excluding basement storage area.

    One space for each 200 square feet of gross floor area of buildings or groups of buildings having a gross floor area greater than 5,000 square feet, excluding basement storage.

    Four spaces for each 1,000 square feet of gross floor area of buildings or groups of buildings located within a State Enterprise Zone having a gross floor area greater than 190,000 square feet, excluding basement storage.

  • 17. Schools: one space for each two employees, including teachers and administrators, but excluding members of religious orders, plus sufficient off-street space for safe and convenient loading and unloading of students.
  • 18. Detached and attached single and two-family dwellings: one space for each dwelling unit.
  • 19. Theaters, auditoriums, stadiums: one space for each four seats, plus one additional space for each two employees.
  • 20. Welfare institutions (asylums orphanages and so forth): one space for each doctor (staff or visiting) associated with the institution, plus additional spaces equal to three-fourths of the number of employees, plus such additional space for business and social visitors as shall be determined necessary by the inspector of buildings in light of the needs of the particular institution.
  • 21. Wholesale establishments, establishments processing for direct consumption and industrial district uses: one space for each employee-used vehicle or one space for each four employees employed at maximum employment, whichever is greater; plus space for every company owned and operated vehicle plus spaces for customers' vehicles as determined appropriate by the inspector of buildings.

(Prior code § 30-18(p); Ord. 2010-28, § 2, 9/27/2010; Ord. 2026-2, 1/20/2026)

• A. Applicability. No land shall be used or occupied and no structures shall be erected or used for nonresidential purposes in any use district unless the off-street loading spaces required herein are provided. Off-street loading spaces as specified in this chapter shall be provided for any enlargement or alteration to any such existing structure or use.
• B. Location. The off-street loading spaces required by this chapter shall in all cases be on the same or contiguous lot or parcel of land as the use or structure they are intended to serve. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements.
• C. Requirements.
  • 1. For each nonresidential use or structure in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space of at least three hundred (300) square feet in area shall be provided.
  • 2. For each nonresidential use or structure of over one thousand (1,000) square feet of gross floor or ground area in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space of at least four hundred fifty (450) square feet in area and having a minimum overhead clearance of at least fourteen (14) feet shall be provided.
  • 3. Additional off-street loading spaces shall be required by the inspector of buildings when necessary to provide adequate area for off-street loading. Detailed plans for off-street loading space provision and use may be required before the issuance of any building permit.

(Prior code § 30-18(q))

• A. Purposes. The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; enable the fair and consistent enforcement of these sign restrictions; and to develop bonuses tied to specific performance criteria, which will be used as incentives for achieving sign objectives.
• B. Applicability—Effect. A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this section.
  • 1. The effect of this section as more specifically set forth herein, is:
    • a. To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this section;
    • b. To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this section, but without a requirement for permits;
    • c. To prohibit all signs not expressly permitted by this section; and
    • d. To provide for the enforcement of the provisions of this section.
• C. Computations. The following principles shall control the computation of sign area and sign height.
  • 1. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
  • 2. Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces. When two identical sign faces are placed back to back, the sign area shall be computed by the measurement of two times the area of one face.
  • 3. Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:
    • a. Existing grade prior to construction; or
    • b. The newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.
  • 4. Computation of Maximum Total Permitted Sign Area for a Zone Lot. The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formula contained in subsection (Q) of this section. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building or wall area frontage on that street. In the case of abutting residential and commercial zones, commercial signs shall be oriented towards primary street frontage and directed away from abutting residential zones.
• D. Design, Construction and Maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:
  • 1. All signs shall comply with applicable provisions of Chapter 5 of the building code of the city and the Rhode Island State Building Code at all times.
  • 2. Except for banners, flags, any temporary/portable sign, including but not limited to; political, real estate and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.
  • 3. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this code.
• E. Master Signage Plan, Common Signage Plan and Existing Structure Plan. Proceeding subsections (D)(1), (2) and (3) describe criteria pertaining to the three types of plans. Recognizing that most of Cranston's signage plans come from existing structures, those owners who own consortiums of uses may voluntarily submit a common signage plan whereby twenty-five (25) percent additional sign area is granted.
  • 1. Master signage plan may be applied when newly constructed signs are to be erected on a single lot upon which one business is located.
  • 2. Common signage plan may be applied when newly constructed signs are to be erected where an individual or business or other consortium owns:
    • a. Two or more buildings or adjacent lots; or
    • b. Two or more business on a single zone lot of land. If the owner of two or more contiguous zone lots or the owner of a single lot with more than one building, files with the director a common signage plan conforming with the provisions of this section, a twenty-five (25) percent increase in the total sign area shall be allowed for each zone lot. This bonus shall be allocated within each zone lot as the owner(s) elects.
  • 3. Existing Structures. In the case of existing structures, site plans depicting total sign area, type, location and building elevation shall be submitted where the application meets one of the following criteria:
    • a. Building additions and/or expansions exceeding twenty-five (25) percent of existing floor space, unless no sign alterations are proposed;
    • b. Expansions of total sign area of site by more than twenty-five (25) percent;
    • c. Replacement of more than half of existing signage within a two-year time frame;
    • d. Business owners or tenants, whether individual or combined, proposing a change in fifty (50) percent or more of total sign area for an individual site shall be responsible for submitting a common signage plan.
  • 4. In cases where the above criteria are not applicable, the director, after reviewing signage plans, may issue a signage permit or request additional signage plans conforming with this section.
  • 5. Window Sign Area on Common and Master Signage Plans and Existing Structure Plans. Common signage, master signage or existing structure window signs shall be allocated up to fifty (50) percent of the total street-facing window area. Window signs include: paper affixed to window, painted, etched on glass or some other material hung inside window.
  • 6. Consent. When used, the master or common signage plan shall be signed by all owners or their authorized agents in such form as set forth by the director.
  • 7. Procedures. A master or common signage plan shall be included in any development plan, site plan, planned unit development plan or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.
  • 8. Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms with all requirements of the ordinance then in effect.
  • 9. Existing Signs Not Conforming to Master or Common Signage Plan. If any new or amended master or common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, immediately, all signs not conforming to the proposed amended plan or to the requirements of this ordinance in effect on the date of submission.
  • 10. Binding Effect. After approval of a master or common signage plan, no sign shall be erected, placed, painted or maintained, except in conformance with such plan and such plan may be enforced in the same way as any provision of this section.
• F. Signs in the Public Right-of-Way. "Public right-of-way" means the strip of land over which is built a public road which shall include the sidewalk adjacent thereto and the grassy area. No signs shall be allowed in the public right-of-way, except for the following:
  • 1. Permanent Signs. Permanent signs, including:
    • a. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;
    • b. Bus stop signs erected by a public transit company;
    • c. Informational signs of a public utility regarding its poles, lines, pipes or facilities; and
    • d. Awning, projecting and suspended signs projecting over a public right-of-way. The bond required by Article XIV, Section 1407 of the State Building Code relating to bonds for the erection of signs shall be in the amounts of one hundred thousand dollars ($100,000.00) and three hundred thousand dollars ($300,000.00) for personal injury and fifty thousand dollars ($50,000.00) property damage or a single limit of three hundred thousand dollars ($300,000.00).
  • 2. Emergency Signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.
  • 3. Penalties. Any sign installed or placed on public property, except in conformance with the requirements of this section shall be subject to the following penalties: for a first offense a fine of up to five hundred dollars ($500.00), for a second offense a fine from five hundred dollars ($500.00) to one thousand dollars ($1,000.00), and for a third or subsequent offense a fine of one thousand dollars ($1,000.00) and forfeiture of the sign.
  • 4. "Temporary/portable signs" means any and all signs that are not permanently affixed to any structure or building.
    • a. No temporary/portable sign shall be larger than three feet by three feet.
    • b. No person shall place or caused to be placed more than one temporary/portable sign, within fifty (50) feet of another temporary/portable sign on any public right-of-way as defined above.
  • 5. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder.
• G. Signs Prohibited Under This Section. All signs not expressly permitted under this section or exempt from regulation hereunder in accordance with the previous section are prohibited in the city.
• H. Political Signs. All political signs shall be removed no later than ten (10) days after an election.
• I. Temporary/Portable Sign Permits (Private Property). Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:
  • 1. Term. A temporary sign permit shall allow the use of temporary sign for a specified fifteen (15) day period.
  • 2. Number. Only two temporary sign permits shall be issued to the same business license holder on the same zone lot in any calendar year.
• J. Billboard Sign Permits. Billboard signs shall be allowed in M-1 and M-2 zoning districts subject to the requirements set forth in Sections 17.24.010(A)(l) and (2).
  • 1. M-1 Zone. Billboards in an M-1 zone are not to exceed twelve (12) feet in height and three hundred (300) square feet in surface area. Additionally, they shall not be within five hundred (500) feet of an abutting residential zoning district boundary, nor shall they be within five hundred (500) feet of an existing billboard.
  • 2. M-2 Zone. Billboards in an M-2 zone are not to exceed twenty-five (25) feet in height and five hundred (500) square feet in surface area. Additionally, they shall not be within five hundred (500) feet of an abutting residential zoning district boundary (with the exception of those areas immediately adjacent to limited access highways, i.e., Route 95,295, 10, P-37), nor shall they be within five hundred (500) feet of an existing billboard.
• K. General Permit Procedures. The following procedures shall govern the application for and issuance of, all sign permits under this section.
  • 1. Applications. All applications for sign permits of any kind and for approval of a master or common signage plan shall be submitted to the director on an application form or in accordance with application specifications published by the director.
  • 2. Fees. Each application for a sign permit or for approval of a master or common signage plan shall be accompanied by the applicable fees: master signage plan application fee, one hundred dollars ($100.00); common signage plan application fee, one hundred dollars ($100.00); sign permit, initial, including inspection, per zone lot, seventy-five dollars ($75.00); temporary sign permit fee (see Table 17.72.010(10), entitled "Fee Schedule").
  • 3. Individual Signs. Applications for any sign allowed under Sections 17.72.010(E)(1), (2) and (3) and shall be accompanied by the appropriate plans, (which shall also be reviewed by Cranston's site plan review committee) specifications and fees. Upon receiving the proper documents set forth and in compliance with this section, the director shall issue a signage permit whereupon the applicant may obtain a building permit.
  • 4. Action on Plan—Existing Structures. The director shall take action on the proposed plan within fourteen (14) days after the submission of a complete application.
  • 5. Action on Plan—New Construction. The director shall take action on the proposed plan on or before the date of final action on any related application for building permit, site plan or development plan. On or before such applicable date, the director shall either approve the proposed signage plan as shown or reject the proposed plan if itself fails in any way to conform with the requirements of this section. In case of a rejection, the director shall cite the pertinent sections of the ordinance with which the plan is inconsistent.
  • 6. Lapse of a Sign Permit. A sign permit shall lapse automatically if the business license for the premises lapses, is revoked or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of one hundred eighty (180) days or more and is not renewed within thirty (30) days of a notice from the city. Said signs shall be dismantled and removed by the property owner and shall not be reconstructed until both business activity resumes and a new permit application is filed with the director.
• L. Permits to Construct or Modify Signs. Signs identified in fee subsection (R) shall be erected, in-stalled or created only in accordance with a duly issued and valid sign construction permit from the director. Such permits shall be issued only in accordance with the following requirements and procedures.
  • 1. Perm it for New Sign or for Sign Modification. An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure and location of each particular sign, to the extent that such details are not contained on a master signage plan or common signage plan when in effect for the zone lot. One application and permit may include multiple signs on the same zone lot.
• M. Nonconforming Existing Signs, Permits and Terms. A change in the information on the face of an existing nonconforming sign is allowed. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any proposed change, repair or maintenance would constitute an expense greater than twenty-five (25) percent of the original value or replacement value of the sign, whichever is less.
• N. Violations. Any of the following shall be a violation of this section and shall be subject to the enforcement remedies and penalties provided by this section, by the zoning ordinance and by state law:
  • 1. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;
  • 2. To install, create, erect or maintain any sign requiring a permit without such a permit;
  • 3. To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this section.
• O. Enforcement and Remedies. Any violation or attempted violation of this section or of any condition or requirement adopted pursuant hereto may be restrained, connected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this section shall be considered a violation of the zoning ordinance of the city. The remedies of the city shall include the following:
  • 1. Issuing a stop-work order for any and all work on any signs on the same zone lot;
  • 2. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;
  • 3. Imposing any penalties that can be imposed directly by the city under the zoning ordinance;
  • 4. Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and
  • 5. In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available the city under the applicable provisions of the zoning ordinance and building code for such circumstances.
  • 6. The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance.
  • 7. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
• P. Schedule of Permitted Sign Types. The following tables enumerate the principal uses accepted by the city and identify the zoning districts and zone lots within which sign area, location, size, dimension, number, type and characteristics are permitted. Signs not shown on the zone table shall not be allowed in that specific zone represented by that table. All signs shall conform to the requirements set forth in the Cranston code Section 17.20.100, entitled "Corner visibility." Institutional uses are not regulated by zone type and can be found in Table 17.72.010(8), entitled "NS Institutional Uses."
  • 1. Total sign area shall not exceed the lesser of the following: eight square feet or ten (10) percent of total building area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. Signs in zone district A shall not impede the vertical rights of any public right-of-way. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(1) A and B-1: Residential, Single/Two-Family District
    Sign Type	Maximum Area (sq. ft.)	Maximum Height* (ft.)	Minimum Setback (ft.)	Minimum Vertical Clearance From Public Right-of-Way (ft.)
    Monument	6	4	2	NA
    Building Marker	6	8	NA	NA
    Identification	2	4	2	NA

    Notes:
    *	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

  • 2. Total sign area shall not exceed the lesser of the following: twenty-five (25) square feet or five percent of total building area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. Signs in zone district B-2 shall not extend over the public right-of-way. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(2) B-2: Residential, Multi-family District
    Sign Type	Maximum Area (sq. ft.)	Maximum Height* (ft.)	Minimum Setback (ft.)	Minimum Vertical Clearance From Public Right-of-Way (ft.)
    Monument	16	4	2	NA
    Building Marker	16	8	NA	NA
    Canopy	16	8	NA	NA
    Identification	6	4	2	NA
    Incidental	2	6	2	NA

    Notes:
    *	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

  • 3. Total sign area shall not exceed the lesser of the following: one hundred (100) square feet or twenty (20) percent of the street-facing facade wall area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(3) C-1 and C-2 Office/Neighborhood Business District
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	35	4	2	NA	NA
    Building Marker	25	10	NA	NA	NA
    Canopy	40	9	NA	9	12
    Incidental	2	6	5	NA	NA
    Window	< or = 50% of window area	NA	NA	NA	NA
    Wall	30	10	NA	NA	NA
    Projecting 3	20	18	NA	9	14
    Freestanding 1	25	12	5	NA	NA

    Notes:
    1	One freestanding sign shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
    3	Projecting sign area pertaining to projecting signs shall not exceed ten (10) square feet per side.

  • 4. Total sign area shall not exceed the lesser of the following: two hundred (200) square feet or twenty (20) percent of the total street-facing facade wall area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(4) C-3: General Business District
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	45	4	2	NA	NA
    Building Marker	45	10	NA	NA	NA
    Canopy	40	9	NA	9	12
    Marquee	25	9	NA	9	12
    Identification	10	6	5	NA	NA
    Window	< = 50% of window area	NA	NA	NA	NA
    Wall	30	10	NA	NA	NA
    Projecting 3	20	18	NA	9	14
    Incidental	4	6	5	NA	NA
    Freestanding 1	35	15	5	NA	NA
    Roof, Integral	35	(See definition)	NA	NA	NA

    Notes:
    1	One freestanding shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
    3	Projecting sign area pertaining to projecting signs shall not exceed ten (10) square feet per side.

  • 5. Total sign area shall not exceed the lesser of the following: three hundred (300) square feet or twenty (20) percent of the total street-facing facade wall area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(5) C-4: Highway Business District
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	45	4	2	NA	NA
    Building Marker	45	10	NA	NA	NA
    Canopy	40	9	NA	9	12
    Marquee	25	9	NA	9	12
    Identification	10	6	5	NA	NA
    Incidental	4	6	5	NA	NA
    Window	< or = 50% of window area	NA	NA	NA	NA
    Wall	30	10	NA	NA
    Projecting 3	20	18	NA	9	14
    Freestanding 1	50	15	5	NA	NA
    Roof, Integral	35	(See definition)	NA	NA	NA

    Notes:
    1	One freestanding sign shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
    3	Projecting sign area pertaining to projecting signs shall not exceed ten (I 0) square feet per side.

  • 6. Total sign area shall not exceed the lesser of the following: three hundred (300) square feet or twenty (20) percent of the total street-facing facade wall area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(6) C-5: Heavy Business, Industry
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	45	4	2	NA	NA
    Building Marker	45	10	NA	NA	NA
    Canopy	40	9	NA	9	12
    Marquee	25	9	NA	9	12
    Identification	10	6	5	NA	NA
    Suspended	4	12	5	9	12
    Incidental	4	6	5	NA	NA
    Window	< or = 50% of window area	NA	NA	NA	NA
    Wall	30	10	NA	NA	NA
    Projecting 3	20	18	NA	9	14
    Freestanding 1	50	15	5	NA	NA
    Roof	35	(See definition)
    Roof, Integral	35	(See definition)	NA	NA	NA

    Notes:
    1	One freestanding sign shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
    3	Projecting sign area pertaining to projecting signs shall not exceed ten (I 0) square feet per side.

  • 7. Total sign area shall not exceed the lesser of the following: three hundred (300) square feet or thirty (30) percent of the total street-facing facade wall area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(7) M-1 and M-2: Restricted/General Industry
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	50	4	2	NA	NA
    Building Marker	45	10	NA	NA	NA
    Canopy	40	9	NA	9	12
    Identification	10	6	5	NA	NA
    Wall	45	20	NA	NA	NA
    Window	< or = 50% of window area	NA	NA	NA	NA
    Projecting 3	20	18	NA	9	14
    Incidental	4	6	5	NA	NA
    Billboard (M-2) 5	500	25	NA	NA	NA
    Billboard (M-1) 4	300	12	NA	NA	NA
    Freestanding 1	50	15	5	NA	NA

    Notes:
    1	One freestanding sign shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
    3	Projecting sign area pertaining to projecting signs shall not exceed ten (10) square feet per side.
    4	Billboards in an M-1 zone shall not be within five hundred (500) feet of an abutting residential zone district boundary, nor shall they be within five hundred (500) feet of an existing billboard. (see Section 17.24.010 )
    5	Billboards in an M-2 zone shall not be within five hundred (500) feet of an abutting residential zoning district boundary (with the exception of those areas immediately adjacent to limited access highways. i.e., Route 95, 295, 37 and I0) nor shall they be within five hundred (500) feet of an existing billboard. (see Section 17.24.010 )

  • 8. Total sign area shall not exceed the lesser of the following one hundred (100) square feet or ten (10) percent of the total building area. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(8) INS: Institutional Uses
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.) 2	Minimum Setback (ft.)	Minimum Vertical Clearance From Sidewalk (ft.)	Minimum Vertical Clearance From Public Street (ft.)
    Monument	35	4	2	NA	NA
    Building Marker	25	10	NA	NA	NA
    Identification	10	6	5	NA	NA
    Wall	45	20	NA	NA	NA
    Window	< or = 50% of window area	NA	NA	NA	NA
    Projecting	10	18	NA	9	14
    Incidental	2	6	5	NA	NA
    Suspended	10	12	5	9	12
    Freestanding 1	50	15	5	NA	NA

    Notes:
    1	One freestanding sign shall be permitted per street frontage.
    2	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

  • 9. Total sign area shall not exceed the lesser of the following: eight square feet. All signs shall require a permit from the director of inspections. Total sign area shall be determined from the sum of all the signs on the zone lot. Signs in zone district A shall not impede the vertical rights of any public right-of­way. The maximum area of any individual sign shall be limited as follows:

    Table 17.72.010(9) S-1: Open Space
    Sign Type	Maximum Area (sq. ft.)	Maximum Height (ft.)*	Minimum Setback (ft.)	Minimum Vertical Clearance From Public Right-of-Way (ft.)
    Monument	6	4	2	NA
    Building Marker	6	8	NA	NA
    Identification	2	4	2	NA

    Notes:
    	One freestanding sign shall be permitted per street frontage.
    *	The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

• Q. The fees for sign permits and plans shall be:

  Table 17.72.010(10) Fee Schedule
  Master signage plan, application fee	$100.00
  Common signage plan, application fee	100.00
  Sign permit, initial, including inspection, per zone lot	100.00
  Temporary sign permit, private property, per sign:
  Banner less than eight square feet	$25.00 (1-15 days)
  Banner less than eight square feet	50.00 (16-30 days)
  Banner greater than eight square feet	50.00 (1-15 days)
  Banner greater than eight square feet	75.00 (16-30 days)
  All other temporary signs as defined in this section	50.00 (1-15 days)
  	100.00 (16-30 days)

(Prior code § 30-19(r); Ord. 03-52 § 1; Ord. 06-30 § 1; Ord. 06-55 § I)

• A. Applicability. No wireless communications equipment shall be erected or installed except in compliance with the provisions of this subsection. The provisions of this subsection apply to all wireless communications equipment, whether such equipment is used as a main use or as an accessory use. Where conflicts exist between this subsection and the remainder of this code, the provisions of this subsection shall govern.
• B. Application Conference. There shall be a biannual application conference at which cellular communication providers will meet with the planning director or his or her designee to discuss future potential tower site locations. These application conferences will also serve as an opportunity for the city to minimize the proliferation of cellular communication towers throughout the city by allowing telecommunication providers to set up co-location agreements between themselves and other telecommunication service providers. Unless otherwise noted and properly advertised, this biannual application conference shall take place in the months of January and July.
• C. Development Standards to Telecommunications Towers.
  • 1. Telecommunications towers shall be prohibited in any historic district except by a use variance from the zoning board of review as well as a certificate of appropriateness from the historic district commission.
  • 2. In addition to the standard requirements for submittal to the zoning board of review, applications for a use variance or a special use permit for telecommunications facilities shall be accompanied by the following information:
    • a. Site plans; and
    • b. Photographs of the site and surrounding area.
  • 3. The following standards shall apply to all applications:
    • a. A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.
    • b. City owned sites which are located in the prospective area and which could potentially accommodate the proposed antennae and communication towers shall be identified.
    • c. Communication towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or an historic district, the setback distance shall be one and one-half feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.
    • d. All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than twenty-five (25) feet. When located in or abutting a residential district or historic overlay district, the minimum distance shall be thirty-five (35) feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten (10) foot horizontal setback from any overhead utility line.
    • e. Communication equipment buildings and structures shall be considered accessory uses and comply with the following setbacks:
      • i. One hundred (100) square feet or less shall be set back from all property boundaries a minimum of fifteen (15) feet, unless located in or abutting a residential district or historic overlay district which shall require a minimum of twenty-five (25) feet.
      • ii. Greater than one hundred (100) square feet shall be set back from all property boundaries a minimum of twenty-five (25) feet unless located within or abutting a residential district or historic overlay district which shall require a minimum of thirty-five (35) feet.
    • f. Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Tower bases shall be completely screened from the adjacent properties and streets by plantings and appropriately camouflaged if required. Plantings shall be of such a height and density as to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the city's subdivision and land development regulations or as accepted by the director of planning. Screening shall not be less than five feet in width unless located in or abutting a residential district or historic overlay district which will require that it not be less than ten (10) feet in width. Screening may be waived by the zoning board on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty (30) days.
    • g. Communication towers shall be enclosed by a fence no less than eight feet in height or more than ten (10) feet in height from the finished grade. Access shall be through a locked gate. Communication towers in or abutting a residential district or historic overlay district shall have fencing comprised of wood or stone.
    • h. Finished Color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or painted a non-contrasting blue or gray finish or other color matching the natural surroundings.
    • i. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA) or by the city.
    • j. No signs shall be allowed on any communication tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the city.
    • k. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the zoning official who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to:
      • i. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or
      • ii. Dismantle and remove the tower.

      At the earlier of one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception and/or variance approval for the tower shall automatically expire.

    • l. Communication antennas not attached to a communication tower shall be permitted as an accessory use to any commercial, industrial, office, institutional or public utility structure, provided that:
      • i. The antennas are not higher than twenty-five (25) feet above the highest point of the structure;
      • ii. The antennas comply with applicable FCC and FAA regulations; and
      • iii. The antennas comply with all applicable zoning requirements and building codes, with the exception of the restriction pertaining to height limitations.
    • m. Co-Location of Communication Antennas. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, co-location of communication antennas by more than one carrier on existing or new communication towers shall take precedent over the construction of new single-use communication towers as follows:
      • i. Proposed communication antennas may and are encouraged to, co-locate onto existing communication towers. Provided such co-location is accomplished in a manner consistent with this subsection, then such colocations are permitted by right and new additional special exception approval shall not be required.
      • ii. Type of Construction. A communication tower which is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type as the existing communication tower.
      • iii. Height.
        • (A) An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty-five (25) feet over the towers existing height, to accommodate the co-location of additional communication antennas.
        • (B) The height change referred to in subsection (iii)(A) above may only occur one time per communication tower.
        • (C) The additional height referred to subsection (iii)(A) shall not require an additional distance separation as set forth in subsection (C)(3)(n). The communication tower's premodification height shall be used to calculate such distance separation.
      • iv. On-Site Location.
        • (A) A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on-site within fifty (50) feet of its existing location.
        • (B) After the communication tower is rebuilt to accommodate co-location, only one tower may remain on the site.
        • (C) A relocated on-site communication tower shall continue to be measured from the original tower location for the purposes of calculating separation distances between communication towers pursuant to subsection (C)(3)(n). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection (C)(3)(n).
        • (D) The on-site relocation of a communication tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection (C)(3)(n) shall only be permitted when notarized written consent is obtained from those affected residential property owners.
    • n. Communication towers shall comply with the following standards for the minimum separation distance from existing communication towers and/or communication towers that have received a valid special use permit, use permit or building permit.

      Minimum Separation Between Towers (By Tower Type)
      Proposed Tower Types	Self-Supporting or Guyed Less than 75' in Height	Self-Supporting or Guyed 75' in Height or Greater
      Self-Supporting	1 Mile	2.5 Miles
      Guyed	1 Mile	2.5 Miles

      • i. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.
      • ii. Separation distances shall be measured from the Global Positioning System location of the existing, approved or proposed communication tower. A certified survey showing the GPS location of the proposed communication tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with separation requirements.
      • iii. Towers which exist prior to the passage of this chapter are exempt from the separation distances aforementioned.
    • o. Allowed telecommunications towers shall specifically exclude monopole towers and shall specifically include lattice type and guyed wire towers.
    • p. Telecommunications facilities are allowed by right on municipally owned sites greater than ten (10) acres in size and which abut an interstate highway. Said allowance is subject to city planning commission review and approval.

(Prior code § 30-18(s))

• A. Adult entertainment uses shall be prohibited in all zoning districts in Cranston except in the industrial zones of the city and only upon the grant of a special use permit by the Cranston zoning board of review in accordance with Section 17.92.020 of the code of the city entitled "Special use permit." Additionally, such a special use permit shall not be granted unless each of the following standards have been met:
  • 1. The application for a special use permit pursuant to this subsection shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.
  • 2. All uses granted under this subsection shall not be located within:
    • a. Five hundred (500) feet from the nearest residential zoning district; or
    • b. One thousand five hundred (1,500) feet from the nearest house of worship, school, park, playground, play field, youth center, licensed day care center or other location where groups of minors regularly congregate; or
    • c. Two thousand (2,000) feet from the nearest adult entertainment establishment or sexually oriented business use as defined herein; or
    • d. Beyond that provided for in subsection (C) of this section provided that:
      • i. An application is made by the owner of such use to the zoning board of appeals at least one hundred twenty (120) days prior to the date on which such use must terminate;
      • ii. The board shall find in connection with such use that:
        • (A) The applicant had made, prior to the nonconformity substantial financial expenditures related to the nonconformity; and
        • (B) The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and
        • (C) The period for which such use may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity.

        For the purpose of this subsection, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult entertainment use, exclusive of the fair market value of the structure in which such use is located and exclusive of any improvements unrelated to the nonconforming adult entertainment use.

    • e. Two hundred (200) feet from any establishment having a liquor license granted by the city of Cranston or any other municipality.

    The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment establishment or sexually oriented business use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.

  • 3. All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
  • 4. No use shall be allowed to display for advertisement or other purposes any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any explicit figures or words concerning specified anatomical areas or sexual activities as defined herein.
  • 5. No use permitted under this section shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.
  • 6. No use permitted under this section shall be allowed within a building containing other retail, consumer or residential uses.
  • 7. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations of the code.
  • 8. No use permitted under this section shall be allowed to have any flashing lights visible from outside the establishment.
  • 9. No use permitted under this section shall be allowed a free-standing accessory sign.
  • 10. No use permitted under this section shall be established prior to submission and approval of a site plan by the zoning board of review with the technical advice of the city zoning official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
  • 11. All uses permitted under this section shall comply fully with all licensing requirements of the city, including but not limited to all business and entertainment license requirements.
  • 12. Any and all rubbish, boxes, containers, packages, trash, waste or other debris generated from the operation of such permitted adult entertainment business shall be disposed of in a manner which is discreet and invisible to passers-by. Furthermore, such debris shall be stored in a padlocked container until time of final disposal.
• B. Conditions. The Cranston zoning board of review may impose reasonable conditions, safeguards and imitations on time or use of any special use permit granted under this section and shall require that any such special use permit granted herein shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.
• C. Termination of Adult Establishments. In all districts, a nonconforming adult entertainment use shall terminate within one year from the effective date of this section or from such later date that the adult entertainment use becomes nonconforming (or change their operations to make them conforming), except that such establishment may be continued for a limited period of time by the zoning board of appeals pursuant to subsection (D) amortization of certain adult establishments of this section.
• D. Amortization of Certain Adult Establishments. The zoning board of appeals may permit any nonconforming adult entertainment use to continue for a limited period of time.

(Prior code § 30-18(t))

Editor's note: Former Chapter 17.84, which pertained to site plan review and derived from prior code § 30-18(u) and Ord. 05-26, was repealed 9/24/2012 by Ord. 2012-23.

Proposed developments (development) shall be subject to a development plan review (DPR) to assure that said developments occurs in a safe, orderly and harmonious manner. The purpose of this chapter is to:

• A. Ensure that a development, including use and design, is compatible with the surrounding area;
• B. Ensure that there are adequate public facilities to service a development;
• C. Promote safe traffic pedestrian and bicycle circulation;
• D. Preserve and protect natural, historical and cultural resources; scenic or unique vistas and environmental qualities;
• E. Provide open space and public access through landscape design;
• F. Require the treatment of erosion, stormwater runoff and pollution;
• G. Provide safe and efficient access and site circulation and adequate off-street parking and loading, emergency access, trash disposal, outdoor storage, signage and lighting;
• H. Require consistency with the city's comprehensive plan and compliance with the zoning ordinance (zoning) and other applicable ordinances of the municipal code (city code); and
• I. Identify issues to be addressed before a development proceeds to final design and engineering.

A DPR shall not be used to deny any use allowed by right as established by zoning.

(Ord. 2012-23, § 1, 9/24/2012)

The following activities shall be subject to the provisions of this chapter:

• A. A nonresidential development on a parcel not located in or within two hundred (200) feet of a residential zoning district (all A-zones and B-zones) which proposes:
  • 1. A new structure(s) having eight thousand (8,000) square feet or more or that requires twenty-five (25) or more off-street parking spaces;
  • 2. To increase a structure(s) by the lesser of twenty-five (25) percent or four thousand square feet provided that said structure(s) will have eight thousand (8,000) square feet or more after the increase or that requires the addition of seven or more off-street parking spaces;
• B. A nonresidential development on a parcel located in or within two hundred (200) feet of a residential zoning district which proposes:
  • 1. A new structure(s) having an area of five thousand (5,000) square feet or more or that requires fifteen (15) or more off-street parking spaces;
  • 2. To increase structure(s) by the lesser of five percent or one thousand five hundred (1,500) square feet provided that said structure(s) will have five thousand (5,000) square feet or more after the increase or that requires the addition of four or more off-street parking spaces.
• C. A multi-family development which proposes four or more dwelling units or any accessory structure of one thousand (1,000) square feet or more. Any increase in an existing development resulting in four or more dwelling units.
• D. A change in use provided that said change would in any three-year period:
  • 1. Involve lesser of twenty (20) percent or fifteen thousand (15,000) square feet;
  • 2. Require the addition of six or more off-street parking spaces;
  • 3. Employ different materials and/or processes than those associated with the existing use;
  • 4. Result in significant changes to traffic flow or volumes, landscaping or buffering, hours of operation, noise, effluent discharge, drainage or lighting.
• E. Any Development which proposes to include a drive-thru use.

(Ord. 2012-23, § 1, 9/24/2012)

The following activities shall be exempt from the provisions of this chapter:

• A. Construction or alteration of single/three-family dwellings including accessory structures;
• B. Modifications to existing nonresidential structures where there is no change in use or area;
• C. Subdivisions for single-family dwellings and residential planned districts.

(Ord. 2012-23, § 1, 9/24/2012)

A DPR committee (DPRC) shall consist of the directors of planning and public works, fire chief, inspector of buildings and public safety manager or their designees. The planning director shall serve as the DPRC chair and the planning department (department) shall coordinate the DPR process.

(Ord. 2012-23, § 1, 9/24/2012)

• A. Concept Meeting. Upon written request, the DPRC may meet with an applicant to review concept plans for a development. The DPRC shall not be bound by any comments made during said meeting.
• B. Pre-Application Meeting. Prior to filing for a DPR (application), an applicant shall meet with the department to determine what materials shall be submitted with an application. Within fourteen (14) days after the meeting, the department shall provide to an applicant a list of the plans and documents to be submitted.
• C. Application. An application shall be filed with the department in accordance with Section 17.84.110. At a minimum, it shall include all the items identified at the pre-application meeting. During its review, the DPRC may request any additional materials it deems necessary to render a decision.
• D. Certification. The department shall certify an application as complete or incomplete within ten (10) days after submission.
  • 1. For a complete application, the certification shall include date on which a DPR will be conducted.
  • 2. For an incomplete application, the certification shall identify the application's deficiencies. The application form and the site plan, as determined by staff, shall also be filed electronically and posted on the City's web site.
• E. Referrals. For a complete application, a copy of said application shall be forwarded to appropriate city departments, committees, commissions and boards for review and comment.
• F. Plan Review. For a complete application, the DPRC shall conduct a DPR at a public meeting. The mayor, city council and all owners of land (abutters) within two hundred (200) feet of the parcel being reviewed shall be informed of said meeting with abutters being informed by first class mail posted a minimum of seven days prior to the meeting. During a DPR, an applicant may submit corrections and additions. A DPR may be continued by vote of the DPRC.
• G. Decision. Within fourteen (14) days after the close of a public meeting, the PRC shall issue a written decision on an application unless the DPRC extends said timeframe an additional twenty (20) days by written notice to the applicant.
  • 1. A decision shall be by a majority vote of the DPRC.
  • 2. If an application is approved (approval), the DPRC may impose conditions or require modifications to a development in order to mitigate impacts and insure compliance with zoning and other city codes and regulations.
  • 3. If an application is denied, the DPRC shall make findings detailing the basis for denial.

(Ord. 2012-23, § 1, 9/24/2012)

An approval shall be granted if the DPRC finds a development meets the following standards:

• A. A Development complies with zoning and other city codes and regulations and is consistent with the comprehensive plan.
• B. Erosion is controlled in accordance with Chapter 15.28 "soil erosion and sedimentation control" of the city code so that erosion shall not impact abutting properties or public streets.
• C. Storm water runoff is treated using best management practices so that there shall be no increased runoff from a development. (All developments shall meet the standards set in the Rhode Island Stormwater Design and Installation Standards Manual as most recently amended.)
• D. Vehicular and pedestrian movement within and access to and egress from a development are safe and efficient and provisions are made for snow removal.
• E. Site improvements, utilities, infrastructure, streets, sidewalks, and parking areas will be constructed in compliance with the applicable city regulations and standards.
• F. The location, arrangement, appearance and quantity of off-street parking and loading are adequate to serve the development and comply with zoning.

Nothing herein shall prevent an applicant from seeking a variance or special permit from the ZBR.

(Ord. 2012-23, § 1, 9/24/2012)

Any revision required by an approval shall be incorporated onto a final plan (plan) and a mylar and two paper copies of said plan shall be submitted for endorsement by the DPRC within thirty (30) days of an approval. Prior to endorsement, an applicant shall comply with all applicable conditions set by an approval. The endorsed plan shall be incorporated into the approval by reference and made part thereof. The department shall file a record of the approval with the city clerk on behalf of the DPRC.

(Ord. 2012-23, § 1, 9/24/2012)

Activities authorized by a DPR shall be completed in conformity with the approval. Minor changes to the approval may be allowed by the inspector of buildings in consultation with the planning director. Changes deemed to be major shall be submitted to the DPRC for review and approval.

A change to the approval shall be major if:

(Ord. 2012-23, § 1, 9/24/2012)

An approval shall lapse after one year if construction has not begun. The one year period shall start on the date an approval is filed with the city clerk and shall not include such time required to pursue or await an appeal. Upon written request, the DPRC may extend an approval for a period not to exceed one year.

(Ord. 2012-23, § 1, 9/24/2012)

When a DPR is required, an approval shall be secured prior to:

• A. The issuance of a building permit;
• B. Consideration of an application for a preliminary plan approval by the city plan commission; or
• C. Consideration of an application for a variance or special permit by the zoning board of review (ZBR).

The decision and findings of the committee shall be considered by the ZBR and the plan commission in their deliberations on the matter before it.

(Ord. 2012-23, § 1, 9/24/2012)

• A. Submission Requirements Pre-Application Meeting.
  • 1. Existing conditions plan showing property boundaries, structures, streets, easements, natural resources, contours, wetlands and generalized drainage pattern;
  • 2. A proposed site plan showing in general terms site layout, building footprints, parking and site circulation, landscaping and drainage.
• B. Submission Requirements for DPR.
  • 1. A complete application for DPR shall include:
    • a. Six copies of the application including plans, plus one electronic copy;
    • b. A filing fee of five hundred dollars ($500.00) plus twenty dollars ($20.00) per acre for each full acre in the development;
    • c. Supporting documentation as determined in the pre-application meeting or required below;
    • d. Identification of all permits required from state or federal agencies prior to start of construction;
    • e. A municipal lien certificate showing that all taxes are current;
    • f. A list of the owners of all land within two hundred (200) feet of the perimeter of the parcel that is being reviewed and a set of stamped envelopes addressed to the abutters in the order which they appear on said list.

    Plans shall be prepared by a professional engineer (RPE) or surveyor (PLS), landscape architect or architect licensed in Rhode Island. Topographical and boundary surveys plans shall be stamped by a PLS. Engineering designs shall be stamped by a RPE. Plans shall be drawn to a scale that is appropriate to the size of the development.

  • 2. At a minimum, an application shall include a project narrative, plans and a drainage plan and report.

    The plans may include the following as appropriate:

    • a. A locus map referencing the development to the surrounding area, streets and zoning district boundaries within five hundred (500) feet.
    • b. Name of the development, north arrow, scale, assessor's plat and lot number, bench mark and datum, the dates of plans and revisions and signature blocks on all plans to be endorsed.
    • c. Name and address of the owner of record, applicant and professionals preparing the plan.
    • d. Assessor's plat and lot number and names of all owners of land abutting the development.
    • e. Zoning district boundaries and all the data necessary to show compliance with zoning.
    • f. Parcel area and boundaries; existing/proposed streets, lot lines, easements and public areas.
    • g. Distances to the nearest street intersections and fire hydrants measured along the ROW lines.
    • h. Existing/proposed grading at two-foot contours where slopes are less than fifteen (15) percent and at five-foot counters where slopes are fifteen (15) percent or more. Elevations shall be referenced to the city's datum.
    • i. Environmental features including soils, rock outcroppings, wooded areas, trees eight-inch caliper and above, watercourses, water bodies, wetlands, floodplains (showing base flood elevation).
    • j. Location, dimensions, GFA, floor plans and heights of existing/proposed buildings, equipment and other structures such as walls, fences, culverts and bridges. Buildings and structures to be removed shall be indicated by dashed lines.
    • k. Location of existing/proposed utilities including sewers, water, gas and electricity with pipe sizes, elevations, slopes and directions of flow.
    • l. Location, type and density of land uses that will be in the development.
    • m. Renderings as needed to illustrate the visual impact on abutting properties.
    • n. Signage including location, size, design and illumination.
    • o. Exterior lighting including type, location, intensity, shielding and times of operation.
    • p. Landscape plan including landscape materials, paving, lighting and street furniture. Said plan shall indicate the location, type and size of plantings at the time of planting and at maturity.
    • q. Site circulation showing access to and egress from the development; size and location of driveways and curb cuts; parking, loading and outdoor storage areas; dumpsters and any off-site traffic improvements necessary to ensure public safety.
    • r. Profile and cross-section of proposed streets and sidewalks showing utilities.
    • s. Such other information as may be required to show compliance with zoning.
  • 3. A drainage plan/report demonstrating that the development's stormwater management system will meet the standards set by the Rhode Island Stormwater Design and Installation Standards Manual as most recently amended. At a minimum said plan/report shall show the following:
    • a. Changes in land use and the routes that storm water will flow through the development.
    • b. Existing/proposed drainage structures, basins and channels. (Drainage structures shall comply with city specification and shall be approved by the city engineer.)
    • c. Drainage calculations demonstrating that the peak rates of storm water runoff leaving the post-development parcel will not exceed the pre-development conditions for the two-year, 10-year, 25-year and 100-year storm events. Said calculations shall be based on the rational method, SCS TR55 or other method approved by the city engineer.
      • i. The drainage system shall be designed to accommodate the 25-year storm event.
      • ii. Retention or detention basins shall be designed to accommodate a 100-year storm event.
    • d. A drainage plan showing tributary and downstream areas affected by run-off, soil types and surficial cover characteristics for both pre- and post-development conditions.
    • e. Design calculations to determine the size of all pipes, culverts and basins, sizing of the piping system shall be based on the rational method.
    • f. Results of percolation tests performed for any proposed retention/detention basin in order to determine the suitability of the subsurface conditions to accommodate said basin.
    • g. A maintenance plan which shall:
      • i. Identify all of the control measures that will be inspected and maintained;
      • ii. Provide an inspection schedule for each control measure;
      • iii. List typical maintenance procedures for each control measure;
      • iv. Describe steps to take if additional repair is required;
      • v. Provide forms and instructions for record keeping and notification to the city;
      • vi. List the names and personnel assigned to each task and the training needed to be able to do the job.

      An applicant carrying out maintenance activities under an approval, and all subsequent owners of lots on which said measures have been installed, shall adequately maintain said measures in accordance with the maintenance plan.

• C. Supporting Documentation.
  • 1. Impact Assessment (IA).
    • a. An IA shall be required for any development that proposes to construct:
      • i. Retail and/or office building(s) of one hundred thousand (100,000) square feet or more or that involves eight or more acres of land;
      • ii. Industrial building(s) one hundred fifty thousand (150,000) square feet or more or that involves fifteen (15) or more acres of land;
      • iii. Multi-family building(s) of one hundred (100) units or more. If a parcel of land which has been partially developed since January 1, 1966, the units resulting from said development shall be included in calculating the total number of units being developed.
    • b. The DPRC may determine that an IA as required above is not warranted. In making its determination, the DPRC shall identify the potential impacts that may be generated by a development and shall make findings as to why no further review is required.
    • c. For any development not meeting the criteria above, the DPRC may require an IA if it determines there is a reasonable expectation that a development will have a significant negative impact on a site or nearby properties or on the built or natural environment.
    • d. If an IA is required, the DPRC shall inform the applicant in writing of the need to submit said assessment and of the scope of work to be addressed.
      • i. The scope of work may include but not be limited to an assessment of the following impacts: fiscal, traffic, environmental, scenic, historic, use-compatibility, noise and similar such items.
      • ii. An IA shall be prepared by licensed or other appropriate professionals the names, education, disciplines and experience of whom shall be included in the report.
      • iii. An IA shall evaluate direct and indirect impacts created by a development, all measures required to mitigate any negative impacts that have been identified and the party responsible for implementing said mitigation.
      • iv. Where appropriate, an IA shall include a plan to monitor the impacts from a development and the success of any mitigation that may be required.
  • 2. Traffic Impact Study. If deemed necessary by the DPRC, a study of traffic conditions (both on- and off-site) shall be provided. Said traffic impact study may include, but not be limited to:
    • a. Analyses of the roadways and intersections that may be impacted by a development.
    • b. Existing volumes (both ADT and peak hour counts).
    • c. Safety issues (accident data, sight distance, roadway conditions, etc.).
    • d. Development generated and future traffic volumes (both ADT and peak hour projections).
    • e. Capacity analysis utilizing Transportation Research Board Special Report 209 or other document as specified by the city's traffic engineer.
    • f. Traffic improvements, if any, needed to mitigate impacts from a development.
    • g. *Consideration of bicycle and pedestrian routes.
  • 3. Open Space. If a development will include common or open spaces, the plans shall show the location and size of said spaces and identify the entity that will own and maintain said spaces.
  • 4. Easements, Deed Restrictions, Covenants. An application shall include a copy of covenants, deed restrictions or easements that currently exist or are proposed for the development.
  • 5. Maintenance. A maintenance plan shall be provided specifying that all private roads and other applicable facilities shall be maintained by the applicant or successors and assigns. At a minimum, said plan shall identify all of maintenance activities to be undertaken, the parties responsible for said activities, a schedule for each activity, and identify the records of maintenance to be kept.
  • 6. Monitoring. In order to insure compliance with any standard that may be set in an approval, periodic monitoring may be required during and after construction. If monitoring is required, the applicant shall provide the DPRC for review and approval a draft of a monitoring program and the identity of the entity that will undertake the monitoring. Monitoring shall be at the expense of the applicant. Copies of all monitoring reports shall be provided to the DPRC.

(Ord. 2012-23, § 1, 9/24/2012)

• A. Purpose. The purpose of this section is to promote effective site planning, design and landscaping so as to promote a high quality of development in the city:
  • 1. Improve the environment by providing open space, street trees and landscaping;
  • 2. Preserve the character and scale of neighborhoods by requiring a development to be compatible with the existing character of the area;
  • 3. Mitigate environmental, visual and other impacts by requiring adequate buffering;
  • 4. Promote safe and efficient pedestrian, bicycle and traffic circulation;
  • 5. Minimize noise, dust, pollution and glare that may be generated by a development;
  • 6. Provide for cooling of air and land through shading in order to offset radiational heating;
  • 7. Mitigate impacts from storm water runoff and surface water contamination and protect water quality;
  • 8. Maintain ground water, provide for erosion and flood control and for absorption of pollutants.
• B. Infill Development. A non-residential development on a parcel having less than two hundred (200) feet of frontage shall be considered an infill development. The design of said development shall take into consideration the front yard setbacks and heights of buildings on abutting properties.
• C. Landscape Standards.
  • 1. General Requirements.
    • a. Landscaping shall be provided as part of a development in order to preserve and enhance the identity of a development.
    • b. A minimum of fifteen (15) percent of a development's parcel shall be landscaped.
    • c. *Once a project complies with the minimum parking standards, then priority shall be given to meeting the landscaping standards above additional parking.
  • 2. Site Activities.
    • a. Topsoil Preservation:
      • i. To the extent practicable, the areas of a parcel to be disturbed shall be minimized.
      • ii. Disturbed areas shall be stabilized in a timely manner by seeding or planting landscaping materials.
      • iii. Topsoil moved during site work shall be stockpiled on site in designated areas that are stabilized to prevent erosion and reused in accordance with a landscape plan.
    • b. Removal of Debris. Organic material (including roots, stumps, brush, cleared or grubbed materials), rubbish and debris shall be disposed of off site in a timely manner. The reuse of organic materials may be allowed if said materials will not adversely affect plantings, natural areas or buildings.
    • c. Protection of Existing Plantings. Maximum effort shall be made to preserve existing vegetation on site (especially specimen trees).
      • i. If specimen trees are removed, they shall be replaced in kind in accordance with a landscape plan.
      • ii. No materials or temporary soil deposits shall be placed within the drip line of trees being retained.
      • iii. A physical barrier shall be installed around each plant or group of plants that are to remain. Said barrier shall be a minimum of four feet high, maintained until construction is completed and shall not be supported by the plants they are protecting.
    • d. Slopes. All cuts and fills, terraces and ROW embankments with slopes greater than 1:3 shall be landscaped so as to prevent erosion.
    • e. Additional Landscaping. All areas of the site not occupied by buildings or improvements shall be landscaped in accordance with an approved landscape plan.
  • 3. General Planting Requirements.
    • a. Only nursery-grown or suitable existing vegetation shall be used.
    • b. Vegetation shall be planted according to established horticultural standards.
    • c. Vegetation shall be hardy for climatic zones 6/7 and appropriate in terms of function and size.
    • d. Plant species which are native and require minimal watering and fertilization are recommended.
  • 4. Trees.
    • a. Species of trees may vary depending on overall effect desired as shown on a landscape plan.
    • b. One street tree shall be planted for every thirty-five (35) feet of frontage. Generally, street trees shall be of the same species except to achieve special effects. Trees may be spaced along the street at every thirty-five (35) feet at the rear of sidewalk or may be grouped in accordance with a landscape plan.
    • c. With the exception of ornamental trees, deciduous trees shall have at least a two and one-half-inch caliper at planting and a caliper of at least twelve (12) inches when fully mature.
    • d. Size of evergreens and shrubs may vary depending on setting and type of plant material.
  • 5. Maintenance.
    • a. The applicant shall be responsible for maintaining landscaped areas in a neat and attractive manner. Said areas shall be kept free of all debris, rubbish, weeds and tall grass.
    • b. The applicant shall be responsible for watering plantings on a regular basis. (The use of underground sprinkler or drip irrigation systems for landscaped areas is encouraged.)
    • c. The applicant shall remove and replace all dead or diseased plantings annually.
  • 6. Buffer Strips.
    • a. All developments shall provide an approved year-round buffer a minimum of eight feet in height, consisting of fencing, vegetation, berms, rocks, boulders, mounds or combinations thereof, to:
      • i. Shield abutting properties from negative impacts from a development;
      • ii. Shield a development from negative impacts from abutting properties;
      • iii. Minimize the impacts from storm water runoff and flooding.
    • b. Buffer Area Dimensions.
      • i. A minimum ten (10) feet wide landscaped strip shall be provided along property lines parallel to a street where parking or circulation areas abuts said street.
      • ii. A minimum five feet landscape strip shall be provided along side and rear property lines where parking and circulation areas are adjacent to abutting properties.
      • iii. Where a more intensive use abuts a less intensive use, a 25-foot wide buffer strip may be required. The width of said strip to be determined by the design and density of the buffer proposed.
    • c. Plantings shall provide maximum protection to abutting properties and avoid damage to existing plant materials. Earthen berms may be used in the buffer design, provided side slopes are adequately stabilized. Said berms may be used to calculate effective buffer height.
    • d. Plant materials shall be sized and planted so as to achieve a year-round effective buffer height of at least eight feet within three growing seasons.
    • e. Buildings, structures, parking or the storage of materials shall not be allowed within a buffer area.
  • 7. Parking Area Landscaping Requirements.
    • a. In addition to any required buffer strip, a minimum of ten (10) square feet of landscaped area shall be provided within a parking area for each parking space in said area.
    • b. A minimum of twenty (20) percent of a parking area shall be shaded by deciduous trees that shall have a crown (canopy) of thirty (30) feet at maturity. Said trees shall be surrounded by at least one hundred (100) square feet of unpaved area to provide for growth and protection from vehicles.
    • c. Each row of parking spaces shall be terminated by a landscaped island not less than six feet wide and twelve (12) feet long.
    • d. A continuous landscaped island not less than eight feet wide shall be provided between every four rows of parking spaces.
    • e. Landscaped areas shall be provided at appropriate locations in order to prevent long, uninterrupted rows of parking.
    • f. Landscaped islands shall be protected from encroachment by motor vehicles by a continuous raised curb. (Vehicles shall be presumed to have an overhang of three and one-half feet.) Pedestrian paths may be incorporated within the landscaped islands provided a minimum dimension of four feet, exclusive of paved areas, is maintained.

(Ord. 2012-23, § 1, 9/24/2012)

• A. Parking Layout.
  • 1. Generally parking areas shall have the minimum required widths for drive aisles as described in the table below. The design of parking areas shall generally conform to ITE's "Guide for Parking Facility Location and Design, 1990" as amended. The city's traffic engineer may require the dimensions of parking spaces and drive aisles to be adjusted if traffic and safety considerations so warrant.

    Required Widths of Drive Aisles
    Aisle Width	Parking Angle (in degrees) 0	Parking Angle (in degrees) 30	Parking Angle (in degrees) 45	Parking Angle (in degrees) 60	Parking Angle (in degrees) 90
    One-way traffic	13'	11'	15'	18'	24'
    Two-way traffic	20'	20'	21'	23'	24'

  • 2. Pedestrian and vehicular areas shall be designed to provide safe and efficient site circulation. Conflicts between pedestrian and vehicular traffic shall be minimized by providing physical and visual separation between pedestrian ways and drive aisles. Parking areas shall be ADA compliant.
  • 3. Parking aisles shall be a maximum of twenty (20) parking spaces in length which shall be separated with cross drive aisles.
  • 4. The placement of all directional and street level signage shall be reviewed and approved by the city's traffic engineer to ensure safe and efficient site circulation and adequate sight distances both in the public ROW and the development's parking area.
  • 5. No landscape materials shall be planted at curb cuts that will impair the line of sight at said cuts.
  • 6. A storage area shall be provided on site to accommodate snow removal from a six-inch snow storm.
  • 7. A six-inch curb or Cape Cod berm, designed to be compliant with the Rhode Island Stormwater Design and Installation Standards Manual, shall be installed around the perimeter of all parking to serve as wheel stops and protection. Where curbs are not installed adjacent to sidewalks, wheel stops shall be installed to prevent vehicles from encroaching into or onto said sidewalks.
• B. Reduction in Construction of Off-Street Parking.
  • 1. A reduction in the construction of the number of off-street parking spaces required by Chapter 17.64 may be granted as a condition of approval provided that the following criteria have been met:
    • a. The intent of this chapter and Chapter 17.64 shall be preserved.
    • b. The amount of off-street parking to be provided shall be sufficient to serve the development.
    • c. The decrease in required off-street parking shall be based on a parking study prepared by a RPE which addresses the following:
      • i. Size and type of uses or activities on site;
      • ii. Composition of tenancy on site;
      • iii. Rate of parking turnover;
      • iv. Peak traffic and parking loads to be encountered;
      • v. Local parking habits;
      • vi. Availability of public transportation.
  • 2. Should a reduction in the amount of required off-street parking to be constructed be allowed, the DPRC shall require that a portion of the site be reserved to construct said parking should it be needed. This reserved area shall not contribute towards the minimum landscape requirements as set in Section 17.84.140(C).
• C. The design and choice of paving materials used for parking areas shall consider function, climate, characteristics of users, availability, maintenance costs, glare, drainage, noise, appearance and compatibility with surroundings. Acceptable materials may include, but are not limited to concrete, brick, asphalt, asphalt pavers, cement pavers and stone.
• D. Walls and fences may be erected to provide privacy, screening, separation, security, erosion control or as required by the site conditions. The design and materials used shall be compatible with a development's design. No fence or wall shall be erected so as to create a hazard to traffic or safety.
• E. Street furniture, such as trash receptacles, benches and phone booths, shall be located and sized in accordance with proposed use and shall be similar in style, material and finish. Design and materials shall be compatible with a development's design.

(Ord. 2012-23, § 1, 9/24/2012)

A development's drainage system shall comply with Chapter 15.28 soil erosion and sedimentation control of the city code and the Rhode Island Storm Water Design and Installation Standards Manual as amended.

(Ord. 2012-23, § 1, 9/24/2012)

If a development will be completed in phases, a phasing plan shall be submitted indicating the start and end dates for each phase. Said development shall be designed and constructed to allow each phase to be completed in a manner which would not adversely affect the city if it is terminated at that point. Detailed plans shall be submitted each time a new phase of the development is submitted for approval.

(Ord. 2012-23, § 1, 9/24/2012)

• A. If the DPRC determines that the services of a consultant is needed to assist in its review of an application, the applicant shall be notified of said need and shall be required to pay any reasonable costs incurred.
• B. The DPRC shall make a good faith effort to follow the design and landscape standards required by this chapter. The DPRC may engage engineers, planners or other appropriate professionals. A consultant shall be selected on the basis of experience and qualifications, ability to complete the scope of work and cost. A written report of the consultant's review shall be provided to the DPRC and the applicant.
• C. Funds received pursuant to this section shall be deposited with the city treasurer who shall establish a special account for this purpose. Expenditures from said account may be made at the direction of the DPRC without further appropriation. Funds may only be spent for services rendered in connection with the application for which they were collected. At the completion of the DPR, any excess funds shall be refunded to the applicant and a final report on the status of the account shall be made.

(Ord. 2012-23, § 1, 9/24/2012)

A rejection of an application shall be considered an appealable decision in accordance with Chapter 17.116 appeals of zoning.

(Ord. 2012-23, § 1, 9/24/2012)

• A. The performance standards of this chapter shall be held to be the minimum and more stringent standards may be required to promote the public health, safety and welfare. If any requirements of this chapter conflict with other requirements of zoning, the city code or any applicable state or federal law or regulation the more restrictive requirements shall apply.
• B. The DPRC may modify or waive the design and landscape standards required by this chapter provided it finds in writing the modification or waiver is in the public interest, enhances site design and not inconsistent with the intent and purpose of this chapter.
• C. An approval shall not relieve an applicant of the requirement to comply with zoning or any other city code or with any applicable state or federal law or regulation.
• D. Any violation of the requirements of this chapter or of any conditions set by an approval shall be subject to enforcement under the provisions of section 17.04.080 violations of zoning.
• E. Severability: See Section 17.04.090 severability.

(Ord. 2012-23, § 1, 9/24/2012)

In accordance with the provisions of RIGL § 45-23-50.1 and § 45-24-46.4, the city plan commission is hereby authorized to review and approve variances and/or special-use permits for properties undergoing review as subdivisions or land-development projects. This process is to be known as unified development review (UDR).

(Ord. 2023-27, § 1, 12/19/2023)

• A. An applicant shall file with the city plan commission's administrative officer an application for variance(s) and/or special-use permit(s) along with an application for the following project categories:
  • 1. Minor Subdivision or Land Development Project. As part of the application materials for the preliminary plan stage of review, or if combined, the first stage of review.
  • 2. Development Plan Review. As part of the application materials for the preliminary plan stage of review.
  • 3. Major Subdivision or Land Development Project. As part of the application materials for the master plan stage of review, or if combined, the first stage of review.
• B. The administrative officer shall review the UDR application for completeness and for compliance with this section. The time period for the administrative officer to certify as complete or incomplete a UDR application shall be the same as the time period for certifying the accompanying application for a subdivision, development plan review, or land development project. The administrative officer's decision on a UDR application is appealable in the same manner as an appeal from any other decision of the administrative officer application.

(Ord. 2023-27, § 1, 12/19/2023)

• A. A public hearing on the application, including any variance and special-use permit requests shall be held prior to consideration of the preliminary plan by the city plan commission. Public notice of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation within the city. Notice shall be sent to the applicant and to each owner within 400 feet of the perimeter of the area included in the subdivision and/or land development project by first class mail, not less than 10 days prior to the date of the hearing. The sender of said notice shall provide a notarized affidavit of mailing to the administrative officer prior to the noticed public hearing. 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 application.
• B. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (1) the notice area extends into the adjacent municipality; or (2) the development site extends into the adjacent municipality; or (3) there is a potential for significant negative impact on the adjacent municipality.

  Notice of the public hearing shall be sent by first-class mail to the planning board of any municipality 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, located within 2,000 feet of the municipal boundaries.

  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 and/or surface watershed that is used, or is suitable for use, as a public water source, located within either the municipality or 2,000 of the municipal boundaries; provided, that a map survey has been filed with the building inspector as specified in RIGL § 45-24-53(f).

• C. The notice for the public hearing shall include the following information:
  • 1. The date, time, and place of the hearing;
  • 2. The street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths of a mile; and,
  • 3. The specific variance(s) to be considered for the subdivision and/or land development project.
• D. The administrative officer shall review the UDR application for completeness and for compliance with this section. The time period for the administrative officer to certify as complete or incomplete a UDR application shall be the same as the time period for certifying the accompanying application for a subdivision, development plan review, or land development project. The administrative officer's decision on a UDR application is appealable in the same manner as an appeal from any other decision of the administrative officer application.

(Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

• A. The city plan commission shall approve, approve with conditions, or deny the request(s) for variance(s) and/or special-use permit(s) before considering the project category application. Approval of the variance(s) and/or special-use permit(s) shall be conditioned upon approval of the final plan of the project category.
• B. The city plan commission shall address the same findings of fact required to be addressed by the zoning board of review and shall produce and record a written decision in the same manner as the zoning board of review.
• C. The time periods by which the city plan commission shall render a decision for variance(s) and/or special-use permit(s) shall be the same as the time periods by which the city plan commission shall render a decision on the applicable stage of review of the underlying type of project under review.

(Ord. 2023-27, § 1, 12/19/2023)

The expiration period of an approval on variance(s) and/or special-use permit(s) granted under this Section shall be the same as those set forth under the applicable project category.

(Ord. 2023-27, § 1, 12/19/2023)

Appeals from a decision granted under this section, including denials for requests for variance(s) and/or special-use permit(s) may be appealed in accordance with RIGL § 45-23-71.

(Ord. 2023-27, § 1, 12/19/2023)

• A. If any requirements of this chapter conflict with other requirements of zoning, the city code, or any applicable state or federal law or regulation, the more restrictive requirements shall apply.
• B. An approval shall not relieve an applicant of the requirement to comply with any other city code or with any applicable state or federal law or regulation.
• C. Any violation of the requirements of this chapter or of any condition(s) of approval shall be subject to enforcement under the provisions of Section 17.04.080 violations of zoning.
• D. Severability. See Section 17.04.090 severability.

(Ord. 2023-27, § 1, 12/19/2023)

• A. "Substandard Lots of Record" Defined. A "substandard lot of record" is a lot which does not satisfy one or more dimensional requirements set forth in Section 17.20.120, but which was shown on a plat or deed recorded prior to January 1, 1966 or an approved plat recorded after January 1, 1966 which has otherwise been legally created and which has not been altered to become more nonconforming since its creation, except by approval of the city plan commission.
• B. Lot Mergers.
  • 1. If two or more contiguous substandard unimproved or improved and unimproved lots of record are owned by the same person or entity as of January 1, 1966, or if one of any two abutting lots under common ownership by the same person or entity as of the same date is less than required for the district, such lots shall be considered to be combined and merged to form conforming lots, unless the lot meets the exemption as outlined in subsection B.3 below.
  • 2. In the event that there are multiple contiguous substandard lots of record with more than one way the lots could be merged, upon request of a zoning certificate, the zoning official shall determine which lots are merged. The determination shall be based upon factors including but not limited to the existing improvements on site, natural conditions, and/or the sum of the area and frontage of the substandard lots (those lots whose sum is closest to the minimum required in the underlying zoning district would be combined before lots with larger sums, all other conditions being equal).
  • 3. Lots having an area equal to or greater than 50% parcels within 200 feet of the lot need not be so combined, as confirmed by a compilation plan signed by a professional land surveyor and submitted to the zoning enforcement officer for confirmation through a request for a zoning certificate. Substandard lots of record that are merged shall be considered merged for the purposes of calculation of this provision. Non-buildable lots of record and lots with zoning designations other than the subject lot shall not be included in the calculation. Side corner lots and double frontage lots may qualify for this exemption by measuring from any of its available frontages, so long as that frontage becomes the primary front for the subsequent development of the lot. The zoning enforcement officer may require an applicant to submit proof of ownership, title and subdivision history of the subject lot and surrounding lots to make a proper determination.
• C. Where two or more lots are combined in accordance with this section, they may be regulated in accordance with Section 17.20.040, Conformance to district regulations required.
• D. Any substandard lot of record which is not merged to a contiguous substandard lot of record under common ownership to form a conforming lot shall be regulated in accordance with Section 17.20.040, Conformance to district regulations required.

(Prior code § 30-19; Ord. 2021-9, § 1, 5/24/2021; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

The nonconforming use of a building, structure or land lawfully existing at the time of the passage of this chapter, may be continued.

(Prior code § 30-20)

• A. Within Building. A nonconforming use of a building shall not be extended except into any portion of the building which was arranged or designed for such nonconforming use at the time of the passage of this chapter.
• B. On Land. A nonconforming use of land (where no building is involved) shall not be expanded or extended, except as specified in Section 17.44.010.

(Prior code § 30-21)

A nonconforming use shall not be changed to another nonconforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. Accessory uses to nonconforming uses are subject to the restrictions of the principal use.

(Prior code § 30-22)

A nonconforming building, excepting churches and other buildings used in connection with religious or educational activities, may not be reconstructed or structurally altered during its life unless such building is changed to a conforming use.

(Prior code § 30-23)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing wall, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building; provided, that the cubic content of the building as it existed at the time of passage of amendment of this chapter shall not be increased, churches and schools excepted.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Prior code § 30-24)

No building damaged by fire or other causes to the extent of 100% of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter, places of worship, schools and single-, two- and three-family dwellings are excepted from this provision.

(Prior code § 30-25; Ord. 2026-2, 1/20/2026)

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

(Prior code § 30-26)

Any nonconforming use illegally established prior to the enactment or subsequent amendment of this chapter shall not become legally established by virtue of such enactment or amendment.

(Prior code § 30-27)

• A. An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by such data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately transmit each application received to the zoning board of review and shall transmit a copy of each application to the planning commission for their review and recommendation.
• B. Applications for dimensional or use variances for properties undergoing review by the city plan commission as a land development or subdivision project pursuant to Chapter 17.86 shall be made through Unified Development Review process.
• C. In granting a variance, the zoning board of review 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 the 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 the zoning ordinance codified in this title or the comprehensive plan upon which the ordinance is based.
• D. The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
  • 1. In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning 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; and
  • 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, which shall mean that the relief sought is minimal to the reasonable enjoyment of the permitted use to which the proposed property is devoted. The fact that a use may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or the city plan commission under unified development review pursuant to RIGL §§ 45-24-46.4 and 45-23-50.1, shall have the power to grant dimensional variances where the use is permitted by special-use permit.
• E. In granting a variance relating exclusively to the construction of wireless service towers on sites located in historic districts, the zoning board of review shall consider all of the following criteria in addition to the other applicable criteria set forth in Sections 17.24.010 through 17.84.130.
  • 1. Evidence of the lack of space on suitable existing towers, buildings or other structures to co-locate the proposed antenna, cells, micro cells and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area;
  • 2. Whether the wireless service provider will be unable to provide wireless services without the tower site;
  • 3. Whether the application represents a request for multiple use of a tower or site or use on a site contiguous to an existing tower site;
  • 4. Whether the application contains a report that other potential uses of the site and tower have been contacted, and they have been contacted and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use;
  • 5. Whether the application shows how the tower or site will be designated or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading and coaxial cable capacity.
  • 6. Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character or property values, due either to location, shape of the tower (such as an imitation pine tree tower) or to the nature of surrounding uses (such as industrial use) or to lack of visibility caused by natural growth, landscaping or other factors.
  • 7. Anything in the "hardship clause" to the contrary not withstanding, for purposes of wireless service towers only, hardship sufficient for the granting of a variance shall include the effect upon the applicant's ability to provide wireless service.
  • 8. The applicant shall have the duty of presenting evidence relating to the criteria set forth herein.
• F. Any application submitted for a variance relating to the installation of signage that exceeds the maximum allowed area regulated by Section 17.72.010 signs; shall include as part of the submittal, an architectural elevation of the building drawn to scale with the proposed signage located on the building also correctly drawn to scale. Freestanding signs shall also be drawn to scale and accurately located on a scaled perspective drawing of the building and site. Photographs with superimposed photo shop images of the signs, or renderings with no scale, shall not be accepted in lieu of perspective drawings. Photographs of the site with superimposed photo shop images of the signs that are of an accurate scale, may be submitted in addition to the scaled perspective drawings.

(Prior code § 30-28; Ord. 2010-21, § 1, 7/26/2010; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)

An application for a special use permit may be made by any person, group, agency or corporation by filing an application with the secretary of the zoning board of review describing the request and supported by such data and evidence as may be required by the board or by the terms of this chapter. The zoning board of review shall transmit a copy of the application to the city planning commission for their review and recommendation.

• A. Applicability. The zoning board of review may grant a special use permit in accordance with the procedures and standards of this chapter for the following:
  • 1. Any use or structure designated as requiring a special use permit in Section 17.28.030 (Schedule of uses) or elsewhere in this chapter, subject to the following affirmative findings:
    • a. Within a residential district, that the proposed use is consistent with the residential use of the district;
    • b. Within an industrial district, that the factual evidence has demonstrated that the proposed use will predominantly serve the employees and visitors to the existing industrial uses within the district;
    • c. Within a commercial district, that the proposed use will substantially conform to the scale and context of the surrounding developments;
    • d. Within an open space district, that the building and uses of land will be so designed and located in relation to the property as to preserve an open or natural character in the district.
  • 2. Special Permits Power. The zoning board of review shall have the power in appropriate cases and subject to appropriate conditions and safeguards to issue special permits as authorized by this chapter in harmony with its general purpose and intent. In issuing such permits, the board shall determine that the use meets the following requirements:
    • a. It shall be compatible with its surroundings;
    • b. It shall not be injurious, obnoxious or offensive to the neighborhood;
    • c. It shall not hinder the future development of the city;
    • d. It shall promote the general welfare of the city; and
    • e. It shall be in conformance with the purposes and intent of the comprehensive plan.
  • 3. Special Permit Procedure. Uses permitted by special permit under Chapter 17.88 of this title shall be permitted only upon the issuance of a special use permit. Special use permits may be issued by the zoning board of review after a public hearing.

    No special permit shall be granted by the zoning board of review until the application or request has been referred to the city planning commission. The planning commission shall have thirty (30) days following such referral in which to express its opinion thereon. If within such period, the commission fails to express its opinion or make a recommendation, the application or request should be deemed to be recommended by the planning commission. The opinion and recommendation should be considered by, but shall not be binding upon, the zoning board of review.

  • 4. For the following specified use, the applicant shall have the duty of presenting evidence and the duty of presenting all studies and materials required herein as well as the additional burden of persuading the zoning board that the following specific requirements have been met:
    • a. For wireless service facilities the zoning board of review shall evaluate all of the following additional evidence, information and factors in determining whether or not to grant a special use permit.
      • i. That the applicant supply a definition of the area of service needs for coverage or capacity;
      • ii. That the applicant supply information showing the proposed facility would provide the needed coverage or capacity;
      • iii. That the applicant provide a map showing all sites (alternative sites) from which the needed coverage could also be provided, indicating the zoning for all such sites;
      • iv. That the applicant demonstrate that existing facilities cannot accommodate the proposed facility within the service area and that the applicant demonstrate that an existing public, community or institutional facility cannot accommodate the proposed facility within the service area;
      • v. That the applicant demonstrate that they cannot co-locate the facility within the service area;
      • vi. That the applicant demonstrate, by presenting technological evidence, that the facility must be located at the proposed site in order to satisfy the needs of the applicant's wireless service grid system;
      • vii. That the applicant shall allow other wireless service providers using similar technology to co-locate on;
      • viii. That the applicant demonstrate how the site will be designed to accommodate future multiple users;
      • ix. That the development of the proposed facility will preserve the pre-existing character of the surrounding buildings and land use as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding area; and
      • x. That the zoning board shall not regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

(Prior code § 30-29)

In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city, as codified in this title. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those 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:

• A. Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;
• B. Controlling the sequence of development, including when it must be commenced and completed;
• C. Controlling the duration of use or development and the time within which any temporary structure must be removed;
• D. Assuring satisfactory installation and maintenance of required public improvements;
• E. Designating the exact location and nature of development; and
• F. Establishing detailed records by submission of drawings, maps, plate or specifications.

(Prior code § 30-30)

Planned districts are intended to be established from time to time by amendments to this chapter consisting of appropriate changes in the boundaries of districts established by this chapter in such a manner as best to fit the general pattern of land use established by this chapter for the development of the city and to further the purposes set forth in Chapter 17.04.

Specifically, planned districts are intended to promote flexibility in site and building design and to facilitate a more economic arrangement of buildings, circulation systems, utilities and landscaping within a unified tract of land. This provision allows for the development of planned single use or multiple use projects and a redevelopment option in previously built areas of the city or as an option to standard subdivision development on unbuilt unified tracts of land.

(Prior code § 30-33(a))

"Final overall district plan (FODP)" means a site plan and supporting narrative required for approval of mixed use planned district rezoning application. This plan shall be submitted to the city council with the rezoning application.

"Mixed use planned district (MPD)" means a development undertaken by a single owner or group of owners and planned as a single entity, within which uses shall be multiple in nature and may include uses not otherwise permitted within the same zoning district. The mix and orientation of these uses are required to be compatible within the proposed development and also in relationship to the surrounding area.

"Preliminary overall district plan (PODP)" means a site plan required for approval of mixed use planned district rezoning application. This plan shall be submitted to the planning department at the time of pre-application conference and shall represent the general form and layout of the entire development proposal.

"Residential planned district (RPD)" means a residential development planned and designed as a single land use entitle within which deviation from the standard subdivision requirements results in a more efficient site design than would normally be allowed. In an RPD, residential development is permitted at higher density on part of a plat, when open space development is permitted at higher density on part of a plat, when open space is set aside within the plat, such that the average residential density in the plat does not exceed that allowed in the underlying zoning district.

(Prior code § 30-33(b))

Each planned district shall be designated as one of two types:

• A. Residential planned district (RPD); and
• B. Mixed-use planned district (MPD).

Such designation shall be made at the time of pre-application conference so to establish the applicant's land use intent.

(Prior code § 30-33(c))

• A. Utilization of an RPD is allowed by right in any residential zone district in the city subject to the requirements of Section 17.104.010 of this title.
• B. Utilization of an MPD requires a zoning district change and approval of the projects overall district plan by the city council.
• C. In circumstances where a proposed MPD or RPD will cross a municipal boundary, the city council for an MPD or the city planning commission for an RPD shall consider the entire plan as a single entity and may approve such plan conditioned upon favorable action taken by the neighboring municipality for identically submitted plans.

(Prior code § 30-33(d))

A tract of land to be developed as a planned district shall be under the legal control of:

• A. A single owner; or
• B. A group of landowners acting through a corporation, corporate partnership, trust or joint venture, where each owner agrees in writing to be bound by the conditions and regulations which will be effective within the district and to record such covenants, easements and other provisions with the city clerk.

A proposed MPD or RPD shall be considered incomplete if it does not include all contiguous land under the applicant's legal control as defined above.

(Prior code § 30-33(e))

All planned districts established under the provisions of this chapter shall be so designated and numbered in sequence on the official zoning map.

(Prior code § 30-33(f))

All planned district proposals shall demonstrate that there is a general public benefit to be gained by deviation from the requirements of the existing zoning classification. These benefits may include but are not limited to:

• A. Preservation of unique or sensitive natural areas or significant historic sites;
• B. Preservation of architecturally significant buildings;
• C. Ecologically sensitive building orientation, utility placement, roadway pattern and/or construction methods.

Should the city council, in reviewing an MPD or the planning commission in reviewing an RPD, conclude no general public benefit is to be gained in approving a particular application, they may reject said proposal.

(Prior code § 30-33(g))

Planned districts may be established on parcels of land suitable to such development and shall contain a minimum of five acres for exclusive residential use or ten (10) acres for mixed uses. However, the city council and planning commission may waive this requirement for MPDs and RPDs proposed for small parcels possessing unique natural or historical character, or which are part of a larger planned development proposed for a site spanning the municipal border.

(Prior code § 30-33(h))

All uses allowed by right or by special exception at the time of application within the city, provided that the mix and orientation of developments is approved by the city council subsequent to recommendation by the city planning commission.

(Prior code § 30-34(a))

The following shall be the minimum standards for all MPDs. Where deemed necessary, the city council may impose stricter standards in order to serve the objectives of this chapter.

• A. Frontage and Setbacks. Requirements for frontage and setbacks within the site shall be determined by the city council subsequent to planning commission recommendation with the following stipulation: The front yard requirements of the underlying zone shall apply where the boundary of the proposed MPD abuts an existing public street or any street intended to be dedicated to the city. These restrictions shall not apply to an existing public street where the developer can secure city approval to abandon said street prior to construction of the phase(s) or section(s) within which the street is located.
  • 1. Minimum Lot Requirements. An individual lot for each structure is not required, but may be provided at the developer's option. There is no minimum area requirement and lot boundaries may coincide with structure boundaries. If individual lots are provided, there shall be no requirement that the lot front on a street except as provided for above.
• B. Maximum Coverage. Maximum coverage for all MPDs shall be sixty (60) percent with the following exception:
  • 1. Areas designated on the final overall district plan for single-family dwelling units shall be limited to thirty-five (35) percent maximum lot coverage.
  • 2. Density shall be approved or rejected on the basis of intensity of uses expressed by floor area ratios (FAR). The relationship between uses and overall area ratio allowable shall be related to the character of the proposal and its impact on the surrounding environment and city facilities. The city council, subsequent to planning commission recommendation, shall have the right to impose density limitations. In all cases, the burden of proof shall be on the applicant to show that existing or proposed facilities can support the requested additional impact of the proposed development.
• C. Building Height. The height limitation of the underlying zone shall apply except:
  • 1. Where, based on the overall district plan and the existing surrounding development, the city council, subsequent to planning commission recommendation, deems the height limitation of the underlying zone either excessively or insufficiently restrictive. In such cases, the height limitation of the underlying zone may be waived or further restricted.
• D. Building Spacing. The minimum distance between buildings shall be twenty-five (25) feet except where the lot boundary coincides with the structural boundary, in which case, an approved firewall shall be provided. Single and two-family dwelling structures shall be exempt from this requirement.
• E. Drainage. All MPDs shall provide for the adequate drainage of all surface waters in accordance with Chapter 15.28 of the code. Any drainage facility shall conduct water to an approved location and in a manner approved by the director of public works.
• F. Buffers. All applications for MPD zoning shall show, on the site plan, a fifty (50) foot buffer strip at the perimeter of the property. Location of structures is prohibited in this area and landscaping is required with the following exceptions:
  • 1. Where the proposed land use is sufficiently similar to the surrounding land uses, the setback requirements set forth in Section 17.20.120 shall prevail. In such case, a fifty (50) foot buffer strip shall be provided on the site where this land use abuts another which is distinctly different.
  • 2. Where an existing building is located within fifty (50) feet of the property boundary, but is specifically planned for renovation and reuse in the ODP.
  • 3. Where a particular part of the property is planned for development conforming with the requirements of Section 17.20.120 including existing streets or streets which are planned to be deeded to the city upon completion.
  • 4. Where provision of a fifty (50) foot buffer would not further the goals of creating a harmonious and integrated development, the city council may, subsequent to planning commission recommendation, reduce or waive this requirement.
• G. Landscaping. Appropriate landscaping shall be provided in all MPDs. Wherever practicable preservation of the existing vegetation and such unique features as stone walls is encouraged. Additional screening for aesthetic purposes or noise reduction may also be required.
  • 1. Peripheral Buffer Areas. All peripheral buffer areas shall be landscaped by use of trees, shrubs, walls, berms or any other appropriate material to:
    • a. Adequately screen the MPD from adjacent or nearby developments, or
    • b. Enhance the visual aesthetics of the overall development.
  • 2. Parking Lots. Off-street parking areas of five thousand (5,000) square feet or more shall be landscaped in accordance with the following minimum requirements:
    • a. Trees. Shall be provided at the ends of each parking row and at one hundred fifty (150) foot intervals within each row. The minimum caliper of each tree shall be three inches with a minimum clear trunk of five feet to the first branch. All required trees shall be at least twelve (12) feet in overall height when planted. All required trees shall be thornless honey locust, pin oak or an approved equal of a deciduous variety. All planting areas containing trees shall be curbed and have a minimum width of four feet.
  • 3. Guarantee. The developer shall guarantee all introduced vegetation through one full winter and shall replace any and all plantings determined by the building inspector to be dead or irreversibly damaged.
• H. Parking and Loading. The off-street parking and loading requirements of Sections 17.64.010 and 17.68.010 shall apply with the following exception:
  • 1. Where the applicant can document differing parking schedules of two or more closely sited land uses, the city council, subsequent to planning commission recommendation, may relax the parking requirements in the MPD to allow for shared parking facilities among those uses shown to have most of their parking need at significantly different times of the day or week. In such cases, the parking requirement during the overlap hours must be satisfied.

    Parking areas must be located within reasonable proximity to the uses they are intended to serve.

(Prior code § 30-34(b))

The granting of approval of a mixed-use planned district constitutes two actions:

• A. An amendment to the zoning map which must comply with all provisions for rezoning set forth in Section 13.05 of the charter and Section 17.120.040 of the code as well as all other pertinent procedural and administrative city regulations.
• B. City council approval of the final overall district plan.

(Prior code § 30-34(c))

• A. Preapplication Conference. The applicant shall request that the city planning department arrange a pre-application conference with representatives of the planning department, building inspections office and city engineer's office prior to submission of a request for rezoning to MPD. The applicant shall submit a preliminary sketch or description of the MPD proposal at the time of the request for the preapplication conference. The city planning director may also notify other city departments or agencies deemed appropriate at the time, date and location of said conference. The purpose of the preapplication conference is for the applicant and city officials to review the preliminary overall district plan; its land use components, development phasing, unique features, public benefits, covenants, easements and potential impacts on the surrounding neighborhood areas. This conference shall be conducted as a work session with the main objective being refinement of the overall district plan. Within twenty-one (21) days after the conference, the city planning department shall provide the applicant with a written summary of the meeting, including recommendations designed to inform and assist the applicant in the preparation of the final overall district plan.
• B. Overall District Plan Contents. The applicant is required to present the preliminary overall district plan at the pre-application conference. General requirements of this plan are noted under Section 17.100.040(B)(l) below. General requirements of the final ODP plan include all items noted under Section 17.100.040(B)(l), (2) and (3) below.
  • 1. Site Plan. The applicant shall provide a proposed site plan for the entire development project, whether or not intended for phased construction, showing:
    • a. Name of project, name of owner, name of the engineer or surveyor, date, north point and scale. Recommended scale is forty (40) feet per inch. If it is more convenient to the developer, project plans may be drawn to the scales of ten (10), twenty (20), thirty (30), fifty (50), sixty (60), eighty (80) or one hundred (100) feet per inch;
    • b. Boundary lines;
    • c. Lots. Lot lines, approximate dimensions, approximate area and lot numbers;
    • d. Existing and Proposed Streets. Location, name and right-of-way widths for streets on entire tract and on abutting property; point of access to the MPDs parking and loading areas; and text defining proposed ownership of streets and parking areas;
    • e. Utilities. Location and size of existing water and sewer lines on plat and on adjacent property; proposed utility extensions; text defining ownership and maintenance plans.
    • f. Existing and Proposed Easements. Location, width and purpose;
    • g. Topography. Contours at intervals no greater than five feet; the planning director may require contours at intervals of two feet if conditions are such as to make such detail necessary;
    • h. Surface Water. The location of any lakes or ponds, watercourses or swamp areas and the proposed drainage pattern; if any portion of the proposed development is located within a flood hazard area as identified by the Federal Emergency Management Agency's "Flood Insurance Rate Map" and "Flood Boundary and Floodway Map", November, 1984, as may be amended, base flood elevation data shall be provided;
    • i. Subsurface Conditions. Except on a plat to be served by a public water or public sewer system, the location and results of percolation tests, ground water elevation determinations and statements of subsoil conditions shall be performed at the expense of the developer;
    • j. Other Conditions. The location of rock outcrop, wooded areas, existing structures, embankments or retaining walls, railroads, power lines and significant physical features on the plat and on adjacent land that may have an influence on the development of the plat;
    • k. Public Land. Parcels of land, if any, proposed to be dedicated for public use;
    • l. Zoning. Existing zoning on proposed plat and on all abutting properties;
    • m. Names and addresses of property owners within four hundred (400) feet of applicant's property boundaries;
    • n. Professional Registration. The stamp of a registered engineer or land surveyor. All ODPs and phase plans shall be prepared by a registered engineer or land surveyor.
    • o. Location and Orientation of All Structures and Their Proposed Uses. Said uses shall be identified in gross square footage of floor area for the following categories:
      • i. Commercial retail sales;
      • ii. Commercial office;
      • iii. Other commercial services; eating and drinking establishments, hotels, motels, banks, barber shops, beauty shops, tailors, health clubs, etc.;
      • iv. Heavy commercial/industrial;
      • v. Residential (residential uses shall be identified in gross square footage for multi-family developments and in gross acreage for single-family developments).
    • p. Proposed location and treatment of any public or private common areas or structures including open spaces, park or recreation areas. Applicant shall include a statement addressing long term maintenance of such areas.
    • q. The general treatment proposed for the periphery of the site, including the approximate amount, location and type of buffering and/or landscaping and lighting proposed.
    • r. The boundaries of each proposed construction phase or section, if appropriate.
  • 2. Statement of Purpose. The applicant shall provide a statement of how the purpose and intent of this chapter will be achieved by the proposed MPD possibly including additional graphics of the proposed character of the development, a description of how the MPD will relate to surrounding land uses and an analysis of the proposed development's impact on existing public facilities such as the roadway network, sewers, water facilities, school system, police and fire services.
  • 3. Narrative Outline. The applicant shall provide a narrative outline of the proposed MPD stating:
    • a. Land use allocation, by type in the following land use categories:
      • i. Commercial retail sales;
      • ii. Commercial office;
      • iii. Other commercial services; eating and drinking establishments, hotels, motels, banks, barber shops, beauty shops, tailors, health clubs, etc.;
      • iv. Heavy commercial/industrial;
      • v. Residential:
        • (A) Multi-family,
        • (B) Single-family,
    • b. A statement of how necessary services will be provided and whether said services will be publicly or privately owned and operated.
    • c. If the MPD is proposed for phased development, a description and timing plan for individual phases.
    • d. The beneficial aspects of the proposed site layout, including a description of any land proposed for open spaces, park or recreation areas.
• C. Rezoning. Following the preapplication conference, and subsequent to receipt of the planning department's recommendation report, the applicant may initiate the application phase for rezoning the subject property to MPD. The applicant shall submit the required documents for a zone change to the city clerk accompanied by a revised overall district plan, complete with graphic and narrative explanation of all alterations made subsequent to the preapplication conference. All standard procedures relative to zone change applications and hearings, as established and amended by the city council, shall be followed.
• D. City Council Action.
  • 1. Approval. City council approval of the MPD application shall carry with it approval of the FODP. This approval shall bind the developer to construction of the development in substantial conformance with the elements of the FODP. This approval shall not hereafter supersede the city's subdivision approval process as specified in Section 13.06 of the charter. Whether of not subdivision is necessary, the applicant shall submit proper applications and documentation for approval by the planning commission for every phase or section of the FODP, as they are proposed for development.
  • 2. Rejection. City council rejection of the MPD application shall be binding upon all facets of the application and ODP. All regulations and options relevant to a typical zone change rejection apply.
• E. Alterations Following MPD Approval. Subsequent to city council approval of the MPD, certain alterations to the FODP may be made without requiring further action by the city council. Such alterations may be authorized by the planning commission and shall be limited to those which may be defined as minor in nature. Such alterations shall result in little or no significant impact on surrounding properties or on the safe and efficient flow of traffic through nearby city roadways.
  • 1. Minor Alterations. For a proposed alteration to be deemed "minor" in nature, it shall meet one or more of the following conditions. The proposed alteration shall:
    • a. Alter the land use mix of the approved ODP by a cumulative total of less than ten (10) percent in any land use category defined in subsection (B)(l)(o) of this section.
    • b. Decrease the overall density of the ODP.
    • c. Allow minor reorientation of one or more points of vehicular access, the internal roadway network and/or the parking plan, made necessary due to actions taken by the city or state subsequent to the approval date of the FODP.
    • d. Allow minor changes in location, orientation and/or design of parking facilities, provided such changes do not decrease the total number of parking spaces.
    • e. Allow minor changes in building location made necessary by previously unforeseen natural conditions.
    • f. Allow changes in landscaping materials, lighting plan and siting of pedestrian and accessory facilities as made necessary by other approved alterations.
    • g. Allow other site design modifications which would not substantially alter the final character of the approved FODP.
  • 2. Major Alterations. Alterations which would substantially alter the final character of the approved FODP shall be deemed "major" alterations. Any proposal exceeding the limits identified in subsection (E)(1) of this section for minor alterations shall be considered a major alteration proposal. Additionally, any proposal requesting one or more of the following alterations to the ODP shall be considered a major alteration proposal.
    • a. Construction of additional structures for residential, commercial or industrial purposes;
    • b. Introduction of a land use type not approved in the FODP;
    • c. A change in land use type proposed for any structure directly adjacent to or abutting a residential structure;
    • d. Any excavation, filling or other alteration of the property' s natural systems not previously approved in the FODP;
    • e. Any addition or deletion of vehicular access points and parking areas or significant reorientation of the internal roadway network of the site;
    • f. Any change in the phasing plan of the ODP, including size, boundaries and timing of construction of one or more sections of the development.

    All such alterations shall be requested through the same procedure outlined herein for new projects. No major alteration shall be allowed without the approval of the city council.

(Prior code § 30-34(d))

Single-family dwellings, two-family dwellings, townhouses, residential accessory uses, uses permitted in open space and public lands, community centers, recreation facilities and associated structures designed for the sole use of the residents of the development.

(Prior code § 30-35(a))

• A. Location of Structures. Where any part of a single-family dwelling or two-family dwelling is proposed to be located within one hundred (100) feet of an abutting property boundary, such building shall be located so as to comply with the minimum yard dimensions for the underlying zoning district as contained in Section 17.20.120. No townhouse in an RPD shall be located within one hundred fifty (150) feet of an abutting property boundary. These requirements may be reduced at the planning commission's discretion where:
  • 1. The adjacent land is currently open space and likely to remain so, or
  • 2. The planning commission concludes that a substantial and lasting barrier exists which would serve as a buffer to the abutting properties. The buffer need not be buildable land as defined in these regulations.
• B. Minimum Size of Development: The tract of land proposed for an RPD shall have, in addition to the area requirements of subsection 17.96.100(h), the minimal capacity to support six dwelling units in accordance with the underlying zone district regulations.
• C. Maximum Number of Dwelling Units. The maximum number of dwelling units allowed in an RPD shall not exceed the amount computed using the following formula:

  The number of dwelling units permitted is equal to the gross area of tract-land unsuitable for development divided by the minimum lot size permitted in zoning district (Section 17.20.110).

  In no case shall the number of dwelling units permitted in the RPD exceed the number which would be permitted in the zoning district(s) in which the tract lies if developed in the conventional manner.

  • 1. Land unsuitable for development shall include:
    • a. Freshwater wetlands as defined in RIGL § 2-1-20, as amended. As relates to this article, the setback requirements of said title and chapter shall not be considered wetlands.
    • b. Existing water bodies.
    • c. Coastal wetlands, as defined by RIGL § 46-23-6.
    • d. Floodplain or flood hazard areas.
    • e. Streets, including all areas proposed for public and/or common vehicular access, whether or not intended to be dedicated to the city.
    • f. Land possessing other physical constraints, including, but not limited to areas with ledge outcrops, cemeteries, etc., which by their nature and severity would preclude conventional development.
    • g. Land within any easement on which utilities, including, but not limited to, electrical transmission and distribution lines, natural gas mains, oil pipelines, sewer mains and water mains are constructed and/or located.
    • h. Land with existing conservation easements.
• D. Townhouse criteria:
  • 1. Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than eight townhouses shall be contiguous.
  • 2. Each townhouse shall have on its own lot one yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or from neighboring property. Such yards shall not be used for off street parking, garages, driveways, leachfields or for any accessory building.
  • 3. The minimum distance between any two rows of townhouse buildings, substantially parallel to each other, shall be sixty (60) feet.
  • 4. The minimum distance between any two abutting ends of townhouse buildings in the same general plane or row shall be thirty (30) feet.
  • 5. A townhouse development shall not be permitted which by its design and/or location of structures could conflict with adjacent single-family residences.
• E. Minimum Lot Requirements. For RPD developments and/or sections of RPD developments proposed for single and two-family dwellings, the following minimum lot and frontage requirements shall supersede those set forth in Section 17.20.110 of this title.

  Zone District	Single-Family Dwellings Minimum Lot Area (sq. ft.)	Single-Family Dwellings Minimum Lot Frontage (feet)	Two-Family Dwellings Minimum Lot Area (sq. ft.)	Two-Family Dwellings Minimum Lot Frontage (feet)
  A-80	20,000	125	60,000	150
  A-20	10,000	80	15,000	100
  A-12	6,000	60	9,000	80
  A-8	4,000	50	6,000	60
  A-6	4,000	50	Not Allowed	Not Allowed
  B-1	4,000	50	6,000	60
  B-2	4,000	50	6,000	60

  Allowance for these minimum lot sizes shall not confer to the applicant any right to exceed the number of lots which would be permitted in the zoning district(s) in which the tract lies if developed in a conventional manner.

• F. Open Space. No less than twenty-five (25) percent of the total land area of a residential planned district shall be open space. This figure shall be computed by multiplying the applicant's total adjacent undeveloped land acreage by a factor of .25, exclusive of area covered by existing water bodies and streams. This open space shall not include building lots, street rights-of-way, or land possessing other physical constraints causing it to be unsuitable for residential development.
  • 1. At least one-half of the open space of twelve and one-half (12.5) percent of the total land area shall possess no significant constraints to development for active recreation.
  • 2. Provisions shall be made to insure that no more than twenty (20) percent of the open space shall be devoted to paved areas and permitted recreation related structures.
  • 3. Use of open space shall be subject to site plan review. All physical improvements proposed for the open space area of the project shall be included in the final subdivision plans.
  • 4. Minor alterations may be authorized by the planning director after planning commission approval, prior to recording of the plat. Minor alterations include:
    • a. Slight changes in location of physical improvements including accessory buildings, recreation facilities and walkways.
    • b. Slight changes in landscaping and lighting of common areas.
  • 5. All other alterations to the open space area of a final subdivision plan shall be considered major alterations and require approval of the planning commission. Major alterations include:
    • a. Relocation of roadways and drainage facilities.
    • b. Addition of new physical facilities.
    • c. Alterations to the natural features or systems.

    After conveyance of fifty-one (51) percent of lots, major alterations may be permitted by the planning commission with written concurrence of at least two-thirds of the homeowners association membership. No structure on the open space may be located within fifty (50) feet of a residence.

  • 6. Access areas to public open space shall be clearly marked.
  • 7. Open space may be in one or more parcels.
  • 8. Open space may be used for active recreation, passive recreation, buffers, conservation, agriculture, forestry, utilities and drainage facilities. Where utilities and drainage facilities are to be sited in the open space area, adequate access shall be provided so that they may be serviced by city maintenance vehicles, whether or not said facilities are intended to be dedicated to the city.
  • 9. Land which has been environmentally damaged prior to final approval shall not be accepted as common open space unless and until the land is returned to reasonable and appropriate condition, to effect the purpose of this chapter.
  • 10. Impact Fee Credit. Open space dedication, as required under this chapter, shall not be applied as a credit to the capital facilities development impact fee requirement of Section 15.04.020 of the code with the following exception:
    • a. Where by virtue of its location and size, the planning commission determines a particular parcel to possess significant public value, and the developer is willing to dedicate all or a significant portion of the open space acreage for public access and use, the planning commission may at its discretion waive all or part of the capital facilities development impact fee in return for said dedication.
• G. Streets. All streets in the RPD which are intended for dedication to the city shall be improved in accordance with specifications outlined in the "Subdivision and Development Regulations, 1989", as amended. Private roads intended for internal circulation and access shall be designed and constructed to support the weight and allow passage of city fire and rescue vehicles. Such roads shall be maintained to control overgrowth of vegetation and periodically resurfaced to maintain a safe and uniform driving surface.