Requirements for specific categories of special use

[Ord. No. 08-31, 10-7-2009; Ord. No. 13-01, § 1, 3-6-2013; amended 12-6-2023 by Ord. No. 23-26; 2-5-2025 by Ord. No. 24-26A; 9-3-2025 by Ord. No. 25-18; 11-19-2025 by Ord. No. 25-22A]

The following special uses are permitted upon approval by the board, in accordance with this article. Applications for special use permits must meet the specific and objective criteria specified herein as to each use:

(a) Adult Use - Books, Entertainment, Retail. The following criteria shall apply in addition to those pursuant to Article 8, Section 34.
- (1) No adult use shall not be located within 500 feet of any residential, agricultural or open space use or zoning district nor within 500 feet of a school, religious facility, public recreation facility, or day care center.
- (2) No adult use shall be located within 2,000 feet of any other adult use. Distance shall be measured from property line to property line along the shortest distance between property lines.
- (3) All windows, doors, openings, etc., for all adult uses shall be located, covered, screened or otherwise treated so that views of the interior of the establishment are not possible.
(b) Assisted Living Facility.
- (1) The applicant shall provide proof of state licensing.
- (2) The density shall be no more than one bed per each 2,000 square feet of gross acreage of the parcel on which it is located.
- (3) The assisted living units shall comprise no more than 15% of the total number of units.
(c) Auto Body Repair.
- (1) The minimum lot size shall be 20,000 square feet.
- (2) Buildings shall be set back at least 25 feet from the street right-of-way and at least 20 feet from any other property line.
- (3) The establishments shall be screened along interior side and rear lot lines with a solid wall or opaque fence, a minimum of four feet and a maximum of six feet in height.
- (4) All storage of all merchandise, auto parts and supplies and the repair, service and sales and/or leasing operations shall be performed within a fully-enclosed building.
- (5) No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.
- (6) Outside storage of vehicles intended to be repaired and/or serviced shall be limited to one vehicle for every 500 square feet of lot area.
- (7) No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.
- (8) If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on site with no run-off onto the public right-of-way.
- (9) Only waterborne base coat paints shall be used in the operation of the business.
- (10) Only dustless sanding systems shall be used in the operation of the business.
- (11) No variances may be granted relating to the dimensional requirements as stated in this subsection (c).
- (12) The site shall otherwise comply with landscaping requirements of the Land Development and Subdivision Regulations.
  Editor's Note: See Appendix A, Land Development and Subdivision Regulations.
(d) Auto Service and Gasoline Sales. Automobile service stations shall be permitted subject to Rhode Island Department of Environmental Management regulations and only when the following requirements are met.
- (1) Lot requirements:
  - a. Minimum lot size shall be 20,000 square feet.
  - b. Minimum lot depth shall be 100 feet.
  - c. Minimum lot width and frontage shall be 100 feet.
- (2) Requirements for service station buildings:
  - a. Minimum setback from all street lines shall be 40 feet.
  - b. Minimum setback from all interior lot lines shall be 20 feet.
- (3) Requirements for driveways:
  - a. Minimum distance between access driveways shall be 20 feet.
  - b. Maximum width for curb cuts shall be 25 feet.
  - c. For a corner lot, curb cuts are restricted to one curb cut for every 50 feet of street frontage.
- (4) Requirements for other structures:
  - a. Minimum distance between pump islands, compressed air connections and similar equipment and any street or property lines shall be 20 feet.
  - b. Minimum distance between the canopy and the street line shall be 12 feet.
  - c. Minimum distance between any canopy and any interior lot line shall be 20 feet.
- (5) Requirements for underground tanks:
  - a. Maximum storage capacity for petroleum products shall be 42,000 gallons.
  - b. Minimum separation distance required between underground tanks, adjoining buildings and property lines should be 10 feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.
- (6) Requirements for repairing and washing vehicles.
  - a. Repairing shall be limited to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune-ups and similar type work, and must be conducted wholly within a fully-enclosed building.
  - b. Repair work shall not include any bodywork.
  - c. No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises. This standard does not apply to vehicles under repair and/or service.
  - d. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a fully-enclosed building.
  - e. No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.
  - f. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on site with no run-off onto the public right-of-way. All outdoor activities shall be screened from adjoining A and R zones by a four-foot-high compact evergreen screen or tight board fence.
- (7) Vehicle services establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of four feet and a maximum of six feet in height.
- (8) The site shall otherwise comply with landscaping requirements of these Regulations.
- (9) Outside storage of vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.
- (10) Electric vehicle charging stations may be included as an accessory use to a gas station but may not be counted toward parking requirements.
(e) Car Wash.
- (1) Car wash facilities shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of four feet and a maximum of six feet in height. One shrub, a minimum of three feet in height at time of planting, shall be planted linearly every three feet on center along such fence or wall.
- (2) When a car wash facility abuts a residential, agricultural, or open space use or zoning district, the facility shall adhere to the buffer requirements in this appendix.
- (3) When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment to a maximum of 80 decibels.
- (4) Trash receptacles shall be placed near all vacuum stations as applicable and at the entrance to the car wash entrance.
- (5) Outside storage of vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.
(f) Communications and Utilities.
- (1) The property shall be completely enclosed along all lot lines by an opaque fence a minimum of four feet and a maximum of six feet in height, including ingress and egress. Where buildings are proposed, they should be located along the street frontage, meeting setback requirements. Otherwise, screening the operation from the street, which may include fences, tall vegetation, or walls along the front, is required.
- (2) Where the use abuts a residential use or zoning district, the fence shall be set back a minimum of 20 feet from each such lot line abutting a residential use or zoning district.
(g) Communication Towers. It is the intent of this section to encourage, where appropriate, the location of antennae on existing structures, as well as the joint use (co-location) of new and existing towers with the goal of minimizing the number of poles while providing for "seamless" or complete coverage. It is also the intent of this section to facilitate the use of public property and structures for the siting of towers and antennae.
- (1) The application shall also include a narrative report and supplemental information which contains the following:
  - a. An explanation of the technical, economic and other reasons for the design and placement of the tower, including its area of coverage.
  - b. An inventory of existing towers, or sites approved for towers, that are within the jurisdiction of the Town or within one mile of the Town's border thereof, including specific information about the location, height and design of each tower, and its area of coverage.
  - c. A certification of structural integrity from a professional engineer registered by the State of Rhode Island.
  - d. Evidence that the applicant has made all reasonable efforts to utilize existing substantial structures for cellular antennae and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage.
  - e. An explanation of how the site will be designed to co-locate future carriers and how many carriers can be technically accommodated, as well as a statement that if the site can physically support co-location and the additional carrier is willing to sign a commercially reasonable lease, it shall be allowed to co-locate.
- (2) The applicant shall also submit a surety of an amount equal to the cost of removal of the tower and all ancillary equipment in the event that use of the tower is discontinued. The surety amount shall be approved by the permitting authority in consultation with the Public Works Director.
- (3) Public safety requirements. At the time of application for any communication tower, space shall be made available on the tower for Town police, fire, rescue and public works communication needs related to public safety, health and welfare, at no cost to the Town. The communication tower owner and wireless service carriers shall assist the Town, when deemed necessary, in the enhancement of existing public safety communication systems by providing for the acquisition and installation of related equipment.
- (4) Development standards. The following shall be specifically applied to all communication towers:
  - a. Whether erected on an existing building or erected as a separate structure, the tower shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical.
  - b. No freestanding communications tower shall exceed 150 feet in height.
  - c. The distance between the base of the tower or pole and any parcel boundary shall not be less than one foot distance for every one foot of tower height, plus an additional 15% of the total height of the tower added to the lineal distance from the property boundary.
  - d. Removal of on-site vegetation and changes to existing topography shall be minimized.
  - e. Towers shall be enclosed by a protective fence not less than eight feet nor more than 10 feet in height from the natural grade.
  - f. Appropriate screening, including use of trees and other vegetation, shall be installed at all tower sites to screen views from adjacent properties and streets.
  - g. Towers shall be neutral in appearance, and related structures shall blend in with the surrounding environment through the use of appropriate design, materials and colors.
  - h. No tower shall be artificially lighted except as required by the Federal Aviation Commission.
  - i. There shall be a minimum setback of 50 feet from any residential property line and, where the use is a freestanding tower, a minimum of 50 feet at least as far back from lot lines as the height of the structure.
- (5) Site and coverage consideration.
  - a. Town owned sites or facilities that are located in the prospective coverage area which could potentially accommodate the proposed tower or antennae shall be considered first and given priority for location of said tower or antennae.
  - b. When considering an application for a communication tower. The permitting authority shall evaluate the context of the site under consideration, including the underlying zoning, uses of the property, uses and activities on adjoining properties, maximization of co-location on the proposed facility and compatibility of the proposed tower/facility with the area in which it is located.
  - c. No new communications tower shall be erected within the unobstructed service range of an existing tower or where telecommunications coverage is otherwise provided.
  - d. Evidence that the area of Town to be serviced by the tower already has complete telecommunications coverage can be grounds for denial of the special use permit.
  - e. Abandonment of communication towers. Any communication tower that has not been used for a period of one year shall be considered to be abandoned and it and all ancillary equipment shall be dismantled and removed at the owner's expense. The owner of such facility shall have 90 days from the receipt of notice from the Building Official to complete removal. Failure shall be considered a violation of this appendix and subject to the penalties and enforcement actions contained in AA 17-5.
(h) Contract Construction Service, Including Outdoor Storage.
- (1) The outdoor storage area shall be screened with a solid fence or wall, a minimum of four feet and a maximum of six feet in height. One shrub, a minimum of three feet in height at time of planting, shall be planted linearly every three feet on center along the outside of such fence or wall.
- (2) Where the use abuts a residential, agricultural or open space use or zoning district, the property shall adhere to the buffer requirements in this appendix.
(i) Day Care Center.
- (1) The applicant shall provide proof of state licensing.
- (2) There shall be a designated pick up and drop off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces or extend into the street.
- (3) The parking plan shall provide safe pedestrian circulation with clearly marked crosswalks from each parking area to the building entrance(s).
- (4) Minimum lot size shall be 30,000 square feet.
- (5) Building and outside play area setbacks in residential zones:
  - a. Minimum setback from all street lines shall be 40 feet.
  - b. Minimum setback from all side lot lines shall be 20 feet.
  - c. Minimum setback from rear lot lines shall be 30 feet.
- (6) Setbacks in agricultural zones shall conform to those found in Article 5.
- (7) Requirements for parking. Minimum of one space per 250 square feet of GFA, plus one space per employee.
- (8) The facility shall be located on a principal or minor arterial roadway as defined in the R.I. Statewide Planning's Highway Functional Classification System.
(j) Drive-Through Service.
- (1) All drive-through facilities shall provide a minimum of on-site stacking/queuing spaces as follows:
  - a. Restaurant: 10 spaces per station.
  - b. Bank: five spaces for the first station, plus two spaces for each additional station.
  - c. Other uses: four spaces per station.
- (2) Stacking spaces provided for drive-through uses shall be
  - a. A minimum of 10 feet in width, as measured from the outermost point of any service window, menu board or bay entrance, to the edge of the driveway, and 20 feet in length. In the case of a recessed service window, the measurement shall be taken from the building wall.
  - b. Stacking spaces shall begin behind the vehicle parked at a final point of service, such as a service window or car wash bay (and does not include a menu board). Spaces shall be placed in a single line behind each lane or bay.
  - c. The number of required queued cars shall apply to all lanes or bay where multiple lanes are proposed.
- (3) All drive-through lanes shall be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Drive-through lanes on corner lots shall not route exiting traffic into adjacent residential neighborhoods.
- (4) Drive-through facilities shall be screened along, side and rear lot lines, with a solid wall or fence or other hardscape or landscape, a minimum of four feet and a maximum of six feet in height.
- (5) An additional buffer of 10 feet shall be provided along lot lines adjacent to residential, agricultural and open space uses and zoning districts.
- (6) Speakers used for ordering and other service shall be located so as not to disturb or interfere with the use of neighboring properties, considering such property's type of use (e.g., industrial, commercial, institutional, residential, etc.).
- (7) The site shall otherwise comply with landscaping requirements of these regulations. The landscaping standards do not apply to drive-through facilities within multitenant retail centers where the drive-through use does not abut lot lines.
- (8) No drive-through facility shall be located in any front yard. Entrances to a drive-through facility shall be offset at least 150 feet from an intersection. No drive-through lane shall exit directly onto a street.
- (9) Drive-through lanes shall be delineated from traffic lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving material. Where pedestrians will intersect with a drive-through lane, crosswalks shall be provided, making use of striping and/or alternative paving material.
- (10) Adequate directional and warning signs shall be provided to assure smooth traffic circulation and pedestrian safety, including marking entrances, exits and one-way lanes of drive-through areas. The placement of all directional signage shall be subject to review and approval under the provisions of these regulations.
- (11) Menu boards or other informational boards shall face away from public rights-of-way. All lighting associated with menu boards, window service areas or travel lanes shall be directed and shielded so as to prevent any glare or reflection on adjoining streets or property. The placement of all informational signage shall also be subject to review and approval under the provisions of these regulations.
(k) Drug or Alcohol Rehabilitation Facility.
- (1) Such facilities shall meet all federal, state and local requirements, including, but not limited to, licensing, health, safety and building code requirements.
- (2) A copy of the state license shall be visible at all times.
- (3) When located in a nonresidential district, the building shall be designed with a lobby entrance along the primary frontage.
(l) Educational Institutions.
- (1) The applicant shall provide proof of state licensing as required.
- (2) The site shall otherwise comply with landscaping requirements of these regulations.
- (3) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces or extend into the street.
- (4) A traffic impact analysis shall be required that includes an analysis of drop off and pick up capacity and operations.
(m) Funeral Home.
- (1) Parking shall not be in excess of 135% of the required parking spaces.
- (2) The parking lot shall be screened and landscaped in accordance with the requirements of this Zoning Ordinance.
(n) Group Quarters, Short-Term Rentals and Lodging.
- (1) All short-term rentals must be owner-occupied at least six months per year.
- (2) If the building had been built as a dwelling, the exterior shall maintain its original appearance as a dwelling.
- (3) Cooking facilities are prohibited in guest rooms.
- (4) If meals are provided, only registered guests may be served.
- (5) Leasing of a common dining area for social events is prohibited.
- (6) Guest stays are limited to a maximum of 14 consecutive days.
- (7) Minimum on-site parking shall be one parking space per guest room.
- (8) No more than two individuals per bedroom shall be allowed.
(o) Marijuana Facilities - Retail Sales. Medical Use, and/or Compassion Centers.
- (1) No marijuana establishment shall be combined with residential use of property.
- (2) All operations shall take place within a permanent building and shall not be visible from the exterior of the building.
- (3) No marijuana facility that dispenses marijuana or marijuana-related products shall have a gross floor area of more than 3,000 square feet.
- (4) Hours of operation shall not be outside the hours of 8:00 a.m. through 10:00 p.m.
- (5) No drive-through service shall be permitted for a marijuana facility.
- (6) No outside storage of marijuana, related supplies, or promotional materials shall be permitted.
- (7) Marijuana facilities shall be ventilated in such a manner that:
  - a. No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and
  - b. No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.
- (8) A security plan including information relating to alarms, fencing, gates, limited access areas, delivery procedure, police details and video and lighting locations. The security plan shall show the arrangement of pedestrian circulation and access to the public points of entry to the premises from the nearest public street or off-street parking area. The security plan must be approved by the Chief of Police or his/her designee and updates shall be submitted to and approved by the Chief of Police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
- (9) The site shall otherwise comply with landscaping requirements of the Land Development and Subdivision Regulations.
  Editor's Note: See Appendix A, Land Development and Subdivision Regulations.
- (10) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
- (11) Lighting shall be required such that it will illuminate the compassion center, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
- (12) The property shall be at least 3/4 mile from the property line of another marijuana facility and at least 1,000 feet from a pre-existing public or private school.
(p) Materials Processing Centers.
- (1) The materials processing area shall be completely enclosed along all lot lines by an opaque fence a minimum of four feet and a maximum of six feet in height, including ingress and egress. Where buildings are proposed, they should be located along the street frontage, meeting setback requirements. Otherwise, screening the operation from the street, which may include fences, tall vegetation, or walls along the front is required.
- (2) The use shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of four feet and a maximum of six feet in height.
- (3) Where the use abuts a residential use or zoning district, the fence shall be set back a minimum of 20 feet from each such lot line abutting a residential use or zoning district.
- (4) The site shall otherwise comply with landscaping requirements of the Land Development and Subdivision Regulations.
  Editor's Note: See Appendix A, Land Development and Subdivision Regulations.
(q) Outdoor Dining.
- (1) The seating area may only be established adjacent to the business with which the outdoor area is associated, as shown on a submitted site plan drawn to scale that shows the delineated area of the proposed outdoor seating area, including the location and placement of tables, seats, planters, awnings, umbrellas, and the business's entrance and windows.
- (2) If proposed in front of an adjacent business, the applicant must receive written permission from the adjacent business.
- (3) Outdoor seating areas must be separated from parking areas with a physical barrier to contain and define the outdoor seating area, as approved by the Chief of Police or his/her designee.
- (4) Parking requirements shall be increased accordingly to include the outdoor seating.
(r) Parking Structures and Lots.
- (1) Parking Structure.
  - a. On the ground floor facade along public streets where parking spaces are visible, a decorative fence and landscape or a kneewall is required to screen parking spaces. Fence or kneewall shall be a minimum of four feet in height.
  - b. For parking structures with rooftop open-air parking, a minimum four-foot parapet wall is required for screening of parked vehicles.
  - c. Where parking structures front on public streets, facade design and screening shall mask the interior circulation ramps and create the illusion of horizontality along the street.
  - d. The site shall otherwise comply with the landscaping requirements of the Land Development and Subdivision Regulations.
    Editor's Note: See Appendix A, Land Development and Subdivision Regulations.
- (2) Parking Lot.
  - a. A parking lot shall be used solely for the temporary parking of motor vehicles and shall not be used as an off-street loading area.
  - b. Only structures for the shelter of attendants or for payment kiosks shall be permitted in a parking lot. Shelters or kiosks shall not exceed eight feet in height and 36 square feet in area.
  - c.
    The site shall otherwise comply with landscaping requirements of the Land Development and Subdivision Regulations.
    Editor's Note: See Appendix A, Land Development and Subdivision Regulations.
  - d. Parking lots shall not exceed 80% impervious surface.
(s) Pre-Schools.
- (1) Shall be permitted subject to conformance with Department of Elementary and Secondary Education regulations.
- (2) Shall be located on a principal or minor arterial roadway as defined in the R.I. Statewide Planning's Highway Functional Classification System.
(t) Small hydroelectric generation facilities (see Article 18-7).
(u) Solar energy systems (see Article 18-8).
(v) Veterinarian and Animal Hospital: Kennel and Nonagricultural.
- (1) Exterior exercise areas shall be located in the interior side or rear yard and shall be completely enclosed along all lot lines by an opaque fence a minimum of six feet high and a maximum of eight feet high, including ingress and egress.
- (2) Where the use abuts a residential, agricultural or open space use or zoning district, the fence shall be set back a minimum of 20 feet from each such lot line abutting a residential, agricultural or open space use or zoning district.
- (3) All overnight boarding operations shall be located indoors.
- (4) All animal care and/or kennel facilities shall have a valid municipal license.
(w) Criteria to Subdivide a Lot with Multiple Residences.
- (1) All principal residential structures existing on the property are pre-existing and legally non-conforming; and
- (2) Each parcel in the proposed subdivision shall have adequate physical access to a public road; and
- (3) The applicant shall make each new lot conform with the dimensional requirements of the zoning district to the greatest extent possible; and
- (4) Each new lot shall have the required minimum parking; and
- (5) Any new lot fronting on an unimproved public street shall improve the street frontage to Town standards for the entirety of the frontage; and
- (6) The Planning Board shall modify dimensional requirements for minimum lot area, setbacks, frontage, width, and lot coverage and assign dimensional requirements as necessary, in order to achieve one residential structure per record lot.
- (7) Any lot that includes affordable housing as approved under a Comprehensive Permit shall not be entitled to the provisions of this section if any of the resulting subdivided lots do not meet the dimensional requirements for that zone. This restriction shall be in effect in perpetuity, regardless if the term of the deed-restriction has expired.

Editor's Note: This ordinance also repealed former § 18-3, Granting of a special use permit, adopted by Ord. No. 08-31, 10-7-2009, and redesignated former §§ 18-4 through 18-7 as §§ 18-3 through 18-6, and former § 18-9 as § 18-7, respectively.