Requirements
Gasoline filling stations may be allowed upon issuance of a special use permit by the zoning board of review or planning board under unified review. Notwithstanding any other provisions of this chapter, the requirements and design standards in this division shall apply to all gasoline filling stations as defined in section 19-1.
(a) Special use permit criteria. The following criteria shall apply for gasoline filling station applications:
(1) Compatibility with the neighboring transportation network as evidenced by:
a. The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:
1. Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;
2. Safety (accident data, sight distance, roadway conditions, etc.);
3. Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;
4. Existing volumes (traffic counting);
5. Site-generated and future traffic;
6. Planned transportation improvements, if any;
7. Projected parking demand for the facility, and adequacy of available on-site parking;
8. Analysis of the specific impacts of fuel deliveries.
(2) Compatibility with neighboring land uses as evidenced by:
a. Submission of a landscaping plan, prepared by a professional landscape architect, licensed in the State of Rhode Island, which shows how the proposed development will be adequately landscaped and screened from adjacent properties. Suitable landscaping shall be provided on the site in all areas not required for pedestrian or vehicular traffic movement to enhance and make the premises acceptable and attractive to the surrounding area. Suitable separation shall be made between the pedestrian sidewalk and the vehicular moving area by means of a landscaped barrier to vehicular movement.
b. Submission of evidence that the proposed development's, noise, trash management, and other operations will not unduly disturb nearby residents.
c. Submission of a lighting plan that includes suitable illumination arranged as to reflect the light away from adjoining property;
d. Hours of operation, which may be modified by the zoning board or planning board, shall be compatible with neighboring residential uses.
e. All buildings shall not be less than 30 feet from the lot line fronting the street.
f. Pumps and other facilities shall be set back not less than 15 feet from the lot line fronting the street.
g. Where any filling station adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational, or religious purposes, a wall or fence of solid appearance or tight evergreen hedge shall be erected to a height of not less than 5½ feet. Such fence shall be maintained in a neat and attractive manner.
h. The filling station building shall be located not less than 50 feet from any residential building.
(3) Protection of environmental resources as evidenced by:
a. Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties.
b. Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any development will not have a negative effect on natural resources or neighboring properties. Surfaces that are subject to automobile traffic shall be paved with a durable surface.
c. Submission of evidence that fuel will be properly stored, managed and delivered, and will not lead to negative effects on surface or groundwater resources, air quality, or other environmental factors. The applicant shall provide evidence of spill prevention measures, spill planning, leak prevention and ongoing safety inspections.
(4) Protection of public safety as evidenced by:
a. Submission of evidence of the proposal's conformance with relevant fire, building, health codes and other relevant state and federal requirements, as well as other relevant public safety factors.
b. The filling station premises shall be located not less than 200 feet from the premises or any park, playground or other public recreational facility, school or municipal building, church or other place of worship, religious or educational institution, cultural center, cemetery or hospital.
c. The filling station property shall be separated from the streetline by a curb at least six inches high. The location and extent of curb cuts shall be subject to the approval of the city traffic engineer or the state traffic engineer in accordance with their respective jurisdictions.
(Ch. 914, § I(Att.), 12-19-23)