Main Street and Neighborhood Center Overlay Districts
(a) Application. The Main Street and Neighborhood Center Overlay Districts within the city shall include the following designated districts:
(1) Taunton Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Taunton Avenue from the westerly side of its intersection with Walnut Street and going easterly on the southerly side of Taunton Avenue to its intersection with Carlton Avenue, and on the northerly side of Taunton Avenue to its intersection with Irving Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Taunton Avenue Overlay District may choose either to develop or redevelop subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2, C-3, and (Taunton Avenue) TA).
(2) Waterman Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Waterman Avenue, commencing on the western terminus from its intersection with Massasoit Avenue and North Brow Street, proceeding easterly, and terminating at its intersection with Pawtucket Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. ch. 45-24 (Overlay Districts). All properties located within the Waterman Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2 and C-3).
(3) Warren Avenue Overlay District—All those parcels directly fronting on the northerly and southerly sides of Warren Avenue, commencing on the western terminus of Warren Avenue from its intersection with Waterfront Drive, proceeding easterly, and terminating at its intersection with Boyd Avenue, as shown on the East Providence Zoning Map, and as defined in G.L. § 45-24-31 (Overlay Districts). All properties located within the Warren Avenue Overlay District may choose either to develop or redevelop, subject to the provisions of Division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3 and Bold Point Harbor (BPH).
(4) Riverside Square Overlay District—All those parcels directly fronting on the easterly and westerly sides of Bullocks Point Avenue from parcel 13 of map 311, block 1 and commencing southerly to the intersection of Beach Road on the westerly side and Crescent View Avenue on the easterly side, and inclusive of parcel 6 of map 312 block 8, and with the exception of parcel 20 of map 312, block 12 (former Vamco site, as regulated under division 19 of zoning entitled Riverside Square Mixed Use/Downtown Overlay) and all parcels fronting on the easterly and westerly sides of Pawtucket Avenue from the intersection of Hoppin Avenue and commencing southerly to the intersection of Turner Avenue and as defined in R.I.G.L. § 45-24-31 (Overlay Districts). All properties located within the Riverside Square Overlay District may choose either to develop or redevelop, subject to the provisions of division 15, section 19-322 or may choose to develop or redevelop under the provisions of the current underlying zoning of the property (C-1, C-2, C-3).
(5) However, within the Main Street and Neighborhood Center Overlay Districts as defined within this Code, the provision of off-street parking is not required for nonresidential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.
(b) Intent.
(1) It is the intent of section 19-322 to encourage new opportunities for mixed land use(s), in "Main Street" and/or neighborhood center configurations, that promote a mixture of land use(s), including multi-unit residential and a variety of neighborhood oriented commercial land uses and to realize commercial and/or mixed use development with a storefront character using a typical Main Street build-to-line* configuration with buildings at the sidewalk and front property line, whenever feasible. Main Street uses primarily provide convenience retail sales and services to the surrounding residential neighborhood and gives priority to the access and convenience of pedestrians. Building types are small commercial structures, multi-story mixed use, and residential structures (by special use permit). Nonresidential uses typically occupy the street front, although residential uses are conditionally permitted by special use permit. These uses may include, but are not limited to, a combination of commercial use(s), offices, retail, residential, personal convenience service businesses, cultural activity* and public and civic uses. Land uses may be mixed by floor (vertically within a building) or horizontally on a parcel of land. Pedestrian linkages from mixed commercial/residential, retail, personal service and recreational land uses to existing areas of neighborhood residential land use shall be encouraged. The scale of mixed use may range from a single stand-alone retail use with office or residential use on the upper stories to a larger scale development such as a neighborhood center* that integrates commercial, retail, offices, housing and public spaces, or to a stand-alone residential facility.
(2) Neighborhood center* may only be developed on a lot consisting of not less than a minimum of 50,000 square feet. A neighborhood center* means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public. A neighborhood center development shall include a location for a public transit stop (when applicable to available transit routes), provide pedestrian linkages to surrounding neighborhoods, while also providing a buffered edge between the center and abutting residentially used or zoned land. A neighborhood center* should be adjacent to a residential district(s) they are intended to serve. A neighborhood center should be oriented to streets with pedestrian amenities. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the commercial, retail, office, and/or personal convenience use(s) comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. Neighborhood centers* and mixed uses are destinations for people and draw the public to a space. A public feature such as a gazebo, garden, art, etc., that provides consumers with an attractive amenity is encouraged.
(3) Development proposals shall comply with all applicable sections of chapter 19, Zoning, and shall be consistent with all city rules, standards, regulations and ordinances (including adopted plans). For all the parcels within this district, development may alternatively occur as is currently allowed within the zoning district in which parcel(s) is located and not under the provisions of section 19-322, Main Street and Neighborhood Center Overlay Districts.
(4) All commercial and mixed-use development and redevelopment under this division, other than minor modifications to existing permissible land uses, shall minimally be reviewed in accordance with article VIII., Development Plan Review. Purely residential land uses that comply with the requisite off-street parking regulations as described within this section, shall be deemed permissible, and likewise reviewed in accordance with article VIII, Development Plan Review. Purely residential land uses that fail to comply with the requisite off-street parking regulations as described within this section, shall necessitate both development plan review, as well as a special use permit pursuant to section 19-39, provided the degree of deficiency does not exceed 25 percent of the overall development, otherwise both a special use permit (section 19-39) and corresponding dimensional variance pursuant to section 19-45, shall be required.
When a special use permit is required for less than required off-street parking, the zoning board of review, or planning board, in the case of unified development review, must consider the following criteria:
a. Consideration of a parking impact analysis, prepared by a professional civil engineer, licensed in the State of Rhode Island, or a professional planner with relevant experience in providing such analyses. The study shall analyze parking supply (on and off-site) and projected demand, projected impacts on surrounding areas, potential parking management strategies for the development, loading considerations, available public transit, and emergency access considerations.
b. Consideration of the proposal's impact on the revitalization of the City's main street corridors, economic development implications of the development, preservation of historic resources, and possible benefits related to a reduction in the amount of impervious area on-site.
(c) Uses.
(1) Mixed use is permitted subject to the following: Any use permitted by right in either a C-1, C-2, C-3 and/or Taunton Avenue TA or Bold Point Harbor (BPH) zoning district, as well as any other accessory or special uses as may be permitted generally by chapter 19, zoning, and under section 19-98, schedule of use regulations and section 19-171, accessory uses, shall be allowed, except that the following shall be prohibited uses:
Self-storage, mini-storage: automotive repair shop*, auto body, or soldering or welding shop: limited manufacturing*: motel*, thrift shops and similar type of uses, and retail uses with across the board maximum pricing or "everything under" pricing and surplus goods and cash checking operations.
(2) In addition to those uses permitted under section 19-98, chapter 19, zoning in the underlying zoning districts other uses are permitted, and may include, but are not limited to, the following:
a. Mixed use*;
b. Incubator*;
c. Photography studio;
d. Black box theatre*;
e. Cafe*;
f. Cultural activity*;
g. Gallery*;
h. Co-worker space*;
i. Museum* (art, history, fashion, etc.}, small design showroom*, e.g., lighting, interior design, handcrafted furniture;
j. Film studio;
k. Recording studio;
l. Design studio*;
m. Yoga or pilates studio (not a commercial full-service gym);
n. Live/work space*;
o. Small fabricating shops not to include industrial trade schools, and further provided that the activity does not include a use that is prohibited in the C-4, C-5, I-1, I-2 and/or I-3 zoning districts;
p. Cigar lounge;
q. Tattoo parlors;
r. Previously owned goods and merchandise including antiques, collectibles, coins, consignment and stamps, excluding pawn shops;
s. Transit shelters, drop off-points, bicycle rack(s) and/or corrals, and informational or retail kiosks, as accessory uses to permitted principal land use(s). Layover locations for buses shall be prohibited;
t. Public structure or public use including, but not limited to, public and private park, community or civic space, museum, gallery, or community center, as accessory uses to permitted principal land use(s).
u. Bicycle paths and/or road bike lanes and pedestrian paths, bicycle racks or corrals, as accessory uses to permitted principal land use(s).
v. Multi-family dwelling* - Subject to the provisions described under Section 19-322 (c)(3).
w. Professional office limited to the Riverside Square Overlay District with a building footprint of less than 4,000 square feet.
(3) Multi-family dwelling* in Mixed Use Development "Main Street" parcels or without the presence of any commercial entit(ies).
a. Multi-family dwelling* in "Main Street" configuration. Multi-family dwelling* is permitted and when mixed with a commercial, retail, and/or office use in a Main Street configuration at a density that is proportional to the ability to provide 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking. (See Section 19-322).
b. Multi-family dwelling* without the presence of any commercial entit(ies) is likewise a permissible land use, provided requisite off-street parking is appropriately furnished. Residential density will be based upon the provision of one off-street parking space per residential dwelling unit, and compliance with all other applicable regulations pursuant to section 19-284, off-street parking. Off street parking that fails to meet the referenced one to one ratio, but does not exceed a 25 percent deficiency, or a minimum of .75 spaces per residential unit, may still be permitted by special use permit pursuant to section 19-39. Any deficiency greater than 25 percent, shall necessitate both a special use permit pursuant to section 19-39 and a dimensional variance pursuant to section 19-45.
c. A neighborhood center* shall be permitted on lots of not less than 50,000 square feet and such a development shall consist of a building or buildings used for mixed land use. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the other commercial, retail, office, and/or personal convenience uses comprises more than 50 percent of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel. The neighborhood center* provides a location for a public transit stop (when applicable to available transit routes), linkages to surrounding neighborhoods and properties, while also providing a buffered edge between the center and abutting residentially used or zoned land. Neighborhood centers* are destinations for people. The mixed use draws the public to the space and a public feature such as a gazebo, garden, art, etc. provides consumers with an attractive amenity.
d. Other uses shall be permitted in the Main Street and Neighborhood Center Overlay District when provided as an integral part of the overall development and such use(s) are consistent with the stated purposes of chapter 19, Zoning, and which are intended to serve the commercial and residential users of a mixed use development. Other uses shall be suitable to the proposed development, consistent with the comprehensive plan, and compatible with the surrounding land uses. Said determination shall be made by the zoning officer in consultation with the director of planning.
(d) Off-street parking and off-street loading.
(1) For those properties proposing development in the Main Street Overlay Districts, and not "neighborhood center" scale development, off-street parking with the exception of professional office uses shall be provided at no less than 50 percent of the total off-street parking spaces required if the uses were calculated separately based upon Section 19-284, off-street parking, provided that the proposal meets the intent of the overlay district of subsection 19-322(b). Additionally, required employee parking that is stacked or in tandem shall be permitted and counted towards the total number of off-street parking spaces required provided there is a written agreement among the individual tenants of a building provided to the zoning officer. The zoning officer shall have the authority to monitor such an arrangement and require modified parking or a petition to the zoning board of review regarding the off-street parking if it is apparent that the stacked employee parking arrangement is unfeasible and/or there are unforeseeable impact to adjoining streets with overflow parking, particularly local residential streets. A purely residential development shall not require introduction of any off-street loading, and shall be subject to the off-street parking density referenced in subsection (c)(3)b. above. However, within the overlay districts as defined within this Code, the provision of off-street parking is not required for non-residential uses located within existing structures. New construction or development involving expansion of a building footprint is required to comply fully with the provisions of this article.
(2) A neighborhood center development shall provide off-street parking as required by section 19-284. However, this amount may be reduced by ten percent provided that the applicant/owner shall submit a valet parking plan, including certification that a valet is on-duty during business hours, and documenting authorized use of a satellite parking area to the zoning officer such that a modification may be granted. An applicant or developer of a neighborhood center* may further reduce parking subject to the provisions of section 19-279, joint use and shared use, where the applicant and/or owner are able to provide a shared parking study and plan to the zoning officer, and provided that the procedures of section 19-279 regarding joint and shared and parking shall be followed.
(3) Bonus height structured parking incentive. An additional one (12 foot) building story shall be permitted for every story of structured parking provided in a building, with the overall height not to exceed five stories or 60 feet.
(e) Purposes. Consistent with the City of East Providence Comprehensive Plan, the purposes of the Main Street and Neighborhood Center Overlay Districts are to:
(1) Promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but is not limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.
(2) To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing, and economic development, including uses related to the arts and culture.
(3) Encourage efficient use of land by facilitating centers and minimizing the amount of land that is needed for surface parking.
(4) Encourage quality development that facilitates utilization of public transportation, where applicable.
(5) Provide opportunities to businesses within the districts for coordinated mixed use development, pedestrian and bicycle connections, and innovative site design.
(6) Provide safe, comfortable and attractive pedestrian connections from existing areas such as residential and open space to currently predominantly commercial roadways and to public transportation, and to new areas of land use and new neighborhood centers*.
(7) Reinforce public rights-of-way, shoulder sides of roadways and sidewalks, as public places that encourage pedestrian and bicycle travel.
(8) Enhance linkages and pedestrian connections to residential areas, schools, and recreational space in the vicinity of the overlay districts for the convenience of the public.
(9) Encourage the use of sidewalks for outdoor cafes, sitting, and shop displays where possible, and when new development or redevelopment is proposed, look for opportunities to widen the sidewalk/pedestrian area in front of the building(s) for outdoor cafe seating, sitting, restaurant and shop displays, and trees for shade.
(f) General standards. All applicants whose proposals require permits from other agencies, e.g., a state agency such as the Department of Transportation, shall obtain any and all such applicable permits, including city building permits and licenses. As with all other proposed development reviewed under this chapter, the proposal shall meet the general purposes of section 19-2, chapter 19, Zoning, and the following:
(1) The design of the proposed development will be consistent with the goals of the city comprehensive plan and will implement the purposes of the Main Street and Neighborhood Center Overlay Districts.
(2) Erosion will be adequately controlled during and after construction and will not adversely affect adjacent or neighboring property or public facilities and services; provisions have been made for storm water and drainage facilities, and that increased runoff due to development on the site will not be injurious to any nearby property owners or cause hazardous conditions on any streets.
(3) The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient and adequate provision has been made for snow removal.
(4) All utilities, infrastructure, streets, roadways, sidewalks, walkways and parking are improvements will be provided for the development in a manner meeting the applicable requirements and standards of the city. Construction standards for utilities and improvements serving the public shall meet city standards.
(5) The location, arrangement, appearance, and sufficiency of off-street parking and loading comply in all respects with chapter 19, Zoning and/or the provisions of subsection 19-322(d) as applicable, and are adequate to serve the proposed development.
(6) The proposed development and all uses and structures therein, shall comply in all respects with chapter 19, Zoning. Nothing in this article shall prevent an applicant from seeking a variance.
(g) Dimensional criteria pursuant to section 19-145. Development within the Main Street Overlay Districts will be given great flexibility and allowed to pursue the most lenient dimensional standard(s) prescribed in either the C-1, C-2, C-3, Taunton Avenue (TA) or Bold Point Harbor (BPH) districts, in accordance with Section(s) 19-145 or 19-481 (in the case of Taunton Avenue (TA) and Bold Point Harbor (BPH) districts), unless the subject Main Street Overlay Districts regulations permit even greater latitude, then they may take precedence.
(1) To promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but not be limited to, commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses.
(2) To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing and economic development, including uses related to the art and culture.
(Ch. 642, § XII, 3-15-16; Ch. 803, § I, 5-18-21; Ch. 814, § I, 8-17-21; Ch. 840, § I, 5-17-22; Ch. 914, § I(Att.), 12-19-23)