Town of Foster Zoning Ordinance

The zoning districts and regulations set forth in this chapter are made in accordance with the comprehensive community plan, approved as amended on December 14, 2023, and for the following purposes:

• • (1) Promoting the public health, safety and general welfare of the town.

  • (2) Providing for a range of uses and intensities of use appropriate to the character of the town and reflecting current and expected future needs.

  • (3) Providing for orderly growth and development that recognizes:

    • a. The goals and patterns of land use contained in the comprehensive community plan of the town adopted pursuant to G.L. § 45-22.2-1 et seq.;

    • b. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface water or groundwater pollution;

    • c. The values and dynamic nature of the town's waterbodies including freshwater ponds, streams and freshwater wetlands;

    • d. The entire town's watershed areas;

    • e. The values of unique or valuable natural resources and features;

    • f. The availability and capacity of existing and planned public and/or private services and facilities;

    • g. The need to shape and balance urban and rural development; and

    • h. The use of innovative development regulations and techniques.

  • (4) Providing for the control, protection and/or abatement of air, water, groundwater, noise pollution, and soil erosion and sedimentation.

  • (5) Providing for the protection of the natural, historic, cultural, and scenic character of the town, or areas therein.

  • (6) Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space and recreation resources of the town.

  • (7) 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.

  • (8) 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.

  • (9) Providing opportunities for the establishment of low- and moderate-income housing.

  • (10) Promoting safety from fire, flood and other natural or manmade disasters.

  • (11) Promoting a high level of quality in design in the development of private and public facilities.

  • (12) Promoting implementation of the comprehensive plan adopted pursuant to G.L. § 45-22.2-1 et seq. In the instance of uncertainty in the application of any section of this chapter, the section in question shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. See G.L. § 45-24-34(a).

  • (13) 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.

  • (14) Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

  • (15) Providing for procedures for the administration of this chapter, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.

  • (16) Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

(Ord. of 6-23-1994, art. I; Ord. of 11-9-2023(1); Ord. of 9-26-2024(2))

State Law reference— Zoning ordinance to contain a statement of purpose, G.L. 1956, § 45-24-34.

Where words or terms used in this chapter are defined in [G.L.] § 45-22.2-4 or [G.L.] § 45-23-32, they have the meanings stated in that section. In addition, the following words have the following meanings. Additional words and phrases may be used in developing local ordinances under this chapter; however, the words and phrases defined in this section are controlling in all local ordinances created under this chapter:

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

Accessory dwelling unit (ADU) means a residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. 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 structure means a detached structure which is not used or not intended to be used for living or sleeping by human occupants, and which is located on the same premises with a dwelling (as defined in G.L. § 45-24.3-5).

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 "adaptive reuse," as defined in [G.L.] § 42-64.22-2.

Aggrieved party means an aggrieved party, for purposes of this chapter, shall be:

• • (1) Any person, or persons, or entities, who or that can demonstrate that his, her, or its property will be injured by a decision of any officer or agency responsible for administering this chapter; or

  • (2) Anyone requiring notice pursuant to this chapter.

Agricultural land means "agricultural land," as defined in [G.L.] § 45-22.2-4.

Airport hazard area means "airport hazard area," as defined in [G.L.] § 1-3-2.

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

Billboard means any sign or advertising device, freestanding or located on a building or wall, which is not related to a use on the premises.

Buffer means land that 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 means any structure used or intended for supporting or sheltering any use or occupancy.

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

Building height means that, for a vacant parcel of land, building height shall be measured from the average, existing grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall excludes spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) suggested design elevation three-foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• • (1) The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

  • (2) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

Cannabis cultivator or marijuana cultivator means an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis establishment or marijuana establishment means a cannabis cultivator, independent testing laboratory, cannabis product manufacturer, cannabis retailer or any other type of licensed cannabis-related business (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis product manufacturer or marijuana product manufacturer means an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers (pursuant to G.L. § 21-28.11-3, as amended).

Cannabis retailer or marijuana retailer means an entity licensed pursuant to [G.L.] § 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 (pursuant to G.L. § 21-28.11-3, as amended).

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 this chapter 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 chapter provisions include incentive bonuses for certain types or conditions of development.

Collocation means the use of a common tower by two or more license holders or by one license holder for more than one type of communications technology.

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 an association (such ownership may also include a municipality) of one or more lots under specific development techniques.

Communications tower means a freestanding structure used for the location of one or more communications antenna arrays. It may also include an equipment shelter as an accessory use.

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 does not include halfway houses or substance use disorder treatment facilities. This does include, but is not limited to, the following:

• • (1) Whenever six or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to [G.L.] chapter 24 of title 40.1. 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 persons with disabilities, and licensed by the state pursuant to [G.L.] chapter 24 of title 40.1;

  • (3) A residence for children providing care or supervision, or both, to not more than eight children, including those of the caregiver, and licensed by the state pursuant to [G.L.] chapter 72.1 of title 42;

  • (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 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.

Compassion center, as defined in [G.L.] § 21-28.6-3, means a not-for-profit entity registered under [G.L.] § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

Comprehensive plan means the comprehensive plan adopted and approved pursuant to [G.L.] § 45-22.2-1 et seq. and to which any zoning adopted pursuant to this chapter shall be in compliance.

Customary home occupation means any occupation which may normally be carried on in a residence by the occupant without the provision of normal business or industrial equipment and displays except for simple tools and machinery designed for home use. Such a use requires no structural alteration to the residence and does not create a nuisance to neighboring dwellings. Such home occupations may include, but are not limited to, knitting, sewing, cooking, handcrafts, artist, dressmaker, teacher, author, lawyer, architect, accountant, or consultant.

Day care; day care center means any other day care center which is not a family daycare home.

Day care; 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 caregiver, but may not contain more than a total of eight individuals receiving day care.

Density, residential means the number of dwelling units per unit of land.

Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; any change in use or alteration or extension of the use, of land.

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 this chapter.

Distillery means a commercial establishment wherein potable alcoholic liquors obtained by the process of distillation are made and sold. The distillation process shall take place wholly inside a building and shall result in products for sale that may include, but not be limited to, whiskey, vodka, rum and gin. Distilleries shall produce greater than 20,000 but less than 50,000 gallons of liquor per year. Distilleries producing greater than 50,000 gallons of liquor per year are not permitted.

District. See "zoning-use district."

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 water and groundwaters; and the prevention and/or alleviation of flooding.

Dump means a place or facility for disposing discarded materials, such as trash, garbage or junk, as generated by residential, institutional, commercial, industrial and agricultural sources.

Dwelling unit means a structure, or portion of a structure, 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.

Equipment shelter means an enclosed structure, cabinet, shed or box used in as an accessory to a communications antenna array to house electrical equipment, batteries and emergency electrical generators, directly related to such antenna array. No other uses, including storage, shall be permitted in any equipment shelter.

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; 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.

FAA means the Federal Aviation Administration.

Farm brewery means a brewery that is located on a farm of no less than five acres and that produces beer or cider which is manufactured with at least one primary ingredient (hops, grain or fruit) grown on the farm and whose annual production does not exceed 150,000 gallons of beer or cider, and where customers would have the opportunity to tour the farm and try small samples (three ounces or less), and purchase bottles (of up to 64 ounces each) to take home and consume off site. A farm brewery may also sell beer or cider at wholesale to retailers with the appropriate state license. A farm brewery must have the appropriate state license to operate a brewery. Subject to the provisions of section 38-394.

Farm distiller means a facility located on a farm of no less than five acres that produces distilled spirits which are manufactured with at least one primary ingredient grown on the farm into alcoholic beverages and where customers would have the opportunity to tour the farm, try small samples, and purchase bottles to take home and consume off site. A farm distiller shall produce no greater than 20,000 gallons of product per year. Subject to the provisions of section 38-394.

Family member means a person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

FCC means the Federal Communications Commission.

Floating zone means an unmapped zoning district adopted within this chapter that is established on the zoning map only when an application for development, meeting the zone requirements, is approved.

Floodplains or flood hazard area means as defined in [G.L.] § 45-22.2-4.

Freeboard means a factor of safety expressed in feet above the base flood elevation of a flood hazard area for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Front yard means the area between a road line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

Garbage means any animal or vegetable waste.

General business development means a planned, coordinated development of a single tract or tracts of land with one or more buildings for a variety of uses. These may include retail, service, office and related activities, and residential uses. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with particular attention given to on-site vehicular circulation, parking, utility needs, building design and location, and open space. The project is developed or controlled by a single proprietary entity and has an enforceable master plan and/or covenants, conditions and restrictions. The development may consist of one or more parcels, various forms of residential ownership, or a combination thereof and may contain public or private roads, or a combination thereof.

Groundwater means "groundwater" and associated terms, as defined in [G.L.] § 46-13.1-3.

Halfway house 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 [G.L.] § 45-24-41.

Historic district or historic site means as defined in [G.L.] § 45-22.2-4.

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

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, not to exceed five.

House trailer means any temporary structure, with or without a permanent foundation that is used as a temporary residence following an unexpected event.

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

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

In-patient rehabilitation facility means a skilled nursing facility or long-term care facility.

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

Licensed cultivator means a person as identified in [G.L.] § 43-3-6, who has been licensed by the department of business regulation to cultivate marijuana pursuant to [G.L.] § 21-28.6-16.

Licensed nonresidential cooperative cultivation means two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the requirements set forth in [G.L.] § 21-28.6-14.

Licensed residential cooperative cultivation means two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the requirements set forth in [G.L.] § 21-28.6-14. This excludes, per department of business regulation, the situations of two or more qualifying patient or primary caregiver cardholder(s) who are primary residents of the same dwelling.

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 that 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 road right-of-way, usually reported in acres or square feet.

Lot area, minimum means the smallest land area established by this chapter upon which a use, building, or structure may be located in a particular zoning district.

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 road. Where noncontiguous frontage exists, it shall be included when considering whether a lot meets the dimensional requirements of section 38-192.

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

• • (1) Front means the lot line separating a lot from a road right-of-way. The front lot line on lots fronting on more than one road shall conform to section 38-273.

  • (2) Rear means 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 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

  • (3) Side means any lot line other than a front or rear lot line. On a corner lot, a side lot line is a road lot line.

Lot of record means a parcel of land recorded by deed or recorded plat in the office of the town clerk.

Lot size, minimum shall have the same meaning as "minimum lot area" defined herein.

Lot, corner means a lot which fronts upon two roads, those roads intersecting, and not being parallel.

Lot, through means a lot which fronts upon two parallel roads, or that fronts upon two roads that do not intersect at the boundaries of the lot. At least one lot frontage shall meet minimum zoning requirements for the district.

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.

Low- or moderate-income (LMI) housing means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low- or moderate-income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

Medical cannabis treatment center or medical marijuana treatment center means a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, all as defined in [G.L.] § 21-28.6-3 (pursuant to G.L. § 21-28.11-3, as amended).

Manufactured home means a manufactured home shall have the same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development (HUD) and complies with the standards established under Chapter 70 of Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.

Medical cannabis treatment center or medical marijuana treatment center means a compassion center, a medical marijuana emporium, or marijuana establishment licensee who operates a treatment center, all as defined in [G.L.] § 21-28.6-3 (pursuant to G.L. § 21-28.11-3, as amended).

Medical marijuana emporium means any establishment, or club, whether for-profit or nonprofit, or any commercial unit or other premises at which the distribution, transfer or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among registered patients, registered caregivers, authorized purchaser cardholders. This shall not include a compassion center or licensed cultivator regulated and licensed by the department of business regulation.

Mere inconvenience. See [G.L.] § 45-24-41.

Micro-brewery means a commercial establishment wherein beer, cider, or other malt beverages are manufactured and prepared for wholesale distribution, retail sales, and onsite tastings. A brewery may not produce more than 15,000 barrels per year.

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 pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance of the city or town, but not to exceed 25 percent of each of the applicable dimensional requirements.

Nonconformance means a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of that ordinance or amendment. Nonconformance is of only two types:

• • (1) Nonconforming by use means a lawfully established use of land, building or structure that 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 is nonconformity by use; or

  • (2) Nonconforming by dimension means a building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter is nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, is nonconforming by dimension.

Mobile home means any structure meeting the definition of manufactured home, herein, not having a permanent foundation and that was built prior to June 15, 1976.

Overlay district means a district established in this chapter that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.

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

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

Piggery means any lot, structure or farm where garbage collected from off the premises is fed to pigs.

Planned development means a "land development project" as defined in G.L. § 45-24-31(39), and developed according to plan as a single entity and containing one or more structures or uses with appurtenant common areas.

Plant agriculture means the growing of plants for food or fiber, to sell or consume.

Preapplication 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.

Preexisting towers and antennas means towers and antennas built and/or mounted before March 5, 1998.

Professional office means an office used primarily for conduct of occupations including, but not limited to, licensed medical practitioner, attorney, accountant, architect, surveyor or engineer.

Rear yard means the area between a rear lot line and a line parallel thereto drawn through the nearest point of a structure, extending between side lot lines.

Recreational events and amusements (open) means outdoor recreational uses that are temporary and characteristic of the town and cause minimal noise, traffic and inconvenience to neighboring properties. Examples are horse shows and art shows. Any event following within the scope of [G.L.] § 5-22-1 et seq. shall also receive approval from the town council, subject to any terms and conditions imposed by the council pursuant thereto.

Residential caregiver cultivation means a primary caregiver as defined in [G.L.] § 21-28.6-3 who elects to grow marijuana at their residence in accordance with the regulations as set forth in [G.L.] § 21-28.6-4.

Residential personal cultivation means marijuana cultivation by a single registered cardholder, as defined in [G.L.] § 21-28.6-3, within his or her residential dwelling for medical use only, in accordance with the regulations set forth in [G.L.] § 21-28.6-4.

Road means a public highway of the town or the state, or a road within a subdivision approved by the planning board in accordance with chapter 32, the town subdivision regulations.

Road line means a lot line separating a lot from an adjacent road.

Senior citizen group dwelling means an age-restricted community (individuals 55 years old and greater) that is not an in-patient rehabilitation facility.

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.

Short-term rental structure means a structure devoted to the leasing of three or more rooms or suites, such suites usually consisting of a single room with common sanitary and dining facilities.

Side yard means the area between a side lot line and a line parallel thereto drawn through the nearest point of a structure, extending from the front yard to the rear yard, or if there is no rear yard, to the rear lot line.

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.

Special use means a regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to 1956, [G.L.] § 45-24-42; formerly referred to as a special exception.

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.

Substandard lot of record means any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional or area provisions of this chapter.

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 (as defined in G.L. § 42-63.1-2).

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.

Variance means permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, that 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 this chapter 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 are not grounds for relief.

Waters means as defined in [G.L.] § 46-12-1(23).

Wetland, coastal means as defined in [G.L.] § 45-22.2-4.

Wetland, freshwater means as defined in [G.L.] § 2-1-20.

Winery means an agricultural processing facility comprising the building or buildings used to convert fruit juices to wine, and to age, bottle, store, distribute and sell said wine. A winery can include, but is not limited to, crushing, fermenting and re-fermenting, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales, and administrative office functions. Winery shall also include "farmer-winery" as specified by G.L. § 3-1-1 and G.L. § 3-6-1.1. Subject to the provisions of section 38-394.

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

Zoning map means the map, or maps, that are a part of this chapter and that delineate the boundaries of all mapped zoning districts within the physical boundary of the town.

Zoning enforcement officer means the town's building official.

Zoning ordinance means an ordinance enacted by the legislative body of the town pursuant to [G.L.] § 45-24-1 et seq. and in the manner providing for the adoption of ordinances in the town's legislative or home rule charter, if any, that establish regulations and standards relating to the nature and extent of uses of land and structures; that is consistent with the comprehensive plan of the town as defined in [G.L.] § 45-22.2-1 et seq.; that includes a zoning map; and that 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 is for a specified use. Zoning use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space and residential. Each district may include sub-districts. Districts may be combined.

(Ord. of 6-23-1994, art. II; Ord. of 3-5-1998; Ord. of 10-8-2009, Pt. 1(A); Ord. of 9-9-2010; Ord. of 2-28-2019(1); Ord. of 9-14-2023(1); Ord. of 9-14-2023(2); Ord. of 9-14-2023(6); Ord. of 4-25-2024(13))

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definitions, G.L. 1956, § 45-24-31; definitions to be provided in zoning ordinance, G.L. 1956, § 45-24-35.

Any person who violates any of the provisions of this chapter or any safeguard of condition attached to the granting of a special use permit or variance may, after being given notice in writing of such violation by the zoning enforcement officer, be fined not more than $100.00 for each offense for the first 14 days; and each day of the existence of any such violation shall be deemed a separate offense. After 14 days have expired since the date of imposition of fine, if the existence of the matter causing repeated violation is still in place, the party in violation shall be fined not more than $500.00 for each offense; and each day of the existence of any such violation shall be deemed a separate offense. Such fine to inure to the town. Immediately upon the request of the zoning enforcement officer, the town solicitor shall institute appropriate action in the supreme or superior court to restrain the violation of, or to compel compliance with, the provisions of this chapter.

(Ord. of 6-23-1994, art. XI, § 3G; Ord. of 3-14-2024(16))

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Cross reference— Administration, ch. 2.

State Law reference— Administration and enforcement of zoning ordinance, G.L. 1956, § 45-24-54.

• (a) Zoning enforcement officer (ZEO). A zoning enforcement officer shall be appointed by the town council and have the minimum qualifications of familiarity with this chapter and prior experience in the enforcement of zoning regulations. It shall be the duty of the zoning official to enforce the provisions of this chapter and to keep a record of every identifiable complaint of a violation and of any action taken in response. The zoning enforcement officer shall have the responsibilities listed in G.L. §§ 45-24-54(1)—(8).

• (b) Zoning certificate. In order to provide guidance or clarification, 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 15 days of the written request. In the event that no written response is provided within that time, the requesting party has the right to appeal to the zoning board of review for the determination. The zoning enforcement officer may require that copies of the plans, specifications and such other information as he may deem necessary be filed with the application for such certificate.

(Ord. of 6-23-1994, art. XI, § 1; Ord. of 11-9-2023(2); Ord. of 4-11-2024(27); Ord. of 9-26-2024(1))

The town clerk shall be the custodian of this chapter and the zoning maps created thereunder. The planning board shall be responsible for the maintenance and update of the text and zoning map comprising this chapter. Changes which impact the zoning map shall be depicted on the map within 90 days of the authorized changes. The planning board shall be responsible for review of this chapter at reasonable intervals; and, whenever changes are made to the comprehensive plan of the town, for the identification of any changes necessary and for the forwarding of these changes to the town council.

(Ord. of 6-23-1994, art. XI, § 2)

• (a) Applications requiring public notice. Any application or appeal filed under this chapter or chapter 32 except for those reviewed administratively shall require public notice.

  • (1) Notice requirements—Special use permits. For public notice of applications for a special use permit notice shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation in Foster. The same notice shall be posted in the town clerk's office and one other municipal building. The notice shall be made accessible on the home page of the town website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant. Notice shall specify the date, time, place, and purpose of the hearing. Notice of the hearing shall be sent by first-class mail to the applicant and to at least all those who would require notice under G.L. § 45-24-53. The notice shall also include the street address of the subject property.

  • (2) Notice requirements—Use and dimensional variances. For public notice of applications for use variances and dimensional variances notice shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation in Foster. The same notice shall be posted in the town clerk's office and one other municipal building. The notice shall be made accessible on the home page of the town website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant. Notice shall specify the date, time, place, and purpose of the hearing. Notice of the hearing shall be sent by first-class mail to the applicant and to at least all those who would require notice under G.L. § 45-24-53. The notice shall also include the street address of the subject property.

  • (3) Notice requirements—Unified development review. Notice for special use permit, development plan review, use variance and dimensional variance requests submitted under unified development review provisions shall indicate that development plan review(s), dimensional variance(s), use variance(s), and/or special use permits) are to be considered for the subdivision and/or land development project. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d) shall be held prior to consideration of the first stage of land development and/or subdivision reviews by the planning board. The planning board shall conditionally approve or deny the requests for the development plan review(s), variance(s) and/or special use permit(s) before considering the first application stage of the land development or subdivision application pursuant to G.L. § 45-23-50.1(b).

  • (4) Unified development review—Order of submissions. Requests for variances and/or requests for the issuance of special use permits related to subdivision or land development projects shall be submitted as part of the application materials for the first stage of reviews pursuant to G.L. § 45-23-50.1(b). All subdivision or land development applications submitted under the unified development review provisions of a zoning ordinance shall require a public hearing, which shall meet the requirements of G.L. § 45-23-50.1(d).

  • (5) Appeals. Notice requirements for appeals made to the zoning board of review are set forth in G.L. § 45-24-66. The timeframe for appeal by an aggrieved party is set forth in section 38-91. Notice requirements for appeals made to the superior court are set forth in G.L. § 45-24-69.1.

• (b) Notice area.

  • (1) Notice distances. Public notice of the hearing shall be sent to all property owners within a minimum of 200 feet of the subject property.

• (c) Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant. Any party may appear at the hearing in person, by agent or by attorney.

• (d) Severability. Where this section is in conflict with another section of this chapter or chapter 32, this section shall apply.

(Ord. of 1-11-2024(2); Ord. of 9-26-2024(3))

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Cross reference— Administration, ch. 2.

State Law reference— Zoning board of review, G.L. 1956, § 45-24-56 et seq.

The zoning board of review shall consist of five members appointed by the town council from among the qualified electors of the town, each for a term of five years. One member shall be appointed each year at the December meeting of the town council. No member shall be an elected official of the town nor shall any member be an employee of the town. Any vacancy which may occur in the membership of the board shall be filled by the town council for the remainder of the unexpired term. The town council shall, each year at its December meeting, name two alternate members of such board to be designated as first and second alternate and who shall sit and actively participate in hearings. The first alternate shall vote if a member is unable to serve, and the second alternate shall vote if two members are unable to serve.

(Ord. of 6-23-1994, art. XI, § 3A.)

• (a) Election of officers. At its December meeting and at intervals of the year thereafter, the zoning board of review shall organize by electing from its membership a chairperson and a vice-chairperson. The board may engage the services of a secretary within the limit of the funds available to it or it may appoint one of its members as secretary.

• (b) Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence the vice-chairperson, may administer oaths and compel the attendance of witnesses and the submission of data. An alternate member of the board shall sit in as an active member upon the request of the chairman when and if a member of the board is unable to serve at any hearing. All hearings of the board shall be open to the public.

• (c) Conducting hearings. In conducting hearings and arriving at its decision, the board shall consist of five participating members. The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of the zoning official. The concurring vote of four members shall be required to decide in favor of an application on any matter concerning a special use permit or variance, upon which it is required to pass under this chapter.

• (d) Recordkeeping. The board shall make a record of all its proceedings and actions, indicating its reasons for its decisions, the vote of each member participating therein, and the absence of a member or his failure to vote. This record shall be filed immediately in the files of the zoning board and shall be available for review by the public.

(Ord. of 6-23-1994, art. XI, § 3B.)

The zoning board of review shall have the following powers and duties:

• • (1) To hear and decide appeals within 65 days of the filing of the appeal where it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter or of any ordinance adopted pursuant hereto.

  • (2) To authorize, upon application, in specific cases, special use permits pursuant to G.L. § 45-24-42, where the zoning board of review is designated as the permitting authority.

  • (3) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance pursuant to G.L. § 45-24-41.

  • (4) To refer matters to the planning board or to other boards or agencies of the town, as the zoning board of review may deem appropriate, for findings and recommendations.

  • (5) To provide for the issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals that are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.

  • (6) To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the board may be authorized to pass under the ordinance or other statutes.

(Ord. of 6-23-1994, art. XI, § 3C.; Ord. of 2-22-2024(27); Ord. of 9-26-2024(4))

The zoning board of review shall be required to vote as follows:

• • (1) Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue.

  • (2) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is necessary to reverse any order, requirement, decision or determination of any zoning administrative officer from whom an appeal was taken.

  • (3) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this chapter, including variances and special use permits.

(Ord. of 6-23-1994, art. XI, § 3D.; Ord. of 2-22-2024(19); Ord. of 9-26-2024(5))

Application procedures for the filing of appeals, request for variances, special use permits, development plan reviews, and other applications, with the applicable permitting authority, consistent with G.L. ch. 45-24 are specified in this chapter. Application forms and provisions for submission and resubmission requirements, for each type of application required are provided for in this chapter and have been published for use and review.

(Ord. of 6-23-1994, art. XI, § 3E.; Ord. of 2-22-2024(20); Ord. of 9-26-2024(6))

The application fee shall be $100.00.

(Ord. of 6-23-1994, art. XI, § 3F.)

• (a) Following a public hearing, the zoning board of review shall render a decision within 15 days. The board shall include in its decision all findings of fact and conditions, showing the vote of each participating member, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the town clerk within 30 days from the date when the decision was rendered, and is a public record. The board shall keep written minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the administrative officer in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

• (b) Any decision by the board, including any special conditions attached to the decision, shall be mailed within one business day of recording, by any method that provides confirmation of receipt to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the zoning enforcement officer. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the city or town and mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the administrative officer. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, and to any objector who has filed a written request for notice with the zoning enforcement officer, as well as a copy to the zoning enforcement officer.

(Ord. of 6-23-1994, art. XI, § 3H.; Ord. of 2-22-2024(21); Ord. of 9-26-2024(7))

All members including alternate members, of the zoning board of review shall be required to participate in continuing education courses promulgated pursuant [to] G.L. ch. 45-70 entitled "Continuing education for local planning and zoning boards and historic district commissions."

(Ord. of 9-26-2024(8))

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State Law reference— Appeals to zoning board of review, G.L. 1956, § 45-24-64.

An appeal to the zoning board of review from a decision of the zoning enforcement officer may be taken by an aggrieved party. Such appeal shall be taken within 20 days of the date of the recording of the decision of the officer by filing a with the zoning enforcement officer from whom the appeal is taken and with the zoning board of review a notice of appeal, specifying the ground of the appeal. The zoning enforcement officer from whom the appeal is taken shall immediately transmit to the zoning board of review all the papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(Ord. of 6-23-1994, art. XII, § 1; Ord. of 10-26-2023(1); Ord. of 9-26-2024(9))

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer from whom the appeal is taken certifies to the zoning board of review, after an appeal has been filed, that by reason of facts stated in the certificate a stay would in the officer's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application and upon notice to the officer from whom the appeal is taken on due cause shown.

(Ord. of 6-23-1994, art. XII, § 2; Ord. of 9-26-2024(10))

The zoning board of review shall hold the hearing of the appeal, within 60 days of receipt of the appeal and shall give public notice, at least 14 days prior to the date of the hearing in a newspaper of general circulation. Notice of the hearing, which shall include the street address of the subject property shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under G.L. § 45-24-53. The zoning board of review shall decide the appeal within 15 days of the hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.

(Ord. of 6-23-1994, art. XII, § 3; Ord. of 10-26-2023(2); Ord. of 9-26-2024(11))

In exercising its powers the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make any orders, requirements, decisions or determinations that ought to be made, and to that end has the powers of the officer from whom the appeal was taken. All decisions and records of the board of review respecting appeals shall conform to the provisions of G.L. § 45-24-61.

(Ord. of 6-23-1994, art. XII, § 4; Ord. of 10-26-2023(3); Ord. of 9-26-2024(12))

• (a) An aggrieved party may appeal a decision of the zoning board of review to the county superior court by filing a complaint stating the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the town clerk. The decision shall be posted in a location visible to the public in the town hall for a period of 20 days following the recording of the decision in the office of the town clerk. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies, together with other facts that may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board of review are made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.

• (b) If, before the date set for the hearing in the superior court, an application is made to the court for leave to present additional evidence before the zoning board of review and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the zoning board of review, the court may order that the additional evidence be taken before the zoning board of review upon conditions determined by the court. The zoning board of review may modify its findings and decision by reason of the additional evidence and file that evidence and any new findings or decisions with the superior court.

• (c) The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the zoning board of review and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.

• (d) The court shall not substitute its judgment for that of the zoning board of review as to the weight of the evidence on questions of fact. The court may affirm the decision of the zoning board of review or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:

  • (1) In violation of constitutional, statutory, or ordinance provisions;

  • (2) In excess of the authority granted to the zoning board of review by statute or ordinance;

  • (3) Made upon unlawful procedure;

  • (4) Affected by other error of law;

  • (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

  • (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(Ord. of 6-23-1994, art. XII, § 5; Ord. of 9-26-2024(13))

• (a) An appeal of the enactment of or an amendment to this chapter may be taken to the county superior court by filing a complaint within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the town or by any group of residents or landowners of the town whether or not incorporated. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make other orders that it deems necessary for an equitable disposition of the appeal.

• (b) The complaint shall state with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.

• (c) The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.

• (d) In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within 30 days.

• (e) The superior court retains jurisdiction, in the event that the aggrieved party and the municipality do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. The superior court retains jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking exists.

• (f) The court may, in its discretion, upon the motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, including a municipality.

(Ord. of 6-23-1994, art. XIII; Ord. of 9-26-2024(14))

State Law reference— Procedure for adoption or amendment, G.L. 1956, § 45-24-51.

• (a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of G.L. § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in G.L. § 45-24-53.

• (b) Notice of the appeal shall be mailed to those parties described in G.L. § 45-24-53 within ten business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.

• (c) The notice sent for an appeal to the superior court as described in this section shall include and contain:

  • (1) The caption and civil action number of the case;

  • (2) The date the case was filed in the superior court;

  • (3) The county in which the appeal to superior court was filed;

  • (4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;

  • (5) Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;

  • (6) Language indicating that the aggrieved party will serve the named defendants;

  • (7) Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;

  • (8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by G.L. § 45-24-69 and this section; and

  • (9) The date of the notice shall be contained on the notice.

• (d) Within 20 days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:

  • (1) A complete list of all the names and addresses of the intended recipients of the notice of the hearing;

  • (2) The date the notice was sent;

  • (3) An affirmative statement verifying the notice was sent by first class mail, postage prepaid;

  • (4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;

  • (5) A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and

  • (6) A copy of the form of the notice shall be attached to the affidavit.

(Ord. of 9-26-2024(15))

Participation in a zoning hearing or other proceeding by a party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Ord. of 9-26-2024(16))

Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals subsequently taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and shall be heard and determined with as little delay as possible.

(Ord. of 9-26-2024(17))

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State Law reference— Zoning ordinance to divide town into districts, G.L. 1956, § 45-24-36.

For the purposes of this chapter, the town is divided into zoning use districts designated and described as follows:

• • (1) AR agricultural/residential. The AR agricultural/residential district is characterized by a mixture of low density residential and farming uses with certain light industrial uses requiring special use permits. Thise AR district is designed to help preserve the rural character of the town, to regulate the development of the town so that the tax base will be adequate to support necessary public expenditures, to protect land now used for agriculture and forestry from haphazard encroachment and to safeguard the health, safety and welfare of the residents of the district. Additionally, the AR district promotes the establishment of new senior citizen group dwellings. These dwellings are promoted to be located on large parcels of land dispersed throughout the town and particularly suitable for this purpose by reason of land use capability; to preserve to the greatest extent possible the existing natural landscape features and to utilize such features in a harmonious fashion; to permit the formation of senior citizen living facilities within the town only as the need for such housing can be clearly demonstrated; to permit the formation of single developments geographically spread according to established population centers in the town.

  • (2) GB general business. This district is characterized by commercial establishments on small lots that serve town-wide shopping and service needs, such as retail businesses, offices, and restaurants. This district may also include compatible residential uses. It is designed to encourage planned development resulting in a sustainable and attractive commercial environment for the community.

  • (3) M municipal. This M municipal district is the town center where the town clerk's office, the town house, the town hall, the police station, the highway department and the other municipal uses are located.

  • (4) HC2 highway commercial. This district is characterized by commercial establishments on large lots. The HC2 district promotes uses including, but not limited to: manufacturing, industrial, storage, and retail. This district may also include compatible residential uses. It is designed to encourage planned development resulting in a sustainable and attractive commercial environment for the community. Additionally, the HC2 district promotes the establishment of new senior citizen group dwellings. These dwellings are promoted to be located on large parcels of land dispersed throughout the town and particularly suitable for this purpose by reason of land use capability; to preserve to the greatest extent possible the existing natural landscape features and to utilize such features in a harmonious fashion; to permit the formation of senior citizen living facilities within the town only as the need for such housing can be clearly demonstrated; to permit the formation of single developments geographically spread according to established population centers in the town.

(Ord. of 6-23-1994, art. III, § 6; Ord. of 9-9-2010; Ord. of 10-26-2023(9))

Editor's note— An ordinance adopted Sept. 28, 2023, repealed § 38-132, which pertained to the official zoning map, and derived from an ordinance adopted June 23, 1994, art. III, § 8; and an ordinance adopted Sept. 9, 2010. See art. XII, § 38-501, for the official zoning map.

Key:

Y - Permitted use

N - Prohibited use

ADPR - Administrative development plan review

FDPR - Formal development plan review

LAND - Land development project

S - Special use permit

*No parking, signs (temporary or permanent, fixed or moveable) or structures (other than mailboxes) are permitted within 30 feet of the highway right-of-way.

The uses in the various zoning districts are as follows:

 

Any use, not expressly permitted in this article, shall be presented by the property owner to the administrative officer. Upon application for the use not expressly permitted or at a preapplication conference, the administrative officer shall immediately transmit the application to the zoning enforcement officer.

Upon receipt of an application for a use not expressly permitted or following a preapplication conference regarding a use not expressly permitted, the administrative officer and/or zoning enforcement officer shall evaluate and determine whether the proposed use is of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. If such determination is made, the application for the proposed use shall be heard as a special use permit for the use of a similar type, character, and intensity as listed in section 38-191 by the zoning board of review, or by the planning board pursuant to section 38-325 and section 3246.

If an environmental impact study is requested by the administrative officer and/or the zoning enforcement officer for the use not expressly permitted, which is found to be of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit, the study shall be conducted at the expense of the applicant and shall be included in the formal submission of the special use permit for review.

(Ord. of 6-3-1994, § 1; Ord. of 9-21-1995, § 1; Ord. of 3-20-1997; Ord. of 2-19-1998; Ord. of 11-19-1998; Ord. of 3-5-1998; Ord. of 6-21-2001; Ord. of 1-24-2002; Ord. of 9-9-2010; Ord. of 6-25-2015(1); Ord. of 7-23-2015; Ord. of 8-27-2015(1); Ord. of 1-14-2016(4); Ord. of 2-28-2019(1); Ord. of 9-7-2022;Ord. of 9-14-2023(1); Ord. of 9-14-2023(2); Ord. of 9-14-2023(4); Ord. of 9-14-2023(5); Ord. of 9-14-2023(6); Ord. of 11-9-2023(3); Ord. of 1-11-2024(3))

• (1) AR agricultural/residential district. Dimensional regulations for the AR district are as follows:

  	Single-Family Residence Structure	Other Permitted Use	Senior Citizens Group Housing
  Minimum lot size	200,000 square feet	200,000 square feet	400,000 square feet
  Minimum lot area per living unit	NA	NA	40,000 square feet
  Minimum lot frontage	300 feet	300 feet	300 feet
  Minimum lot width	300 feet	300 feet	300 feet
  Minimum front yard depth	35 feet	35 feet	35 feet
  Minimum side yard depth	50 feet	50 feet	50 feet
  Minimum rear yard depth	50 feet	50 feet	50 feet
  Maximum building coverage	3 percent	3 percent	3 percent
  Maximum building height	35 feet	35 feet	2 stories or 20 feet
  Maximum number of bedrooms per unit	NA	NA	2 bedrooms per 1 unit

 

• (2) General business district. Dimensional regulations for the GB district are as follows:

  	Any Permitted Use
  Minimum lot size	200,000 square feet
  Minimum front yard depth	35 feet
  Minimum lot frontage	300 feet
  Minimum lot width	300 feet
  Minimum side yard depth	50 feet
  Minimum rear yard depth	50 feet
  Maximum building height	35 feet
  Minimum buffer strip (side and rear yards)	30 feet
  Minimum distance of structure from AZR zoning district	50 feet
  Maximum building coverage (of net buildable area) c	25% a,b
  Maximum impervious surface coverage (of net buildable area) c	60% a,b

 

^a Provided that all parking and design requirements are met.

^b One drive-through use shall be permitted within shopping centers having less than 100,000 square feet of gross floor area, provided that common curb cuts for the center are used. The drive-through use shall not have dedicated curb cuts in addition to those utilized in access to the center. The drive-through use shall be limited to a restaurant, pharmacy, or finance institution only. The design of the drive-through use shall provide for safe vehicular and pedestrian circulation and function in a maimer that complements the center in which it is located. The use shall not create traffic hazards interior to the site or in the surrounding street network and neighborhood. It shall be properly screened and buffered to minimize impacts on surrounding properties and other uses within the center.

^c Net buildable area is defined as the total area of the applicable lot minus setbacks, buffer strips, and wetlands.

• (3) Highway commercial (2) district (HC2). Dimensional regulations for the HC2 district are as follows:

  	Commercial Uses (unless otherwise stated in this section)	Single-Family Residence Structure	Senior Citizens Group Housing
  Minimum lot size	200,000 square feet	200,000 square feet	400,000 square feet
  Minimum lot area per living unit	NA	NA	40,000 square feet
  Minimum lot frontage	300 feet	300 feet	300 feet
  Minimum lot width	300 feet	300 feet	300 feet
  Minimum front yard depth	35 feet	35 feet	35 feet
  Minimum side yard depth	50 feet	50 feet	50 feet
  Minimum rear yard depth	50 feet	50 feet	50 feet
  Maximum building coverage	25 percent or 50,000 square feet, whichever is less	3 percent	3 percent
  Maximum building height	35 feet	35 feet	2 stories or 20 feet
  Number of units per structure	NA	NA	3—10 units per structure
  Minimum buffer strip (side and rear yards)	30 feet	30 feet	30 feet
  Minimum distance of structure from A/R zoning district	50 feet	As required by setbacks	As required by setbacks
  Maximum building coverage (of net buildable area) c	25%	3 percent	3 percent
  Maximum impervious surface coverage (of net buildable area) c	60% a,b	25 percent	25 percent

 

^a Provided that all parking and design requirements are met.

^b One drive-through use shall be permitted within shopping centers having less than 100,000 square feet of gross floor area, provided that common curb cuts for the center are used. The drive-through use shall not have dedicated curb cuts in addition to those utilized in access to the center. The drive-through use shall be limited to a restaurant, pharmacy, or finance institution only. The design of the drive-through use shall provide for safe vehicular and pedestrian circulation and function in a manner that complements the center in which it is located. The use shall not create traffic hazards interior to the site or in the surrounding street network and neighborhood. It shall be properly screened and buffered to minimize impacts on surrounding properties and other uses within the center.

^c Net buildable area is defined as the total area of the applicable lot minus setbacks, buffer strips, and wetlands.

• (4) Municipal district (M). Dimensional requirements for the M district are as follows:

  	Any Permitted Use
  Minimum front yard depth	35 feet
  Minimum side yard depth	50 feet
  Minimum rear yard depth	50 feet
  Maximum building height	40 feet

 

• (5) Reserved—Municipal/historic overlay district. This subsection is reserved.

• (6) Additional dimensional regulations; uses permitted by special use permit. Any use listed in section 38-191 requiring a special use permit in the AR district shall conform at least to the dimensional regulations for other permitted use of the AR district, and to such further dimensional requirements as may be imposed for that use in this article or by the zoning board of review in granting the special use permit.

• (7) FC—Farmland/conservation overlay district. This subsection is reserved.

• (8) Utility dimensional regulations. Wells shall be setback, at a minimum, 50 feet from side and rear lot lines, and 35 feet from the front lot line. All OWTS shall adhere to the statewide buffer zone designations established under 250-RICR-150-15-3.

*No parking, signs (temporary or permanent, fixed or moveable) or structures (other than mailboxes) are permitted within 30 feet of the highway right-of-way.

NA = Not applicable

(Ord. of 6-23-1994, art. IV, § 13; Ord. of 9-9-2010; Ord. of 1-14-16(3); Ord. of 10-12-2023(1); Ord. of 3-13-2025(2))

The following uses shall not be permitted within the Town of Foster:

Acetylene gas manufacture

Acid manufacture

Adult entertainment uses involving nudity or partial nudity

Airport or heliport

Ammonia or bleach manufacture

Any use which is obnoxious by reason of the emission of gasses, odors, noise, dust, vibration or soot or by reason of the danger of fire or explosion

Asphalt manufacture of refining

Atomic energy processes and storage

Automobile, truck, or other vehicle junkyard

Brewery or distillery

Carbon black manufacture

Cement, lime, gypsum, pyroxylin, or plastic manufacture

Chlorine manufacture

Coal distillation and derivation of coal products

Commercial facilities established for the purpose of storage, processing, or disposal of organic and nonorganic waste

Commercial laundry (excepting a laundromat as provided for in section 38-191)

Commercial slaughterhouse

Creosote manufacture

Dormitory, except where accessory to a permitted use

Dry cleaning plant

Explosives manufacture

Fertilizer manufacture

Fossil fuel and nuclear power generating station

Glue manufacture

House trailer park or colony

House trailers/mobile homes (except as provided for in section 38-191)

Hydro fracking for the purpose of oil or gas extraction

Iron or steel foundry

Offal or dead animal processing, or treatment and distillation of bones, fats, or feathers

Oilcloth or linoleum manufacture

Paint manufacture

Petroleum refinery

Piggery

Potash manufacture

Racetracks of any description where a fee is charged or donations made (except as allowed under section 38-191)

Rendering or refining of fats, oils, or bones

Rubber manufacture or treatment

Smelter

Storage, processing, or disposal of hazardous waste or material

Tanning or curing of hides

Textile dyeing or finishing

Vehicle washing shop (except where public sewerage disposal is available and/or except where utilizing a water reclaim system)

Wastewater treatment facility or sewage sludge incinerator

Any use, not expressly permitted in this article, shall be presented by the property owner to the zoning enforcement officer. Upon application for the use not expressly permitted or at a pre-application conference, the administrative officer shall immediately transmit the application to the zoning enforcement officer.

Upon receipt of an application for a use not expressly permitted or following a pre-application conference regarding a use not expressly permitted, the zoning enforcement officer shall evaluate and determine whether the proposed use is of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. If such determination is made, the application for the proposed use shall be heard as a special use permit for the use of a similar type, character, and intensity as listed in section 38-191 by the zoning board of review, or by the planning board pursuant to G.L. § 45-24-46.4 and G.L. § 45-23-50.1.

(Ord. of 6-23-1994, art. IV, § 14; Ord. of 8-27-2015(3); Ord. of 9-14-2023(2); Ord. of 1-11-2024(4); Ord. of 3-13-2025(3))

--- (6) ---

State Law reference— Zoning ordinance to provide for nonconforming uses, G.L. 1956, § 45-24-39.

• (a) No lot area shall be so reduced that lot area and other dimensional regulations shall be less than prescribed for the district in which the lot is located.

• (b) Where no adjacent land is in the same ownership so as to form a larger land parcel, a lot smaller than the minimum dimensions and area required by this chapter which was a lot of record on the effective date of the ordinance from which this chapter derives may be used for a permitted use.

• (c) Minimum building setbacks, lot frontage, and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width requirements from another zoning district in the town in which the subject lot would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in the town, the setbacks, lot frontage, and lot width shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the zoning district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the minimum lot area required in the district in which it is located, the setbacks, frontage, and width shall each be reduced to 40 percent of the requirements for those dimensional standards in the same district.

• (d) 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 zoning district in which the lot is located. By way of example, if the lot area of a substandard lot only meets 40 percent of the required minimum lot area, the maximum lot building coverage is allowed to increase by 60 percent over the maximum permitted lot building coverage in that district.

• (e) All proposals exceeding such reduced or increased requirement shall proceed with a modification request under G.L. § 45-24-46 or a dimensional variance request under G.L. § 45-24-41, whichever is applicable.

• (f) No building permit shall be issued on such a lot without certification in writing from the town's building official that said lot is a substandard lot of record. In the event that a dimensional variance is necessary, the official shall certify that the lot is a substandard lot of record as part of application to the zoning board of review.

(Ord. of 6-23-1994, art. V, § 1; Ord. of 6-25-2015(2); Ord. of 2-8-2024(1); Ord. of 3-13-2025(4))

State Law reference— Substandard lots of record, G.L. 1956, § 45-24-38.

Merger of substandard lots of record has been required under prior editions of this chapter. Such merger shall continue under this edition in all zoning districts. Merger shall be required for contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent of nonconformance. Merger in all districts is determined necessary under these standards due to the town's lack of sewers and public water supply and because it is a rural town - reduced density conforms with the comprehensive plan. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50 percent of the lots within 200 feet of the subject lot, as confirmed by the zoning enforcement officer.

(Ord. of 6-23-1994, art. V, § 2; Ord. of 11-9-2023(4); Ord. of 3-13-2025(5))

• (a) Nonconformance by lawful existence. A building, structure or use of land is nonconforming if such building, structure, or use of land was lawfully existing prior to July 7, 1967, or amendment that rendered the building, structure, parcel of land or use of land out of conformance. All lots structures, or uses of land that are not lawfully established are not protected by this section.

• (b) Retroactive lawful existence not protected. For the purposes of this chapter, the creation and/or the use of a parcel of land for a particular use which was legal at the time the parcel of land was created and/or so used, shall not serve to create the lawful establishment or lawful existence of any use that was not legal at the time of creation and/or use of the land regardless of subsequent changes in allowable legal uses.

(Ord. of 6-23-1994, art. V, § 3; Ord. of 3-13-2025(6))

Where two or more dwelling houses, which were in existence prior to July 7, 1967, are located on one lot, the planning board may permit the division of the lot into separate lots for each house even though the separate lots do not conform in size and/or dimension to the minimum sizes and/or dimensions for residential use.

(Ord. of 6-23-1994, art. V, § 4; Ord. of 3-5-1998)

A lawfully established use of land, building or structure that is not a permitted use in the zoning district in which it is located is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter is nonconforming by use.

(Ord. of 6-23-1994, art. V, § 4; Ord. of 3-5-1998; Ord. of 11-9-2023(5))

A building, structure or parcel of land lawfully existing at the time of the adoption or amendment of this chapter and not in conformance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter is also nonconforming by dimension. 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, is nonconforming by dimension.

(Ord. of 6-23-1994, art. V, § 5; Ord. of 3-5-1998; Ord. of 2-8-2024(2); Ord. of 3-13-2025(7))

A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of variance or a special use permit (or a special exception) granted by the zoning board of review or the planning board, shall not be considered nonconforming for the purposes of this article, and shall not acquire the rights of this article. Rather, such building, structure, sign, parcel of land or use thereof shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this chapter, shall require a further variance or special use permit from the board.

(Ord. of 6-23-1994, art. V, § 6; Ord. of 3-5-1998; Ord. of 2-22-2024(22))

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this chapter for themselves, or for any other properties.

(Ord. of 6-23-1994, art. V, § 7; Ord. of 3-5-1998)

Nothing in this chapter shall prevent or be construed to prevent the continuation of a nonconforming use of any building, structure or use of land for any purpose to which such building, structure or use of land was lawfully established.

(Ord. of 6-23-1994, art. V, § 8; Ord. of 3-5-1998; Ord. of 11-9-2023(6))

Nothing shall prevent the performance of normal maintenance work or work necessary to comply with safety codes on a legally established nonconforming use.

(Ord. of 6-23-1994, art. V, § 9; Ord. of 3-5-1998)

A nonconforming use may be changed to a conforming use or may be changed to a different nonconforming use by special use permit.

(Ord. of 6-23-1994, art. V, § 10; Ord. of 3-5-1998; Ord. of 3-13-2025(8))

A nonconforming use, which is not a prohibited use under section 38-193, may be enlarged and/or increased in extent or intensity for the same use, provided such enlargement and/or increased extent or intensity is within the limits of the lot of record the use occupied at the time such use was lawfully established as nonconforming, and subject to the dimensional requirements of chapter 38 for the district of its location. A nonconforming use, which is a prohibited use under section 38-193, shall not be enlarged, or increased and the extent and intensity of usage of any nonconforming use shall not be increased beyond the extent and intensity of usage at the time such use was lawfully established as nonconforming.

(Ord. of 6-23-1994, art. V, § 11; Ord. of 3-5-1998; Ord. of 11-9-2023(7); Ord. of 3-13-2025(9))

If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use. If a nonconforming building or structure is voluntarily demolished, it shall not be rebuilt except in conformity with the provisions of this chapter.

(Ord. of 6-23-1994, art. V, § 12; Ord. of 3-5-1998)

• (a) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 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 planning board. Encroachments may be permitted into a setback by relief granted by the planning board in projects where the footprint is expanded to accommodate upgrades related to the building and fire codes and utilities.

• (b) For adaptive reuse projects, notwithstanding any other provisions of this chapter, 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 rooftop construction shall be included within the height exemption.

(Ord. of 1-25-2024(1))

The purpose of the supplementary regulations enumerated in this article is to set specific conditions and dimensional criteria for various uses or areas, where general regulations are not applicable.

(Ord. of 6-23-1994, art. VI (intro. ¶); Ord. of 2-8-2024(3))

The space in a front, side or rear setback shall be open and unobstructed with the following exceptions:

• • (1) An unenclosed porch may extend up to ten feet into a side or rear setback.

  • (2) Ordinary projections of windowsills, cornices and other ornamental features may extend up to five feet into any setback.

  • (3) Landscape features such as trees, shrubs and terraces may be placed in any setback. Fences shall be set a minimum of five feet back from the line.

  • (4) In GB and HC2 districts an outdoor telephone booth may be located in the front setback, provided it is adjacent to a permitted parking area.

(Ord. of 6-23-1994, art. VI, § 1; Ord. of 9-9-2010; Ord. of 10-26-2023(4); Ord. of 4-25-2024(14); Ord. of 4-24-2025(8))

Editor's note— An ordinance adopted Apr. 25, 2024, amended the title of § 38-272 to read as herein set out. The former § 38-272 title pertained to yard exceptions.

• (a) Corner lots. For the purpose of complying with section 38-192, the minimum lot frontage on both roads shall comply with the minimum lot width for the district of location. All other dimensional regulations of article IV shall apply. In the case of a corner lot with two yards not fronting on a road but adjacent to yards fronting on a road, the yard having access to the lot shall be the front yard. The rear yard shall be the yard opposite the front yard. The yard fronting a road without access shall be one side yard. The other side yard shall be the remaining yard. On any corner lot, no driveway or access way shall be constructed within 75 feet of the intersection of two road lines.

• (b) Through lots. For the purpose of complying with section 38-192, on a through lot, at least one lot frontage shall meet minimum zoning requirements for the district. The yard having access to the lot shall be the front yard. The rear yard shall be opposite the front yard. The yards which are not front and rear yards shall be side yards.

(Ord. of 6-23-1994, art. VI, § 2; Ord. of 8-27-2015(2); Ord. of 1-25-2024(2))

Editor's note— An ordinance adopted Jan. 25, 2024 amended the title of § 38-273 to read as herein set out. The former § 38-273 title pertained to corner lots.

All construction of driveways that will access town roads requires a permit from the building and zoning inspector and public works director before construction can begin.

(Ord. of 6-23-1994, art. VI, § 3)

At road intersections, in all districts, no structure shall be erected above a height of three feet above the road level, and no vegetation shall be planted and allowed to grow above a height of three feet above the road level within the triangle formed by the two intersecting road lines and a third line joining points on these road lines 15 feet from the intersection. Poles not exceeding six inches in diameter are exempt from this section.

(Ord. of 6-23-1994, art. VI, § 4)

Cross reference— Traffic, ch. 36.

• (a) Must occupy the same lot as the residence of the owner.

• (b) Building not to exceed 1,000 square feet. Requires review pursuant to section 38-395.

(Ord. of 6-23-1994, art. VI, § 5; Ord. of 11-9-2023(8))

Editor's note— An ordinance adopted Nov. 9, 2023, repealed the former § 38-276, and enacted a new § 38-276 as set out herein. The former § 38-276 pertained to lots divided by zoning district boundary, and derived from an ordinance adopted June 23, 1994, art. VI, § 5.

• (a) No on-site wastewater treatment system (OWTS) shall be located, designed, constructed, maintained, altered, or repaired except in accordance with G.L. § 23-19.5, as amended (Percolation Tests and Water Table Elevation Determinations), and 250-RICR-150-10-6, as amended, promulgated by the Rhode Island Department of Environmental Management (Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems). All OWTSs shall be evidenced by certificates and approvals as may be required by such laws and regulations.

• (b) No facility designed to leach fluid wastes into the soil and no structure shall be located near any water body, stream, brook or river except in compliance with the ISPS Law and Regulations and the Wetlands Law and Regulations (referenced below), as evidenced by such certificates and approvals as may be required by such laws and regulations.

• (c) An OWTS shall be located at least 100 feet away from a well and at least 50 feet from the property line except where the property borders a public or private road in which case the distance from the road line may be reduced to 35 feet.

(Ord. of 6-23-1994, art. VI, § 6; Ord. of 3-5-1998; Ord. of 1-14-2016(1); Ord. of 10-26-2023(5); Ord. of 4-24-2025(9))

Designs for the construction or reconstruction of any surface or subsurface drainage control systems including, but not limited to, ditches, trenches, swales, curtain drains, French drains or drainage systems intended to lower the natural water table or divert surface runoff which discharges closer than 75 feet to a boundary must be submitted to the zoning official. After a determination by the director of public works that the proposed design will not adversely impact the existing drainage system of any town road or public right-of-way by increasing the volume of water to be carried by such system, the zoning official will issue a permit for construction.

(Ord. of 6-23-1994, art. VI, § 7)

Cross reference— Soil erosion and sediment control, ch. 26.

No more than one main residential structure shall be permitted on a lot except as may be permitted under the provisions of section 38-192.

(Ord. of 6-23-1994, art. VI, § 8)

House trailers or mobile homes, so-called, whether on wheels, temporary foundations or permanent foundations shall not be permitted within the town, except as follows: trailers that were lawfully located in the town as of July 1, 1971, and replacements for such trailers; camping trailers, so called; and trailers when used as a temporary substitute residence following damage, arising from fire, windstorm or sudden casualty to a permanent residence which has made such permanent residence uninhabitable. Such temporary use of a house trailer shall continue only during repairs to the permanent residence and shall, in no event, continue for a period of more than one year from the date of the zoning and building permit allowing its location. Such temporary house trailer shall be located only on the same lot as the damaged permanent residence is located and shall comply with all dimensional requirements of the district where located. Such temporary house trailers shall be promptly removed as soon as the permanent residence shall be habitable and, in any event, within one year of the date of the permit for its location. This section shall apply only to damage to a permanent residence occurring on and after January 1, 1974.

(Ord. of 6-23-1994, art. VI, § 9)

Cross reference— Manufactured homes and trailers, ch. 16.

Multifamily dwellings are permitted by obtaining a special use permit or a comprehensive permit pursuant to G.L. 1956, ch. 45-53 in the AR, NC and GBM districts. All such multifamily uses must meet the requirements as set forth in this section.

• • (1) The minimum lot area for each multifamily use dwelling structure shall be 300,000 square feet and shall be increased in proportion to the total number of bedrooms per structure; refer to subsection (8)c of this section, except in cases where LMI housing is proposed and a density bonus pursuant to subsection (8)d is applied.

  • (2) Dwelling unit is 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.

  • (3) Each multifamily structure shall be provided with the necessary water supply and separate sewerage for sanitary and laundry facilities, all contained on the lot. All such systems shall be in conformance with the RI Department of Environmental Management Regulations currently in effect and all town regulations and standards. Where town, state and/or other standards are in conflict, the higher standards shall prevail.

  • (4) The development shall constitute an environment of sustained desirability in conformance with the policies and goals of the comprehensive community plan.

  • (5) Before a special use permit for a multifamily structure or multifamily development shall be granted, the site plan, together with supporting documents, shall be reviewed by the Foster Planning Board, after which review, the planning board shall publish a report of its findings and recommendations pertaining to the conformity of the proposed development with the comprehensive plan and the requirements of this section. Copies of this report shall be sent to the zoning board of review and to the office of the town clerk, who shall maintain copies for public inspection upon request. The zoning board of review shall grant no special use permit for multifamily developments without first receiving the aforementioned opinion of the town planning board. The building official shall grant no building permit or certificate of occupancy except for construction and occupancy in strict compliance with conditions set by the zoning board of review. Such building permits must be requested within six months of the date of approval.

  • (6) In cases where a comprehensive permit is requested by an applicant for LMI housing, the planning board shall serve as the "local board of review" pursuant to G.L. 1956, ch. 45-53 and shall follow procedures provided thereto and in the land development and subdivision review regulations.

  • (7) Procedures for applicant.

    • a. Special use permit not requiring subdivision of land. The applicant shall apply to the Foster Zoning Board of Review for a special use permit. The secretary of the zoning board of review shall forward the applicant's plans to the Foster Planning Board for review and opinion prior to the conclusion of the public hearing for the special use permit.

    • b. Special use permit requiring subdivision of land. A request for a special use permit requiring subdivision approval shall first be submitted to the Foster Planning Board under the Foster Subdivision Regulations. Upon receipt of "preliminary approval" by the planning board for the subdivision, the applicant shall then apply to the zoning board of review for a special use permit.

    • c. Comprehensive permit. Any applicant proposing to build LMI housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the zoning board. This procedure is only available for proposals in which at least 25 percent of the housing is LMI housing. The application and review process for a comprehensive permit are contained in the land development and subdivision review regulations.

  • (8) Standards for development.

    • a. Permitted uses. Only multifamily structure(s) and their accessory uses will be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, but shall not include, office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage, industrial uses, home occupations, professional office and neither storage nor overnight parking of commercial vehicles which have a capacity of over one and one-half tons.

    • b. Maximum lot coverage. The total ground area, occupied by the buildings, together with all accessory building(s), shall not exceed 20 percent of the total area of the lot.

    • c. Dimensional regulations. Each lot shall meet the following lot area and front, side and rear yard dimensions:

      1.	Maximum number of bedrooms per structure	Minimum lot area per structure (in square feet)	Minimum lot frontage (in feet)
      	2 to 4	300,000	400
      	5	325,000	400
      	6	350,000	400
      	7	375,000	425
      	8	400,000	450
      	9	425,000	475
      	10	450,000	500

 

• • • • 2. Minimum front yard depth .....100 feet

      • 3. Minimum rear yard depth .....100 feet

      • 4. Density bonus—Multi-unit structures may be allowed a density bonus of up to a maximum of eight bedrooms per acre for LMI housing as approved by RI DEM based on the soils.

    • d. Additional requirements. Additional requirements are as follows:

      • 1. The specified lot area excludes ponds, streams and other freshwater wetland areas.

      • 2. Lot frontage as defined in article I of this chapter.

      • 3. The total number of bedrooms per structure is related to the design daily sewage flow (two person occupancy per bedroom) in accordance with state DEM regulations currently in effect.

      • 4. A buffer strip is a strip 50 feet in width or depth alongside and rear lot lines that shall be maintained as a landscape buffer strip.

      • 5. No principal building shall exceed 35 feet in height or two stories. No accessory building or other permitted structure shall exceed 20 feet in height.

      • 6. Each building shall be provided with an enclosed fireproof waste pen of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and utility area shall be properly screened and buffered from all buildings and property lines. No trash shall be disposed of on the premises.

      • 7. Minimum off-street parking shall be provided and maintained as follows:

        • i. Two car spaces per dwelling unit (300 square feet per space including access, egress and general circulation).

        • ii. No parking shall be permitted within 75 feet of any boundary line or within the required minimum front yard.

        • iii. Off-street parking spaces and service drives shall be located within the boundaries of the lot being developed as a multifamily development, and provided in accordance with section 38-286.

(Ord. of 6-23-1994, art. VI, § 10; Ord. of 10-3-2009; Ord. of 9-9-2010)

• (a) ADU type and area requirements. An accessory dwelling unit (ADU) which meets the requirements [of] G.L. § 45-24-31 and G.L. § 45-24-73(a) shall be permitted in the AR, GB, and HC2 zoning districts.

• (b) ADU permitted by right. Pursuant to G.L. § 45-24-37, one accessory dwelling unit (ADU) shall be allowed by right under the following circumstances:

  • (1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

  • (2) On a lot with a total lot area of 20,000 square feet or more for which the primary use is residential; or

  • (3) 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.

• (c) ADU dimensional regulations.

  • (1) A studio or one-bedroom ADU shall be no larger than 900 square feet, or 60 percent of the floor area of the principal dwelling, whichever is less.

  • (2) A two-bedroom ADU shall be no larger than 1,200 square feet or 60 percent of the floor area of the principal dwelling, whichever is less.

• (d) ADU application. An application for an accessory dwelling unit which meets the requirements of G.L. §§ 45-24-31 and 45-24-73(a) shall be submitted according to the standards required for a single-family residential building permit. Review shall be conducted by the building official.

• (e) General ADU provisions.

  • (1) ADUs shall not be restricted based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability.

  • (2) Infrastructure improvements in connection with the ADU including, but not limited to, separate water or sewer service lines or expanded septic system capacity shall not be required unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU.

  • (3) Dimensional requirements and development standards on ADUs shall not exceed the requirements for an accessory structure in the same zoning district as the proposed ADU.

  • (4) Zoning relief shall not be required for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity.

  • (5) One off-street parking space shall be required per bedroom of the ADU.

  • (6) ADUs which meet the requirements of G.L. §§ 45-24-31 and 45-24-73(a) shall be permitted as part of applications for new primary dwelling units or subdivisions.

  • (7) For proposed ADUs that are part of a larger development proposal, such ADUs shall not count toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

  • (8) The development of ADUs shall not be restricted by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units in land zoned for residential use.

  • (9) ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in G.L. § 42-63.1-2.

• (f) ADU exceeding permitted standards as of right. An application for an ADU which is not allowed by right under G.L. § 45-24-73(a) shall be prohibited.

If requested, a zoning certificate shall be issued by the building official, pursuant to G.L. § 45-24-54.

(Ord. of 6-23-1994, art. VI, § 11; Ord. of 3-13-2025(10))

Editor's note— An ordinance adopted Mar. 13, 2025, amended the title of § 38-282 to read as herein set out. The former § 38-282 title pertained to development standards for accessory family dwelling units.

This section is reserved.

(Ord. of 6-23-1994, art. VI, § 12)

• (a) Purpose. The purpose of this section is to promote the establishment of new housing developments, particularly suited for senior citizens, within a designated R-SC district; to promote the use of land to facilitate a more economic arrangement of buildings, common facilities, vehicular circulation and utilities; to preserve to the greatest extent possible the existing natural landscape features and to utilize such features in a harmonious fashion; to allow for some flexibility in design and location of multiple structures on the same lot and to ensure a quality of construction and maintenance of the development commensurate with existing single-family dwellings within the community.

• (b) Variances. In accordance with the purpose stated in subsection (a) of this section, the town recognizes that senior citizens, as a special class of residents, have particular needs and different life styles such that a housing development proposed exclusively for this purpose may be entitled to stronger consideration regarding several variations from the multifamily dwelling requirements.

• (c) Senior citizen or elderly person defined. Senior citizen or elderly person shall mean herein a person 62 years of age or older, or a handicapped person.

• (d) Review of site plan. The planning board shall review the site plan of the proposed development to determine its conformance with the requirements of this section. Within 45 days of receipt of the applicant's final site plan and supporting documents, the planning board shall submit a written report to the zoning official stating its findings and any special requirements for approval, with a copy to the town council. No zoning certificate shall be issued without written recommendation by the planning board.

• (e) Additional R-SC regulations and standards. Additional R-SC district regulations, standards for development and special provisions are as follows:

  • (1) Each living unit shall be designed for occupancy by no more than two persons and shall be considered a single bedroom unit. Up to ten percent of the living units may be planned for occupancy by handicapped persons.

  • (2) No fewer than three, nor more than ten, living units shall be planned within a single structure.

  • (3) The maximum number of living units within any single development shall be 30.

  • (4) A private nonpublic road for the main circulation within the development shall be permitted provided it is designed and constructed in accordance with current subdivision regulation requirements governing reserved right-of-way width, width of improved roadway, storm drainage and other features.

  • (5) The entire development including the structures and land shall remain solely owned, meaning one person, firm, corporation or partnership.

  • (6) Permitted uses for senior citizens group housing may include such accessory use, attached or detached, structures directly in support of the community living concept such as a community hall, but limited to use by the residents of the development and occasional guests.

  • (7) Water supply and sewerage requirements for each structure shall be planned in accordance with section 38-277.

  • (8) The requirements for off-street parking, cited in section 38-286, may be reduced to require one car space per dwelling unit, provided additional infrequent and temporary parking can be accommodated by the roadway.

  • (9) Site plan/building design. A site plan for a proposed senior citizens group housing development shall be prepared in accordance with section 38-393. The applicant shall submit a preliminary and final site plan to the planning board as part of the review process required in section 38-393.

  • (10) A buffer strip will be maintained in accordance with section 38-281(7)d.

  • (11) Provisions for rubbish disposal will be provided for in accordance with section 38-281(7)d.4.

(Ord. of 6-23-1994, art. VI, § 13)

Drive-through uses, where permitted, shall meet the following development standards:

• • (1) There shall be adequate off-street parking and loading spaces to serve the proposed use. There must be sufficient on-site stacking areas to accommodate at least ten queued vehicles, entering the site waiting to park or approach the order window/order box, and at least three queued vehicles exiting the site.

  • (2) Any accessory drive-through window(s) shall be properly located within the parking and circulation plan to avoid any effect on traffic.

  • (3) Vehicular entrances and exits shall be controlled by curbing.

  • (4) All other dimensional and parking requirements for the site and the use shall be met.

(Ord. of 10-26-2023(6); Ord. of 4-11-2024(28))

Editor's note— An (ordinance adopted Oct. 26, 2023, repealed the former § 38-285, and enacted a new § 38-285 as set out herein. The former § 38-285 pertained to standards for commercial and industrial development, and derived from an ordinance adopted June 23, 1994, art. VI, § 14.

Cross reference— Businesses, ch. 12.

• (a) General regulations. Any structure or use erected or developed after July 6, 1967, must provide off-street parking facilities in accordance with the following regulations:

  • (1) Dwellings, one car for each dwelling unit;

  • (2) Hotels, motels, and lodging houses, one car space for every two suites or rooms;

  • (3) Office uses, one car space for every 250 square feet of floor area;

  • (4) Retail and service businesses, one car space for every 200 square feet of gross building area;

  • (5) Parking space width, nine feet;

  • (6) Restaurants, theaters, churches and other places of assembly, one car space for every five persons of capacity;

  • (7) Industrial and wholesale uses, two car spaces for every three employees; and

  • (8) All other uses, parking as may be required by review of an application under chapter 32 or this chapter.

Plans and specifications—Minimum standards. Plans and specifications for the required parking facility and its access drives shall be submitted at the time of the pertinent land development application for the main use. In allocating space for off-street parking facilities, each car space shall have a minimum width of nine feet and minimum length of 18 feet and shall be served by suitable aisles to permit access to all car spaces. In no case shall the gross area of the facility be less than 200 square feet per car space.

• (b) Off-street parking lots. Off-street parking lots of more than two motor vehicles capacity shall conform to the following standards of construction. These standards shall not apply to driveways:

  • (1) The area shall have a dust free, hard surface and shall be provided with bumper guards where needed.

  • (2) Where such area adjoins or lies within an AR agricultural/residential district, or adjoins a residential use in any other district, an opaque fence not less than four feet nor more than six feet in height, or a compact evergreen screen not less than four feet in height shall be erected and maintained between such area and the adjoining AR district or residential use.

  • (3) Lighting fixtures used to illuminate the parking area shall reflect away from adjoining property and away from adjacent traffic arteries. All lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

• (c) Commercial vehicles.

  • (1) In the GB and HC2 zoning districts, the parking or storage of commercial vehicles up to and including a class 8 vehicle class as classified by the Federal Highway Administration (FHWA) or a Heavy Duty Vehicle 8b as classified by the Environmental Protection Agency (EPA) shall be permitted.

  • (2) In the AR zoning district, the parking of three commercial vehicles, up to and including a class 6 vehicle class as classified by the Federal Highway Administration (FWHA) or a Heavy Duty Vehicle 6 as classified by the Environmental Protection Agency (EPA), registered to a permanent resident of the property or registered to the business entity employing the permanent resident at which the vehicle is parked shall be permitted.

  • (3) Overnight parking of any vehicles in the municipal zoning district shall only be permitted for vehicles registered to the Town of Foster.

(Ord. of 6-23-1994, art. VI, § 15; Ord. of 4-24-2025(10))

Cross reference— Traffic, ch. 36.

If required during land development or development plan review, commercial and industrial structures shall provide off-street loading facilities. In such cases, the regulations set forth in section 38-298 regarding screening, the regulations set forth in other applicable sections of this chapter and/or chapter 26 regarding surfacing, and all applicable lighting regulations shall apply. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a road right-of-way.

(Ord. of 6-23-1994, art. VI, § 16; Ord. of 4-24-2025(11))

Cross reference— Traffic, ch. 36.

• (a) Definitions.

Abandoned means the business structure associated with the sign has been closed, demolished, or not maintained, for a period exceeding one year.

Animated sign means any sign that uses movement or the visual impression of movement, sound, or change of lighting to depict action or create a special effect and/or scene. Such signs include, but are not limited to, those that give the impression of flashing, running, blinking, oscillating, twinkling, scintillating, expanding, or contracting. Animated signs are prohibited.

Announcement board means a board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs shall not exceed five square feet in area.

Billboard means any off-premises sign exceeding 15 square feet in area. Billboards are prohibited.

Building marker means any sign indicating the name of a building and/or date and/or incidental information about its history or construction. Such markers shall not exceed four square feet in area.

Construction sign means any sign which purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project. Such signs shall be either freestanding or attached to the structure and shall not exceed 16 square feet in area. Such signs are meant to enhance public health and safety during construction and so shall be removed upon completion of construction. Such signs shall not be erected until building permits for the relevant project are pulled. This definition does not include signs located on the premises of the general offices of a contractor.

Directional sign means any sign which purpose is to direct vehicles and/or pedestrians onto, around, and off of a premises. Such signs shall be limited to four square feet in area including any attached corporate logos or other symbols. Such signs shall be limited to three feet in height from the top of the sign to grade. A name or logo on these signs shall not comprise greater than 20 percent of the total sign area.

Directory sign means a sign which provides dedicated space for listings of two or more professional, service, business, and/or commercial activities and is designated and constructed with provision to allow changes of occupancy to be reflected on the sign. One such sign shall be permitted per building, either as a wall directory sign or as a freestanding directory sign. Freestanding directory signs are permitted in lieu of individual freestanding signs and shall not exceed 15 feet in height or 60 square feet in sign area.

Externally illuminated sign means any sign which light source is located outside of the sign and is of a continuous white light in nature. This includes, but is not limited to, spotlights and stationary floods. All externally lit signs shall be illuminated with steady, fully shielded light sources aimed directly onto the sign.

Light from external sources may not project beyond the edge of the sign face in any direction, whether onto another property or into the night sky. The intensity of sign lighting shall not exceed that necessary to illuminate a sign from the closest adjacent public right-of-way.

Freestanding sign means any sign supported by a structural device or devices that is placed on, or anchored into, the ground and that is independent from any building. One freestanding sign shall be permitted per lot with a maximum visible sign area of 40 square feet. Where more than one business is located on a lot, up to three freestanding signs shall be permitted, provided that the total square footage of visible sign area does not exceed 40 square feet. A minimum sign clearance of eight feet is required between the grade and the base of the lowest part of the sign to ensure adequate sight clearance for pedestrians and vehicles. Maximum sign height shall be 15 feet and all such signs shall be set back a minimum of ten feet from all lot lines. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements of this chapter.

Gas and service station sign means signs necessary to the operation of filling and service stations limited to the following:

• • (1) Lettering on buildings displayed over individual entrance doors shall not consist of more than one such sign centered over each entrance, and the sign area shall not exceed 12 inches in height.

  • (2) Lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price, and other signs as required by law.

  • (3) A credit card sign not exceeding one square foot in area, affixed to the building or window.

  • (4) Other signs as permitted by this section.

Government signs mean signs erected by or on behalf of the United States of America, the State of Rhode Island, and the Town of Foster, traffic controls, legal notices, or other signs required by law including all signs erected under the authority of the Town of Foster. The town shall have the ability to erect such signs without sign approval.

Internally illuminated sign means any sign, exclusive of neon signs, whose light source is located behind and/or within the sign itself or behind and/or within any individual element(s) of a sign. Internally illuminated signs shall use semi opaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign copy. Non-copy portions of the sign (e.g., background and graphics) shall be made of completely opaque material.

Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading zone," "open," "telephone," and other similar directives. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.

Incidental sign, residential means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no trespassing," "beware of dogs," and the like. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.

Institution/organization sign means a wall sign or freestanding sign whose sign display is not to exceed 12 square feet and is used on premises for church, hospital, library, museum, art gallery, historic preservation, or similar organization.

Legal nonconforming sign means:

• • (1) A sign which was erected legally prior to the enactment of this article;

  • (2) A sign which does not conform to the sign regulation requirements, for which zoning relief has been granted through the zoning board of review.

Lot frontage means roadway frontage on a local access road.

Monument sign means any sign whose base is in contact with or within one foot of the ground. Where permitted, only one monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum sign area of 50 square feet and shall be set back a minimum of ten feet from all property lines. Maximum sign height shall be eight feet. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements found in this chapter.

Moving sign means any sign moved by mechanical or natural means, such as wind. Moving signs are prohibited.

Nameplate means material on which a name and/or professional designation is inscribed or painted. Professional nameplates shall indicate a name and/or professional designation and/or affiliation and shall not exceed one square foot per professional occupant. Residential nameplates shall display the name and address of resident and shall not exceed one square foot in area. All such nameplates shall be affixed either to a door, an adjacent wall of the premises, or a lamp post/mail box.

Neon sign means an electronic sign illuminated by inert gas confined to a glass tube. Such signs may be classified as "window" signs or as "projecting" signs and must meet all definitions and requirements of those sign types as addressed in this section.

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

Off-premises sign means a sign not related or associated with the use of the property on which the sign is located. These signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property.

• • (1) Off-premises sign, commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the commercial use of the property on which the sign is located.

  • (2) Off-premises sign, non-commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the non-commercial use of the property on which the sign is located. These signs that also meet the definition of a temporary sign shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. These signs that do not meet the definition of a temporary sign are not allowed.

Principal building means the building in which the principal use of the lot is conducted. 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.

Projecting sign means any sign affixed to a building or wall in such a manner that it extends more than ten inches beyond the surface of such building or wall. Such signs shall be permitted in lieu of freestanding signs or monument signs. Only one projecting sign shall be permitted per business and shall be perpendicular to the wall to which it is attached, its nearest edge being no less than three inches and its furthest edge projecting no greater than 48 inches from the wall. The projecting sign shall have a maximum sign area of ten square feet and its lowest edge shall be a minimum of eight feet from the ground.

Real estate sign means any sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. Residential real estate signs shall be permitted for individual residential properties and for residential subdivisions, and shall not exceed 20 square feet in area. Only one residential real estate sign per lot and/or subdivision shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 60 square feet in area. All residential, commercial, and industrial real estate signs shall be removed within two weeks of the sale or lease of the associated property, unit, or entire subdivision. Signs must be non-illuminated, constructed of durable materials, and placed only on the property for sale, rent, or lease.

Sign means any device, fixture, display, placard, or structure that uses any color, form, graphic, illumination, symbol, and/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. A wall sign shall consist of both a sign face and a bracket. A freestanding sign shall consist of the sign face(s), bracket(s), post(s) and frame. A monument sign shall consist of the sign face(s) and support base.

Subdivision identification sign means one freestanding permanent sign may be installed at all exclusive entrances to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on town-owned or controlled land.

Temporary sign means any sign not permanently installed or any sign only intended for use for a limited period of time. Such signs shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. Temporary signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property. Such signs shall not remain in place for more than 120 days.

Town refers to all governmental entities of the Town of Foster.

Wall sign means any sign attached parallel to, but within ten inches of a wall, painted on the wall surface, 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 and is supported by such wall or building. One such sign shall be permitted per business per building face with a maximum of three per business. The maximum width of the sign display shall not exceed 70 percent of the linear frontage associated with the business unit. This provision shall only apply to those businesses located within the main structure(s) and shall not apply to any other freestanding structures (i.e. pad sites, kiosks, outbuildings, etc.). All wall signs must be directly associated with the business, entity, or enterprise located within the building or structure to which they are attached, painted, or erected as described above. Any wall signs that are not directly associated with said business, entity, or enterprise are strictly prohibited.

Window sign means any sign that is placed inside a window or upon the window panes or glass (exclusive of merchandise display). Permanent window signs may be applied to, painted on, or attached to the inside of each window associated with a business. The area of such window signs shall be counted toward the maximum visible sign area. All window signs shall not exceed 25 percent of the total window area. Such signs must not be illuminated when the business is closed. Electronic or LED monitors (such as TV screens) shall not be used as window signs.

• (b) Computations. The following principles shall control the computation of sign area and sign height:

  • (1) Sign display. The sign display is a portion of the permitted sign area. The area of a sign display shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display.

  • (2) Sign area, single-faced 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 as the area of sign 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.

  • (3) Sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign pole at normal grade to the top of the sign area. The height of a monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the sign area. Normal grade shall be construed to be the lower of:

    • a. Existing grade prior to the construction; or

    • b. The newly established grade after construction.

• (c) General regulations.

  • (1) Changes to nonconforming signs. Enlargement or relocation of legal nonconforming signs requires additional approval from the zoning board of review.

  • (2) Rhode Island Building Code. Within all zones and districts, all signs shall comply with applicable provision(s) of the Rhode Island State Building Code and the National Electric Code.

  • (3) Sign maintenance. Within all zones and districts, all signs shall be maintained in good structural condition in conformance with this article (unless otherwise allowed through the zoning board of review) at all times.

  • (4) Landscaping requirements. For the purposes of this article, "landscaping" shall include any combination of living plants such, as grass, ground cover, shrubs, vines, or hedges and nonliving landscape materials such as rocks, pebbles, sand mulch, or decorative paving material. In the case of freestanding or monument signs, the requirement shall be that the area immediately underneath the sign and the entirety of an area extending two feet radially from the sign base or supports shall be landscaped. Landscape materials may not obstruct the view of the sign message.

  • (5) Illumination. Externally lit signs are allowed in all zones, provided they are oriented such that the light is directed away from any adjacent properties and traffic arteries and is of a continuous white nature. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area. A sign shall only be illuminated during the hours of operation of the use, business or activity being identified or advertised up to one hour after closing.

  • (6) Alterations. Any legally existing sign (including legal nonconforming sign) may be altered either to update the sign content or to reflect new information, provided that the alteration does not result in any change in the sign's extent, location, or illumination.

• (d) Sign table.

  Y = Permitted	GB = General Business
  N = Prohibited	M - Municipal
  AR = Agricultural/Residential	HC2 = Highway Commercial (2)

 

 

• (e) Regulations by zone.

  • (1) Agricultural/residential (AR).

    • a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).

    • b. Height. No sign shall be greater than five feet in height.

    • c. Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.

    • d. Total sign area. No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).

  • (2) General business (GB).

    • a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.

    • b. Height. No sign shall be greater than 20 feet in height.

    • c. Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.

    • d. Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).

  • (3) Municipal.

    • a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).

    • b. Height. No sign shall be greater than five feet in height.

    • c. Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.

    • d. [Total sign area.] No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).

  • (4) Highway commercial (2) (HC2).

    • a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.

    • b. Height. No sign shall be greater than 20 feet in height.

    • c. Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.

    • d. Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).

• (f) Prohibitions. For the purposes of regulating unauthorized signage, protecting the health, safety, and welfare of residents, promoting the safety of the traveling public, protecting existing property values, preventing the overcrowding of land, encouraging positive economic development, and promoting a positive community appearance as part of a concerted effort to protect and enhance the aesthetics of the town for the enjoyment of all citizens, certain sign types are not allowed. It is recognized here that, unlike on-premises signs which are actually associated with the use of the property where the sign is located, "off-premises signage" is separate and distinct and thereby unrelated to the use of the property where the sign is located. With a view to this distinction, and in furtherance of the above stated goals, off-premises signs are regulated differently from on-premises signs.

In addition to the signs described as prohibited under the sign table, the following signs and sign materials are also expressly prohibited:

• • (1) Signs which are attached to natural features, stone walls, utility poles, utility boxes, traffic signs, fences, or highway structures. This does not include residential incidental signs.

  • (2) Signs attached to or placed on or against trailers or vehicles, whether registered or unregistered. This does not include signs adhered or painted onto vehicles.

  • (3) Signs in the public right-of-way, except for those installed by the government.

  • (4) Signs which imitate, and may be confused with, an official traffic control sign or signal, or an emergency or road equipment vehicle.

  • (5) All other signs which have not been expressly permitted within this chapter.

  • (6) All existing signs erected without the necessary approvals and/or permits.

  • (7) Off-premises signs, commercial use including billboards.

  • (8) Moving devices, such as pennants, ribbons, streamers, spinners, or the like.

  • (9) Roof-mounted signs.

  • (10) Signs with any statement, symbol, or picture of an obscene nature.

Additional signs prohibited. The total number of permitted exterior signs at any business shall not exceed four. This number shall include any combination of wall signs, freestanding signs, monument signs, and projecting signs.

• (g) Nonconforming signs. A sign shall lose its legal nonconforming status when:

  • (1) The sign is enlarged or reduced without approvals.

  • (2) The sign is relocated without approvals.

  • (3) The sign shall not have been repaired or properly maintained within 30 days after written notice to the effect has been given by the building official and/or director of planning, or their designees.

  • (4) The sign structure is removed and replaced with another nonconforming sign, regardless of its size.

  • (5) The business structure associated with the sign has been abandoned and demolished. A sign shall not lose its legal nonconforming status when:

    • a. A wall sign is removed for construction, painting and/or restoration of the building, provided that the sign is returned to its location within 30 days of completion of the building work.

    • b. The sign is removed to facilitate repair, maintenance and/or repainting and replaced immediately upon completion of such work.

• (h) Enforcement.

  • (1) Permanent signs require a sign permit, excepting residential incidental signs. Applications are available from the building official.

  • (2) A sign shall be considered in violation of the provisions of this article if:

    • a. It is prohibited.

    • b. It loses its nonconforming status.

    • c. It is considered abandoned.

    • d. It is considered unsafe or unsecure.

      • 1. The zoning enforcement officer will follow violation procedure as outlined in section 38-3.

      • 2. Notwithstanding the provisions of subsection l above, a sign may be removed if reasonable efforts to contact the owner have been unsuccessful and the sign constitutes an immediate threat to safety of persons or property as determined by the zoning enforcement officer or a designee.

(Ord. of 6-23-1994, art. VI, § 17; Ord. of 1-14-16(2); Ord. of 10-12-2023(2))

• (a) No construction, excavation or other ground disturbing activity is permitted within 25 feet of a cemetery except in compliance with the following provisions pursuant to G.L. § 23-18-11:

  • (1) The boundaries of the cemetery are adequately documented and there is no reason to believe additional graves exist outside the recorded cemetery and the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or

  • (2) The proposed construction or excavation activity has been reviewed and approved by the city or town in accordance with [G.L.] § 23-18-11.1.

• (b) Ordinary road maintenance on town roads shall be exempt from these distance requirements, except that such road construction shall not undermine or destroy a cemetery. In addition, excavation on a property shall not undermine or destroy any cemetery, burial ground or any structures or gravesites located therein. This section shall not apply to the ordinary installation of gravesites, monuments, markers or mausoleums.

• (c) When an application for any project or development involving construction, excavation or other ground disturbing activity is filed on a property or portion of right-of-way or portion of proposed right-of-way directly abutting a cemetery of which the boundaries are not adequately documented and there is reason to believe additional graves exist outside the recorded cemetery and/or the proposed construction or excavation activity may damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment it shall be considered an application for alteration or removal of a historic cemetery pursuant to [G.L.] § 23-18-11.1.

• (d) For applications for alteration or removal of a historic cemetery, the agency or property owner must apply to the town council for a permit to alter or remove. The standards for alteration or removal of a historic cemetery include the following:

  • (1) The applicant has examined all alternatives, and demonstrated to the permitting authority that no prudent or feasible alternative to the proposed alteration is possible; and

  • (2) Notification of the proposed alteration has been given to local parties of interest, as identified in G.L. § 23-18-11.1(a)(2) following the process found in section 32-50; and

  • (3) The town council has provided for due consideration of the rights of descendants in any application to substantially alter or remove a historic cemetery. Thereafter:

• (e) When an application for alteration or removal of a historic cemetery has been made and the boundary is unknown or in doubt the applicant, at its own expense shall conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration of the application to alter or remove.

• (f) After due consideration, the town council may grant the application to alter or remove the historic cemetery on whole or in part, under the supervision of an archaeologist and with any restrictions and stipulations that it deems necessary to effectuate the purpose of [G.L.] § 23-18-11.1 and this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the town council shall have the right of appeal concerning the decision to the superior court and from the superior court to the supreme court by writ of certiorari.

• (g) Nothing in this section shall be deemed to contravene the authority of municipal bodies under G.L. § 45-5-12 to hold, manage, repair, or maintain any neglected burial ground.

• (h) Private road construction shall not undermine or destroy a cemetery. In addition, excavation on a property shall not undermine or destroy any cemetery, burial ground or any structures or gravesites located therein. This chapter shall not apply to the ordinary installation of gravesites, monuments, markers or mausoleums.

(Ord. of 6-23-1994, art. VI, § 18; Ord. of 1-25-2024(3); Ord. of 4-24-2025(12))

For animals exceeding 35 on five acres or less: five additional animals for each additional acre over five acres (section 38-191(2)(b), agricultural use), a waste management and removal plan shall be submitted to the building official.

No land development approval or waiver for a kennel shall be granted or issued unless a waste management and removal plan is filed before or in conjunction with the land development submission and approved by the planning board or administrative officer. No renewal of a kennel license shall be granted unless a waste management and removal plan is on file at the time of the application for renewal and approved by the town clerk or town council, whichever is applicable.

(Ord. of 6-23-1994, art. VI, § 19; Ord. of 4-11-2024(29))

Cross reference— Animals generally, ch. 8.

• (a) Purpose. The purpose of this section is to provide guidelines for the siting of towers and antennae that are consistent with the rural character and land uses of the town. The goals of this section are to:

  • (1) Establish the location of towers and minimize the total number of towers throughout the community, while providing seamless coverage.

  • (2) Maximize location of antennae on existing structures, and require the joint use (collocation) of new and existing towers in order to minimize or mitigate any adverse impact on the town.

  • (3) Facilitate the use of public property and structures for the siting of towers and antennas.

  • (4) Establish that towers located in the agricultural, residential and municipal zones will be alternative tower structures that are complimentary to the existing character of the surrounding environment, if possible.

• (b) Applicability. No communications antenna array or communications tower shall be erected, constructed, altered, or maintained on any lot within the town after the November 19, 1998, without complying with the terms of this section. No communications antenna array or communications tower shall be erected, constructed, altered or maintained on any parcel designated as permanent open space held in trust by the town or by the Town of Foster Land Trust.

• (c) Development standards. The following development standards for communications towers and antennas shall apply, but not limit the authority of the zoning board of review under section 38-63.

  • (1) General. Towers and antennas shall be subject to review as a major land development plan and is to include a commercial and industrial development site review by the planning board as provided in section 38-394.

    • a. Town-owned sites or facilities that are located in the prospective development area which could potentially accommodate the proposed antennas and tower shall be considered first and given priority for locations of said antennas and/or tower.

    • b. In the event town-owned sites or facilities are not available, the applicant shall make a reasonable effort to utilize existing structures or alternative tower structures for location of antennas. Should an existing structure not be utilized, evidence as to why shall be submitted.

    • c. All towers, antennas, equipment shelters and any other communications equipment which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such tower, antennas, equipment shelter and any other communications equipment shall remove the same within 90 days of the sending of notice from the building official. If such tower, antenna, equipment shelter and any other communications equipment is not removed within said 90 days, the town may take any necessary action to remove said tower, antenna, equipment shelter and any other communications equipment at the owner's expense.

  • (2) Submission requirements.

    • a. The applicant shall comply with the submission requirements of chapter 32 and the requirements of section 38-394.

    • b. The applicant shall submit a master plan covering the entire town. The plan shall indicate all existing, proposed, or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided. The plan will also indicate the zoning district, current use, and neighboring uses for all such sites.

    • c. Towers shall be built so as to facilitate collocation and co-use of antennas. The applicant shall indicate how the site will be designed to collocate future carriers, and how many of such carriers can be technically accommodated. Consideration shall be given to the collocator of multiple antennas on one tower and technologies which allow co-use of a single antenna to maximize the number of carriers on a given structure.

    • d. The application shall contain a statement that if the site will physically support collocation and the locator is willing to sign a commercially reasonable lease, it shall be allowed to collocate.

    • e. Tower bases and their accessory structures shall be enclosed by a maintenance-free fence no less than six feet in height or more than eight feet in height from finished grade. Access shall be through a locked gate.

    • f. Towers shall not be artificially lighted except as required for public safety reasons by the FAA, or by the town. All exterior lighting shall be full cutoff lighting.

    • g. No signs shall be allowed on any towers except as required for public safety reasons and must be located within eight feet of the ground.

    • h. The tower owner shall have the tower inspected for structural integrity in accordance with the state building code on an annual basis by a state-registered professional engineer. This inspection report is to be forwarded to the building official.

    • i. This section shall not apply to any tower or antenna installation which is owned and operated by a federally licensed amateur radio operator, which tower or antenna does not exceed 70 feet in height. The term "federally licensed" means having a valid and active federal amateur radio license in compliance with all applicable federal laws, regulations and ordinances and having provided evidence of such compliance with the town clerk.

  • (3) Location.

    • a. Proposed tower locations shall be situated in such a manner as to minimize visual impacts upon sensitive receivers, including, but not limited to: National Register Historic Districts, Scenic Roads and Highways, as listed in the Town of Foster Comprehensive Plan. Viewshed analysis is required to establish the visibility of any tower, alternative tower, or development proposal.

    • b. Setback requirements for towers from all property lines shall be sufficient such that in the event of any failure of the tower, the tower and all related accessories will fall within the property limits. In no case shall the setbacks be less than one-half foot per one foot of any height. Guy-wire supported structures and their guy supports shall be adequately protected and shall be setback from all property lines the minimum of the zoning district in which they are proposed but no less than 50 feet. The applicant will provide documentation, prepared and certified by a registered professional engineer to justify all setback dimensions.

    • c. Equipment buildings are considered as accessory buildings and shall comply with the applicable setbacks of the underlying zone.

    • d. The maximum height for a tower free standing or guyed shall be 190 feet.

  • (4) Construction criteria.

    • a. Plantings shall be of such a height and density to provide complete screening at ground level as viewed from the public road and abutting property lines. Existing vegetation shall be preserved to the maximum extent possible and may be used as a supplement towards meeting the screening goal. The owner of the property shall be responsible for all maintenance and shall replace all dead plantings within 30 days.

    • b. If an antenna is installed on an alternative tower structure, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the alternative tower structure so as to make the antenna and related equipment as visually unobtrusive as possible.

    • c. Tower bases and their accessory structures shall be enclosed by a maintenance-free fence no less than six feet in height or more than eight feet in height from finished grade. Access shall be through a locked gate.

    • d. Towers shall not be artificially lighted except as required for public safety reasons by the FAA, or by the town. All exterior lighting shall be full cut-off lighting.

    • e. No signs shall be allowed on any towers except as required for public safety reasons and must be located within eight feet of the ground.

    • f. The tower owner shall have the tower inspected for structural integrity in accordance with the Rhode Island Building Code on an annual basis by a Rhode Island registered professional engineer. This inspection report is to be forwarded to the Foster Building Official.

    • g. This section shall not apply to any tower or antenna installation which is owned and operated by a federally licensed amateur radio operator, which tower or antenna does not exceed 70 feet in height. "Federally licensed" means having a valid and active federal amateur radio license in compliance with all applicable federal laws, regulations and ordinances and having provided evidence of such compliance with the town clerk.

(Ord. of 11-19-1998; Ord. of 1-24-2002; Ord. of 11-9-2023(9))

• (a) Purpose. Regulate the development of solar energy systems by providing standards for placement, design, construction, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, and are compatible in the areas in which they are located and are consistent with the Foster comprehensive plan.

• (b) Definitions.

Brownfield means a property where a known or suspected release of petroleum and/or hazardous material presents a barrier to the sale, reuse or redevelopment of the site, or where uncertainty on the costs of remediation adversely impacts the value of the property.

Ground-mounted solar installation means a solar installation that is structurally appended to the ground and is not supported to a structure or building.

Major solar installation means a solar installation designed primarily to sell electricity to a utility supplier, or a solar installation exceeding 40,000 square feet or greater. Solar installations, not located on a brownfield larger than 40 acres are prohibited. Battery energy storage systems or methods associated with battery energy storage systems meeting the sale and/or size requirements referenced in the definition for "major solar installation" are considered major solar installations.

Medium solar installation means a solar installation designed to only service the property which the solar installation is located and is larger than 1,750 square feet and under 40,000 square feet. If the solar installation is 40,000 square feet, it will be considered a major solar installation. Battery energy storage systems or methods associated with battery energy storage systems meeting the service and size requirements referenced in the definition for "medium solar installation" are considered medium solar installations.

Minor solar installation means a solar installation designed to primarily service the property on which the solar installation is located with a 1,750 square foot area or less. Battery energy storage systems or methods associated with battery energy storage systems meeting the service and size requirements referenced in the definition for "minor solar installation" are considered minor solar installations.

Roof-mounted solar installation means a solar installation that is structurally appended to the roof of a building or structure.

Solar installation means a power system used to supply power by converting sunlight into electricity by means of photovoltaics, the harnessing of solar energy to generate thermal energy, the use of concentrated sunlight to drive a traditional steam turbine.

Solar land coverage means the total footprint of land occupied by all components of a solar installation, but not limited to solar panels, mounting equipment, ancillary components, inter-row and panel/collector spacing, access, and all other areas within the required perimeter security fencing.

Terrain masking means using the physical features of land such as hills, and/or berms to obscure year-round line-of-sight of the entire solar installation.

• (c) Minor solar installation. A minor solar installation is permitted in all zones, provided such solar installation:

  • (1) Shall meet all applicable zone requirements including, but not limited to, lighting, setbacks, signage, and height;

  • (2) Ground-mounted shall not exceed 12 feet in height; roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district, shall not conflict in shape and proportion with the existing roof, nor extend the footprint of the structure;

  • (3) Shall require a building permit after submission and approval of layout and design; and

  • (4) Shall be in compliance with state building and state electrical codes.

• (d) Medium solar installation. A medium solar installation requires, in all zones, a major land development approval from the planning board. The accompanying site plan review shall adhere to the development standards set forth in this section and the requirements of section 38-394 shall not be applicable. A medium solar installation shall require a building permit prior to construction and adhere to the following:

  • (1) Setbacks.

    • a. Solar installation setbacks shall be situated in a way that will completely obscure the development in all seasons from the road and all abutting properties using either terrain masking, undisturbed vegetation, and/or landscaped vegetation.

    • b. Medium solar installations shall at the minimum maintain a 200-foot setback from all adjacent property lines and roadways unless there is a finding by the zoning board of review that a 100-foot setback from all adjacent property lines and roadways or terrain masking has adequately obscured the installation from view from all adjacent properties and roadways. Landscaping in the landscaping plan may include this 200-foot setback.

  • (2) Height.

    • a. Ground-mounted solar installations shall not exceed 12 feet in height.

    • b. Roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district.

  • (3) All installations shall be in compliance with the state building code and the state electrical code, and shall be subject to periodic inspections by the Foster building official. All relevant installation components must have an UL listing or equivalent.

  • (4) Security fencing.

    • a. Any fencing around the installation shall be black, green, brown, or another natural color that blends into the vegetative surroundings.

    • b. Barbed wire is prohibited.

  • (5) Lighting. All lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

• (e) Major solar installation. A major solar installation requires, in all zones, major land development approval from the planning board. The accompanying site plan review shall adhere to the development standards set forth in this section and the requirements of section 38-394 shall not be applicable. A major solar installation shall require a building permit prior to construction and adhere to the following:

  • (1) Design standards.

    • a. Solar installation applications shall include: the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, an emergency response and training plan, a decommission plan, utility approval, proof of liability insurance, and the contact information for the project owner, the project operator and contractors.

    • b. Additional documents may be required by the planning board or by the zoning board of review.

    • c. The planning board may waive requirements of the land development review process upon written request of the applicant at preapplication.

    • d. Solar panels and any of its casings and wiring shall not produce glare.

  • (2) Land evidence records/recording requirements.

    • a. Any memorandum of lease, easement, or utility/distribution agreements and any amendments, modifications, and/or extensions to the same shall be submitted with the installation application and shall be recorded in the land evidence records in the Town of Foster after planning board and zoning board of review approvals.

    • b. If a surety bond is posted to secure the decommissioning cost of the solar installation, pursuant to subsection (13), abandonment or decommissioning, herein a lien for the cost of decommissioning the solar installation shall be recorded in the land evidence records against the parcel until such time at the solar installation is decommissioned.

  • (3) Setbacks.

    • a. Solar installation setbacks shall be situated in a way that will completely obscure the development in all seasons from the road and all abutting properties using either terrain masking, undisturbed vegetation, and/or landscaped vegetation. The landscaped plan shall be approved by the planning board as referred to in subsection (5) herein, landscaping plan.

    • b. Major solar installations shall at the minimum maintain a 200-foot setback from all adjacent property lines and roadways unless there is a finding by the zoning board of review that a 100-foot setback from all adjacent property lines and roadways or terrain masking has adequately obscured the installation from view from all adjacent properties and roadways. Landscaping in the landscaping plan may include this 200-foot setback.

  • (4) Height.

    • a. Ground-mounted solar installations shall not exceed 12 feet in height.

    • b. Roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district.

  • (5) Landscaping plan.

    • a. Any landscaped vegetated buffer shall have staggered row plantings for viewshed masking from all adjacent properties and roadways, using a mix of at least eight-foot evergreens with complete understory vegetation coverage such as rhododendrons and other deer-resistant native plants.

    • b. As part of the major land development process, a landscaping plan shall be prepared by a Rhode Island licensed landscaping architect and approved by the planning board. Native pollinator-friendly seed mixes and native plants shall be used to the maximum extent possible. Said plan shall also specify the management of understory and naturally occurring vegetation, including a method that will not use chemicals or herbicides or harm water quality on- or off-site.

    • c. A performance bond to cover the installation cost and maintenance expenses of the approved landscaping plan shall be required for a period of at least five years after installation. The posting of said performance bond shall be required for the issuance of any building permit.

    • d. Independent third-party cost estimates by a Rhode Island licensed landscaping architect shall be submitted as part of the major land development process and the landscaping plan at the expense of applicant.

    • e. The landscaping plan should show minimal re-grading, and limit removal of existing materials including topsoil.

  • (6) Minimize clearing. Clearing shall be limited to only those area(s) that are necessary for the construction, operation and maintenance of the facility. Vegetative cover shall be maintained to prevent soil erosion.

  • (7) All installations shall be in compliance with the state building code and the state electrical code and shall be subject to periodic inspections by the Foster building official. All relevant installation components must have an UL listing or equivalent.

  • (8) All electrical connection and distribution lines within the installation shall be underground or located entirely within a structure. Electrical equipment between the installation and the utility connection may be above-ground if required by the utility with approval by the planning/zoning board.

  • (9) Security fencing.

    • a. A fence shall surround the perimeter of the installation of no less than six feet in height and shall be black, green, brown, or another natural color that blends into the vegetative surroundings.

    • b. Barbed wire is prohibited.

    • c. The fence shall be at least four inches off the ground to allow small animals to pass underneath and be low enough to prohibit children from being stuck or going underneath the fence.

    • d. New fences shall be flagged to protect both the fencing and wildlife for at least six months.

  • (10) Emergency access. Reasonable accessibility for emergency service vehicles shall be required along with a training plan for emergency responders.

  • (11) Signage. No signs are allowed on the security perimeter fencing except to display the installation name, address and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.

  • (12) Lighting. All lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

  • (13) Abandonment or decommissioning.

    • a. It is the responsibility of the parcel owner to remove all obsolete or unused systems within six months of cessation of operations. Reusable components are to be recycled whenever feasible.

    • b. Within six months after the removal of the solar installation system, the owner shall either plant a native species tree seedling for each solar panel removed or have a planning board approved development plan.

    • c. A cash or surety bond to cover the cost of removal shall be required and shall be posted prior to the issuance of any building permits. The decommissioning bond shall not include offsets for recycling and/or sale of decommissioned parts. The decommissioning bond shall include the cost of purchase and planting tree seedlings for each solar panel in the installation. An independent third-party cost estimate shall be submitted as part of the major land development process at the expense of applicant. A revaluation of decommissioning costs will take place after ten years with approval of the planning board. If an increase is needed, additional cash or surety will be required at that time.

    • d. If the decommission bond is posted via a surety bond, in the event ownership of the parcel and/or the solar installation is transferred or sold, it shall be the responsibility of the parcel owner to ensure that the posted decommissioning surety bond remains in full force and effect or that a new surety bond is issued in its place. In order to guarantee the continued viability of the surety bond, the parcel owner shall consent to the town's recording of a lien against the parcel for the decommissioning cost.

  • (14) Operation and maintenance plan. Solar installations shall submit an operation and maintenance plan that details how the installation will be operated and maintained in good condition, at a minimum, shall address:

    • a. Site access maintenance.

    • b. Vegetation management to maintain the required vegetated buffer and appropriate pollinator-friendly vegetative ground cover.

    • c. Equipment and fence maintenance.

    • d. Any other maintenance that may be needed to address town requirements imposed due to unique site conditions.

    • e. Stormwater management and maintenance plan will be required.

    • f. Not using dust suppressants on solar panels.

  • (15) Environmental concerns.

    • a. Any applicant proposing a solar energy system that includes clearing more than 40,000 square feet of forested area shall assess the impacts of the forest loss and how the impacts can be mitigated. At a minimum, the following issues must be addressed: Water quality, habitat, carbon sequestration and storage and adjacent properties.

    • b. Any clearing or site work on a property occurring within two years of the date of an application for a major solar installation shall be considered part of the major solar installation for the purposes of the foregoing analysis and findings.

  • (16) Solar land coverage.

    • a. In the AR, GB, and HC2 districts, the solar land coverage plus any additional or existing structures on the lot shall not exceed 40 percent of the land suitable for development of the lot unless the solar installation is being installed on a brownfield, in which instance there shall be no restrictions on solar land coverage.

    • b. There are no restrictions on solar land coverage in the M district and the planning board shall have the authority to require mitigations to maintain aesthetic appeal.

• (f) Incentives. Pursuant to [G.L.] § 44-3-21, a property meeting the following criteria shall be exempt from tangible taxation, and such exemption shall be applied for, verified by, and filed with the town's tax assessor:

  • (1) The additional cost or value of any solar installation which is being utilized as a primary or auxiliary power system for the sole purpose of supplying the energy needs of the property on which it is located.

(Ord. of 7-23-2015, art. VI, § 23; Ord. of 10-8-2020(1); Ord. of 10-26-2023(7))

• (a) Purpose and definition. The purpose of this section is to encourage and support the protection and preservation of historic stone walls located in the Town of Foster; to establish general provisions for the alteration of such stone walls within the land development and subdivision, variance and special use, and permit application review processes; and to suggest guidelines for the rebuilding of stone walls or building of new stone walls.

Historic stone walls, defined as a structure of stones gathered and constructed by earlier generations into a purposeful formation and often intended to designate property boundaries or to identify and separate agricultural activities on a farm, were typically constructed before 1950.

Historic stone walls are valued as important parts of Foster's landscape and heritage; as artifacts of the unique agricultural past of the region and the harsh demands of farming in New England; as visual reminders of farms, cattle and wagon lanes, settlement patterns, and land use; and as functioning elements of the landscape and woodland habitat.

Ensuring a balance between preservation of the rural heritage and character of the Town of Foster, as represented by historic stone walls, and respect for private property rights is of utmost importance. It is in the public interest to both minimize any restriction of the rights of property owners while protecting and preserving historic stone walls and encouraging the rebuilding of stone walls or building of new stone walls.

• (b) General provisions—Historic stone walls.

  • (1) The proposed alteration, relocation, excavation, dismantling, or demolition of a historic stone wall (or part thereof) shall be identified on any site plan submission that is required by:

    • a. Application to the planning board as part of the minor or major land development and minor or major subdivision review process.

    • b. Application to the zoning board of review or planning board as part of the variance or special use permit process.

    • c. Application to the building official as part of the building permit process.

    • d. Application to public works as part of the driveway permit process.

    • e. Application to the planning board as part of the development plan review process.

  • (2) Site plan submission shall include specific information as to the nature of the construction, excavation, or demolition project; the location and general condition of the existing historic stone wall(s) on the property, relative to the project; and the anticipated impact of the project on the historic stone wall(s).

  • (3) The reviewing entity and applicant shall seek to find an alternate location of the use or project proposed to alter, relocate, excavate, dismantle, or demolish the historic stone wall. If no beneficial alternative is found to be possible, a plan to minimize the disturbance and/or mitigate the impact shall be substituted, such as:

    • a. Abbreviating the cut-throughs as much as possible.

    • b. Rebuilding, repairing, replacing, or relocating disturbed portions of the wall(s) in a manner that reasonably approximates the material and methods of the originals, using as many of the original stones as possible.

    • c. Restoration of the ends of any such walls.

  • (4) Any public works project initiated by the Town of Foster that is likely to affect abutting historic stone wall(s) not subject to a formal review process as required in subsection (b)(1) of this section shall give prior notice to the property owner.

• (c) Suggested guidelines—Other stone walls.

  • (1) Rebuild stone walls and/or build new stone walls similar to those constructed by earlier generations, using native field stone and methods that approximate historic stone walls.

  • (2) Rebuild, rather than dismantle, historic stone walls not subject to a formal review process as required in subsection (b)(1) of this section that are in disrepair with construction materials and methods that approximate the originals or leave them as-is.

  • (3) Develop plans to minimize the impact on any stone walls during the planning phase of any construction, excavation, or demolition project not subject to a formal review process as required in subsection (b)(1) of this section.

• (d) Theft of historic stone walls.

  • (1) Definition. Pursuant to G.L. § 45-2-39.1, an historic stone wall shall be defined as "a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines." This definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.

  • (2) Penalties for theft. Anyone convicted of the theft of an historic stone wall, pursuant to G.L. § 11-41-1, or portions of an historic stone wall, or convicted of attempt to commit that larceny, shall be civilly liable to the property owner for the cost of replacing the stones and any other compensable damages related to that larceny.

    • a. Any person convicted of the theft of an historic stone wall, or portions of a wall, shall be subject to the penalties for larceny as provided in [G.L.] § 11-41-5.

    • b. Any person who makes any plea to a charge under G.L. § 11-41-32, or any person found guilty or convicted under G.L. § 11-41-32, may be ordered to make restitution as a part of his or her sentence and/or disposition. That restitution shall include, but not be limited to, the value of the historic stone wall or portions of it, the reasonable value of any labor and other materials necessary to repair and/or return the wall to the condition it was in prior to the theft, and any other reasonable expenses that, in the discretion of the sentencing judge, are necessary to do justice in disposing of the case. This section is in addition to any other sanctions a sentencing judge may impose in his or her discretion.

(Ord. of 3-10-2016, art. VI, § 24; Ord. of 2-8-2024(4))

• (a) Licensed cultivator classes. The following are classes of licensed cultivators as defined by the size of the facility through regulations promulgated by the department of business regulation:

  • (1) Micro means a facility that is 0 to 2,500 square feet.

  • (2) Class A means a facility that is 2,501 to 5,000 square feet.

  • (3) Class B means a facility that is 5,001 to 10,000 square feet.

  • (4) Class C means a facility that is 10,001 to 15,000 square feet.

  • (5) Class D means a facility that is 15,001 to 20,000 square feet.

• (b) All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate building, electrical, mechanical, and plumbing permits as required by the building official. The building official shall grant the application for permits pursuant to G.L. § 23-27.3, State Building Code.

• (c) All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate and inspections by the local fire marshal. The fire marshal shall grant the application for permits pursuant to G.L. § 23-28.1, Fire Safety Code—General Provisions.

• (d) In addition to the requirements above, the building official shall require compassion center, licensed cultivator, nonresidential cooperative cultivation, and residential cooperative cultivation to the following:

  • (1) The area used for growing be secured by locked doors and an alarm system.

  • (2) The area used for growing have two means of ingress and egress.

  • (3) The area used for growing not be below grade and not in the basement.

  • (4) The area used for growing shall not be within ten feet of a fuel or heating source including but not limited to propane, natural gas, or an oil tank.

• (e) Confidentiality. Any application for permit or any other up pursuant to this section, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this section shall not include the term marijuana, cardholder, caregiver, cooperative cultivation, or any other term that may indicate that such document is or has been prepared or created pursuant to this section.

• (f) Probable cause and searches. Once permitted, the growing of medical marijuana shall not constitute probably cause or reasonable suspicion, nor shall it be used system to support the search of the property of the person processing, or otherwise subject the property of the person to inspection by any governmental agency.

(Ord. of 2-28-2019(1))

Editor's note— An ordinance adopted Feb. 28, 2019(1), set out provisions intended for use as § 38-293. Inasmuch as there were already provisions so designated, the provisions have been included as § 38-294 at the discretion of the editor.

This section is reserved.

(Ord. of 9-14-2023(1); Ord. of 11-9-2023(10))

This section is reserved.

(Ord. of 11-9-2023(10))

Must be screened by an opaque fence or hedge no less than six feet in height. This requirement does not apply to such uses by the state or town govermnent. Applicable to section 38-191, wholesale business and storage uses #2 and #4.

(Ord. of 1-25-2024(4))

All timeframes that are set forth by vested rights provisions and that are related to commencement and completion of any project that has been approved under this chapter, also known as the construction timetable, may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the permitting authority that issued the approval.

(Ord. of 4-11-2024(30))

--- (7) ---

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of art. VII to read as herein set out. The former art. VII title pertained to special use permits and variances.

State Law reference— Variances, G.L. 1956, § 45-24-41; special use permits, G.L. 1956, § 45-24-42.

• (a) Application. An application for a variance for relief from the literal requirements of a zoning ordinance because of hardship, an application for a special use permit, or an application for a modification, may be made by any person, group or agency by filing with the administrative officer an application describing the request and supported by such data and evidence as may be required by the zoning board of review, planning board or by the terms of this chapter. Every applicant for a use variance, dimensional variance, modification, or special use permit must submit a site plan for review.

• (b) Filing fee. In filing for a variance, or special use permit, the applicant, in addition to filing plans and specifications, shall accompany the request with a list of property owners within 200 feet of the property in question. A filing fee of $100.00, payable to the town shall be required for all applications under this article. In filing for a modification greater than five percent, the applicant shall accompany the request with a list of all property owners abutting the subject property.

• (c) Transmission to boards. The administrative officer shall immediately transmit each variance application received to the zoning board of review and shall transmit a copy of each application to the planning board.

• (d) Vested rights. Pursuant to article XI of this chapter, an application shall be considered substantially complete when the administrative officer certifies that the application is complete.

• (e) Preapplication conference. A preapplication conference may be held between the applicant and the administrative officer and/or zoning enforcement officer prior to formal submission of an application for a special use permit, variance, or modification.

• (f) Request findings and recommendation. The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of this chapter, may request that the planning board report its findings and recommendations, including a statement on the general consistency with the goals and purposed of the comprehensive plan, in writing, to the zoning board of review within 30 days of receipt of the application from that board.

• (g) Public hearing requirements. The zoning board of review or planning board on applications filed under this article shall hold a public [hearing] in an expeditious manner, after receipt, in proper form of an application, and shall give public notice thereof pursuant G.L. § 45-24-41 for variance applications, G.L. § 45-24-42 for special use permit applications or G.L. § 45-23-50.1 for applications reviewed under unified development review.

• (h) Modifications.

  • (1) Modifications defined. A modification is permission granted and administered by the zoning enforcement officer, pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements to a limited degree not to exceed 25 percent of each of the applicable dimensional requirements listed in section 38-192.

  • (2) Amount of relief qualifying as a modification. Modifications from the literal dimensional requirements of the zoning ordinance in the instance of construction, alteration, or structural modification of a structure or lot of record. The zoning enforcement officer is authorized to grant modification permits. Modifications encroaching up to 25 percent of each of the dimensional requirements specified in section 38-192 are authorized to be granted by the zoning enforcement officer. A modification does not permit moving of lot lines.

  • (3) Decision. Within ten days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

    • a. The modification requested is reasonably necessary for the full enjoyment of the permitted use;

    • b. If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

    • c. The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

    • d. The modification requested does not violate any rules or regulations with respect to freshwater wetlands.

  • (4) Modifications of five percent or less. Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements.

  • (5) Modifications greater than five percent. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this section. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, he required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

• (i) Uses requiring special use permit in designated growth areas. Uses requiring a special use permit in designated growth areas, identified in section 38-131 shall be reviewed by minor or major land development, whichever is applicable, in addition to the special use permit review. Such applications shall be reviewed under unified development review pursuant to G.L. § 45-23-50.1 and G.L. § 45-24-46.4.

(Ord. of 6-23-1994, art. VII, § 1; Ord. of 3-5-1998; Ord. of 2-8-2024(5); Ord. of 4-24-2025(13))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-321 to read as herein set out. The former § 38-321 title pertained to procedure generally.

The planning board is authorized to grant a special use permit or a where an application for a subdivision, development plan review or land development requires zoning relief. See G.L. §§ 45-24-46.4 and 45-23-50.1. Nothing in this section shall be construed to limit the zoning board of review's authority to grant variances or special use permits not requiring subdivision, or land development review.

(Ord. of 6-23-1994, art. VII, § 3; Ord. of 2-8-2024(6); Ord. of 4-24-2025(14))

• (a) Applications for special use permits shall be reviewed by the zoning board of review unless an application is reviewed under unified development review. In these instances, applications for special use permits shall be reviewed by the planning board pursuant to sections 38-325 and 32-46. The review authority shall not grant a special use permit unless it finds the following:

  • (1) The use will comply with all applicable requirements and development and performance standards set forth in articles VI and IX of this chapter.

  • (2) The use will be in harmony with the general purpose and intent of this chapter.

  • (3) The granting of the special use permit will substantially serve the public convenience and welfare.

  • (4) The use will not result in or create conditions inimical to the public health, safety, morals and general welfare.

  • (5) It will not substantially or permanently injure the appropriate use of surrounding property.

  • (6) In addition to the above, the zoning board of review shall consider:

    • a. Access to air, light, views and solar access;

    • b. Public access to waterbodies, rivers and streams; and

    • c. The conservation of energy and energy efficiency.

• (b) The zoning board of review or planning board may not extend or enlarge a special use permit except by granting a new special use permit except in review of a special use permit application for an accessory use to a principal use which requires a special use permit in the district which the lot is located. In such instances, the accessory use shall be added as a condition to the special use permit for the principal use.

In such cases, if the principal use, which is permitted by special use permit in the district in which the lot located has nonconforming rights, the accessory use shall be permitted as of right.

• (c) Pursuant to section 38-236 a nonconforming use may be changed to a different nonconforming use by special use permit. If so changed, the alteration shall more closely adhere to the intent and purpose of this chapter.

(Ord. of 6-23-1994, art. VII, § 4; Ord. of 2-8-2024(7))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-323 to read as herein set out. The former § 38-323 title pertained to standards for granting.

• (a) Application. An application for relief from the literal requirements of this chapter because of hardship or an application for a special use permit may be made by any person, group or agency by filing with the administrative officer an application describing the request and supported by such data and evidence as may be required by the zoning board of review or planning board or by the terms of this chapter.

• (b) Standards for relief. Standards for relief are as follows:

  • (1) Variance. In granting a variance, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

    • a. 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, excepting those disabilities addressed in [G.L. §] 45-24-30.

    • b. The hardship is not the result of any prior action of the applicant.

    • c. The granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which this chapter is based.

    • d. The permitting authority 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 this chapter. 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, 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, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. 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. The zoning board of review, or the planning board under unified development review has the power to grant dimensional variances where the use is permitted by development plan review.

  • (2) Special use permit. In granting a special use permit, the permitting authority shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

    • a. The special use is specifically authorized by this chapter.

    • b. The special use meets all of the criteria set forth in the sections of this chapter authorizing such special use.

    • c. The granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter.

• (c) Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the permitting authority 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 of the town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

  • (2) Controlling the sequence of development, including when it must be commenced and completed;

  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • (4) Ensuring satisfactory installation and maintenance of required public improvements;

  • (5) Designating the exact location and nature of development; and

  • (6) Establishing detailed records by submission of drawings, maps, plats or specifications.

• (d) Commencement of construction/project.

  • (1) Obtaining permits. The developer of the property must obtain all necessary building and mechanical permits and must begin construction of the project within 12 months of the date of approval.

  • (2) Validity of permits. Any building permit issued following an approval issued under this section shall become invalid unless the work authorized by the approval and permit shall have been commenced within six months after the issuance of the permit, or if the work authorized by the approval and permit is suspended or abandoned, for a period of six months after the time the work is commenced; provided, that, for cause, an extension of time for a period not exceeding 90 days has not been granted. All extensions must be in writing and signed by the building official. For purposes of this section, any permit issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting the work as authorized by the permit.

• (e) Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. §§ 45-24-69 or 45-23-71, depending on the board to which application was made.

(Ord. of 6-23-1994, art. VII, § 5; Ord. of 2-8-2024(8); Ord. of 4-24-2025(15))

Editor's note— An ordinance adopted Apr. 24, 2025, amended the title of § 38-324 to read as herein set out. The former § 38-324 title pertained to issuance of variances and special use permits.

• (a) Unified development review established. Review and decision on variances and special use permits for properties undergoing land development or subdivision review, which qualifies for unified development review by the planning board, shall be conducted and decided by the planning board. This process is to be known as unified development review.

• (b) Application and review process. The application and review process for applications qualifying for unified development review shall be conducted as follows:

  • (1) Generally. Review of projects submitted under unified development review shall adhere to the procedures, timeframes and standards of the underlying category of the project as listed in G.L. § 45-23-36, but shall also include the following procedures:

  • (2) Minor subdivisions and land-development projects. Except for dimensional relief granted by modification as set forth in G.L. §§ 45-23-38 and 45-24-46, requests for variances and special use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special use requests that meet the requirements of G.L. § 45-23-50.1 shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the development plan review(s), variance(s) and/or special use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the development plan review(s), variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

  • (3) Development plan review. Except for dimensional relief granted by modification as set forth in G.L. §§ 45-23-50 and 45-24-46, requests for variances and/or special use permits shall be submitted as part of the application materials for the preliminary plan stage of review. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d) shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the development plan review(s), variance(s) and or special use permit(s) before considering the preliminary plan application. Approval of the development plan review(s), variance(s) and or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

  • (4) Major subdivisions and land development projects—Master plan. Except for dimensional relief granted by modification as set forth in G.L. § 45-24-46, requests for variances and/or special use permit(s) related to major subdivisions and land development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d), shall be held prior to consideration of the master plan by the planning board. The planning board shall conditionally approve or deny the requests for the development plan review(s), variance(s) and/or special use permit(s) before considering the master plan application for the major subdivision or land development project. Approval of the development plan review(s), variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project.

  • (5) Major subdivision and land development projects—Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any development plan review(s), variance(s) and/or special use permit(s) granted by the planning board during the master plan stage of review, and/or to request new development plan review(s), new variance(s) and/or new special use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage, a public hearing on the application, that meets the requirements of G.L. § 45-23-50.1(d), shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve, amend, or deny the requests for alteration(s), new development plan review(s), new variance(s) and/or new special use permit(s), before considering the preliminary plan application for the major subdivision or land development project. Approval of the alteration(s) and/or new variances, and/or new special use permits shall be conditioned on approval of the final plan of the major subdivision or land development project. If the planning board denies the request for alteration(s), new development plan review(s), new variance(s), and/or new special use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board denies the request for alteration(s), new development plan review(s), new variance(s) and/or new special use permit(s), the applicant may consent to an extension of the decision period mandated by G.L. § 45-23-39 so that additional information can be provided and reviewed by the board.

  • (6) Decision. The time periods by which the planning board must approve or deny applications for variances and special use permits under the unified development review provisions shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review. In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of G.L. § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards. In reviewing requests for special use permits, the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to G.L. § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to G.L. § 45-24-42.

  • (7) Public hearing. Unless otherwise provided in this chapter or in chapter 32, all applications under this section or section 32-46 shall require a single public hearing, held pursuant to G.L. § 45-23-50.1(b)(d). The public hearing must meet the following requirements:

    • a. Public hearing notice shall adhere to the requirements found in G.L. § 45-23-42(1).

    • b. The notice area for notice of the public hearing shall, at a minimum, include all property located in or within not less than 200 feet of the perimeter of the area included in the subdivision and/or land development project. 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. Additional notice within watersheds shall also be sent as required in G.L. §§ 45-23-53(b) and (c).

    • c. Public notice shall indicate that dimensional variance(s), use variance(s), development plan review(s) and/or special use permit(s) are to be considered for the subdivision and/or land development project.

    • d. The cost of all public notice is to be borne by the applicant.

  • (8) Time periods. The time periods by which the planning board must approve, approve with conditions or deny the requests for variances and special use permits) under the unified development review provisions of chapter 38 shall be the same as the time periods by which the board must make a decision on the applicable review stage of the underlying type of project under review as found in chapter 32.

  • (9) Expiration of approval. The expirations period of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

  • (10) Appeal. An appeal from any decision made pursuant to this section may be pursuant to G.L. § 45-23-71.

• (c) Town council. Where an applicant requires both planning board approval and town council approval for a zoning amendment, the applicant shall first obtain an advisory recommendation on the zoning map amendment from the planning board as well as conditional planning board approval for the master and/or preliminary plan stage for the proposed land development project, which may be simultaneous, then obtain zoning map amendment approval from the town council and then return to the planning board for subsequent preliminary plan approval or the administrative officer for final plan approval, as applicable.

(Ord. of 2-8-2024(9); Ord. of 4-24-2025(16))

An applicant may apply for, and be issued a dimensional variance in conjunction with a special use permit according to the following procedures:

• • (1) Submission. The applicant shall submit a complete application for a dimensional variance and a complete application for a special use permit. The applications shall be separate.

  • (2) Review. If the special use could not exist without the dimensional variance, the planning board under sections 32-46 and 38-325 shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

  • (3) Public hearing and public notice. Public notice shall be given pursuant to subsection 38-38(b)(2).

(Ord. of 2-8-2024(10))

Agricultural uses #4—Commercial nursery structures. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Agricultural uses #6—Poultry farm with capacity for more than 10,000 birds. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor, air, soil or water pollution.

Open recreation uses #4—Camping area (licensed by town). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Open recreation uses #5—Rod and gun clubs, rifle or pistol ranges. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise and vibration.

Public and semi-public uses #1—School or college. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #4—Medical clinic. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #5—Hospital. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the HC2 district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #10—Cemetery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Office uses #3—Real estate office. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #1—Barber, beautician, shoe repair, tailor, laundry pickup and similar service shops. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil, or water pollution.

Business uses #2—Antique shop, gift shop, florist shop, pet shop and specialty shops. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #3—Mortuary or funeral home. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #8—Gasoline filling station (no major repairing). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Business uses #9—General automotive repair. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Business uses #19—Medical office building situated on a state or U.S. highway. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #20—Communications towers and antennas. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in all districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #23—Winery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #24—Farm brewery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #25—Farm distiller. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #26—Micro-brewery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #27—Distillery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Transportation and parking uses #3—Rail or motor freight terminal. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise and air, soil or water pollution.

Wholesale business and storage uses #4—Open storage of solid fuel (other than wood). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Service industries uses #2—Electric substation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Service industries uses #4—Any other structure which is part of a public service system. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Service industries uses #5—Laundromat. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil, or water pollution.

Industrial uses #1. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #13—Loam stripping. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Industrial uses #14—Retail outlet for permitted industrial operation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Industrial uses #15—Soap manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #16—Sodium compounds manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #17—Stone cutting. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Industrial uses #20—Chemical manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #21—Gravel banks, natural material processing, stone crushing and sorting, mining, quarrying. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Prior to a special use permit being granted for the above uses, a soil erosion and sediment control plan shall be approved by the zoning enforcement officer, pursuant to chapter 26. A special use permit for the above uses shall be conditionally granted by the planning board upon subsequent grant of a license by the town council. The license shall be renewed annually by the town council pursuant to section 12-47.

Prior to annual license renewal by the town council, inspection of the premises shall be made by the zoning enforcement officer to determine that the conditions of the special use permit and the soil erosion and sediment control plan are being complied with.

Accessory uses #2—Any use of land or of a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure which is permitted in the district as a special use permit and located on the same lot. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in all districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Special use permits under this category are approved as special conditions on the special use permit for the primary use.

Medical marijuana uses #2—Licensed cultivator. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Medical marijuana uses #5—Residential cooperative cultivation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Recreational marijuana uses #1—Cannabis or marijuana cultivator. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Recreational marijuana uses #2—Cannabis establishment or marijuana establishment. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #3—Cannabis product manufacturer or marijuana product manufacturer. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #4—Cannabis retailer or marijuana retailer. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #5—Medical cannabis treatment center or medical marijuana treatment center. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

(Ord. of 2-8-2024(11))

• (a) Purpose. The purpose of residential compound development is to provide for the private conservation of underdeveloped or fragile natural resource areas and to provide open space preservation by permitting limited residential building on such tracts of land.

• (b) General. Residential compound development shall be reviewed as a minor subdivision in accordance with provisions of chapter 32.

• (c) Use limitations and dimension requirements.

  • (1) A compound shall include not more than three single-family dwelling units. One or more lots within the compound shall have at least 50 feet of road frontage if that lot or those lots was or were a preexisting lot(s) of record on July 1, 1967. If a lot or lots was or were created after July 1, 1967, 300 feet of road frontage on a public or private road or roads shall be required. A shared driveway shall be held in common. Two additional units that meet the definition of LMI may be added for a total of five units within the compound.

  • (2) Restrictive covenants shall prohibit further division of land within the compound.

  • (3) The only permitted use shall be single-family residential and uses customarily accessory to residences.

  • (4) The minimum lot size for consideration shall be 30 acres.

(Ord. of 3-5-1998; Ord. of 10-8-2009, Pt. 1(B); Ord. of 11-9-2023(11))

This designation is characterized by nodes for commercial establishments to provide town-wide shopping and service needs. These may include retail, service, office and related activities, residential and municipal uses.

• • (1) Purpose. The purpose of this section is to provide a procedure for the evaluation and approval of new integrated general business developments. The regulations are intended to promote developments which are compatible with surrounding areas and which incorporate buffers or transition areas to reduce potential negative impacts on agricultural or single-family residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a wide variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, to accommodate unique land uses, and to encourage creative approaches to development issues.

Foster encourages a coordinated design approach for development within the GB district with an emphasis on compatibility with the natural environment and surrounding land uses. This coordinated approach allows for a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development. It allows for planning of a land development project or development plan review and calculation of densities within the surrounding area in addition to on an individual lot-by-lot basis.

A coordinated design approach should:

• • • a. Break up the apparent mass and scale of large structures, and large paved parking areas, in order to ensure that such development is compatible with and does not detract from Foster's character, scale, and sense of place;

    • b. Help integrate multi-use development with its surroundings;

    • c. Promote and facilitate a safe and comfortable pedestrian scale environment;

    • d. Encourage a mixture of uses and sizes of structures; and

    • e. Provide safe and accessible parking areas, allowing for safe pedestrian movement.

It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process, which will include consideration and application of aspects of both the Foster land development and subdivision regulations and the Foster zoning ordinance.

Where the requirements of any part of this section may conflict with any other section of the Foster land development and subdivision regulations or the Foster zoning ordinance, this section shall prevail as to, or for, the general business development.

• • (2) Applicability and procedure.

    • a. General business developments are permitted in GB zones as set forth in article III and article IV of this zoning ordinance with the approval of and subject to possible conditions and restrictions imposed by the planning board or zoning board of review pursuant to this section.

    • b. No general business development shall be undertaken nor any portion of such development be constructed until a plan for such development has been approved by the planning board in accordance with the procedures established by subsection (2)(d) of this section:

    • c. Compatibility and interrelation of uses within the general business developments and coordination of traffic, utilities, parking, public wells, stormwater management, security, onsite wastewater treatment systems, storage, architecture, open space, infrastructure, and other needs, as well as the entire development's impact on the surrounding area and roadways mandate that the development be considered according to the procedures set forth in subsection (2)(d) of this section and approved, if appropriate, and developed as a whole. Phasing of construction may be permitted, as set forth in the land development and subdivision regulations, or as required by the planning board. Improvement guarantees shall be required as set forth in article VIII of the land development and subdivision regulations.

    • d. Under this section, unless reviewed as a minor land development pursuant to G.L. § 45-23-32(19) and section 32-161 or waived pursuant to G.L. § 45-23-50(b), an application for a change of use, commercial or mixed use in the GB district shall follow procedures for formal or administrative development plan review, according to section 38-191 and either section 38-394 or section 38-395.

An application for a residential use exceeding a single-family residence shall be reviewed as minor land development. If the application exceeds the standards for minor land development review, the application shall be reviewed as a major land development. Subdivisions shall be reviewed as minor or major subdivisions depending on the number of buildable lots created.

• • (3) Single-family dwelling exemption. Notwithstanding the foregoing, development of new single-family dwellings or exterior alterations, exterior additions and exterior changes, if made to a single-family dwelling, shall be exempt from the regulations of this section.

  • (4) Additional site plan requirements. In addition to the site plan requirements of the applicable review section as listed in subsection (2)(d) of this section, the following materials shall be included in the application.

    • a. Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

    • b. Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

    • c. Dimension and location of existing and proposed buildings and structures;

    • d. Existing topography, including any proposed grade changes;

    • e. Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

    • f. Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by, a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-1 50-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

    • g. Provisions for sanitary sewerage and water supply, including fire protection measures;

    • h. Location of all utilities, signage, outdoor storage and trash disposal areas;

    • i. Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

  • (5) Minimum land area.

    • a. A planned unit development shall consist of not less than 50,000 square feet of land area which may be developed into mixed use and commercial units as set forth in article II; and subsection 38-131(3); of Foster's zoning ordinance.

    • b. Once a planned unit development has been approved, all land area shown on the plan submitted as part of said planned unit development application, including those areas designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express written consent of the planning board. The board may allow subsequent withdrawal of land from a development, after an appropriate hearing, when such withdrawal will not violate the purpose and intent of this chapter or impair the previously approved plan.

  • (6) Uses.

    • a. Generally.

      • 1. Uses are categorized as "permitted use," "administrative development plan review," "land development project," "formal development plan review," "special use permit," and "prohibited use." The planning board or administrative officer may, at its sole option, impose conditions on any development plan approval; on any land development project approval; or on any special use permit or variance requiring approval under chapter 32 or development plan review.

      • 2. Designation as a special use, development plan review use or a land development project does not constitute an authorization or an assurance that such use will be permitted without conditions within the planned development. Rather, each application for a special use development plan review use or a land development project shall be evaluated as to its internal consistency with the intent of the proposed GB development, and its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the town; and may be approved or denied as the findings of fact indicate appropriate.

      • 3. Nothing herein contained shall preclude the planning board from requiring multiple conditions for a proposal or from granting one or more special uses, development plan review uses or land development project uses upon the implementation or completion of one portion of a project, during the master plan, preliminary plan, and/or final plan review stages of the application for a planned development or during the special use permit review of the application, as appropriate. Unless phasing of construction is permitted as referenced in subsection (2)(c) of this section, the development must be completed as a whole according to the final planning board approval for a planned development.

      • 4. Items to be considered when evaluating a special use development plan review or land development project include, but are not limited to, the following:

        • i. The desired use will not be detrimental to the intent of the planned unit development or to the surrounding area;

        • ii. It will be compatible with existing and proposed uses within the planned unit development, as well as neighboring land uses;

        • iii. It will not create a nuisance or a hazard in the neighborhood;

        • iv. Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

        • v. Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

        • vi. Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

        • vii. Solar rights of the abutters are provided for;

        • viii. Architectural compatibility within the development and with the surrounding area is illustrated;

        • ix. The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

        • x. The health, safety, and welfare of the community are protected;

        • xi. Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

        • xii. Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

        • xiii. Applicant shall demonstrate how the development will utilize shared parking, and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

      • 5. Before being granted a special use permit, land development project or development plan review by the zoning board of review or the planning board, the applicant must show how its application complies with article VII of this chapter, article IX of this chapter, article VIII of this chapter, article V of chapter 32 and/or article VI of chapter 32 in Foster's zoning or subdivision ordinance, whichever is applicable.

    • b. Mixed uses. Nothing contained in this section shall be construed to prevent or discourage the institution or maintenance of two or more uses on any one lot or within any one building in a general business development and a mix of compatible uses are to be encouraged throughout a general business development.

  • (7) Decision. Development standards for general business approval shall be granted upon the determination of the planning board that the application meets the objectives cited herein. The planning board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of this chapter and chapter 32, subdivision regulations. New building construction or other site alteration shall be designed after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:

    • a. Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;

    • b. Maximize pedestrian and vehicular safety on the site and egress to and from the site;

    • c. Minimize obstruction of scenic views from publicly accessible locations;

    • d. Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned;

    • e. Minimize glare from headlights and lighting intrusion;

    • f. Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;

    • g. Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling or containment of hazardous substances; and

    • h. Ensure compliance with the provisions of this section, including parking, landscaping, exterior lighting and noise.

  • (8) Post-approval modifications. Once development standards for general business approval have been granted by the planning board, any subsequent changes in which the zoning enforcement officer has determined will substantially affect or alter the visual appearance of the building facade or roof or will substantially affect or alter traffic flow or modify the site plan, a new application shall be submitted pursuant to this section.

  • (9) Expiration. The approval of a plan meeting the development standards for general business approval shall expire pursuant to timeframes provided under the type of review which the plan was reviewed.

(Ord. of 9-9-2010, art. VIII, § 3; Ord. of 4-28-2016; Ord. of 2-8-2024(12))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-357 to read as herein set out. The former § 38-357 title pertained to development standards for general business mixed use (GBM) development.

This designation contains nodes for commercial establishments to provide industry and service needs. Residential uses are prevalent in this designation. Commercial uses may include retail, service, office, manufacturing, industrial, and related activities. Residential uses may be single-family, multi-family, age restricted community, or homeowners association. Agricultural and municipal uses are permitted.

• • (1) Purpose. The purpose of this section is to provide individual detailed review of uses and structures which have an impact upon the character of the town. In this section procedures are provided for the evaluation and approval of new integrated highway commercial developments. The regulations are intended to promote developments which are compatible with surrounding areas, and which incorporate buffers or transition areas to reduce potential negative impacts on agricultural or residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, to accommodate unique land uses, and to encourage creative approaches to development issues.

Foster encourages a coordinated design approach for development within the HC2 district with an emphasis on compatibility with the natural environment and surrounding land uses. This coordinated approach allows for a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development. It allows for planning of a land development project or development plan review and calculation of densities within the surrounding area in addition to on an individual lot-by-lot basis.

A coordinated design approach should:

• • • a. Break up the apparent mass and scale of large structures, and large paved parking areas, in order to ensure that such development is compatible with and does not detract from Foster's character, scale, and sense of place;

    • b. Help integrate multi-use development with its surroundings;

    • c. Encourage a mixture of uses and sizes of structures;

    • d. Meet applicable building and safety codes;

    • e. Not significantly alter the surrounding natural environment;

    • f. Secure an adequate stormwater runoff management and soil erosion plan; and

    • g. Preserve significant natural and historic characteristics.

It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process, which will include consideration and application of aspects of both chapter 32 and chapter 38.

Where the requirements of any part of this section may conflict with any other section of chapter 32 or chapter 38, this section shall prevail as to, or for, the highway commercial development.

• • (2) Applicability and procedure.

    • a. Highway commercial developments are permitted in HC2 zones as set forth in article III and article IV of this chapter with the approval of and subject to possible conditions and restrictions imposed by the planning board pursuant to this section.

    • b. No highway commercial development shall be undertaken, nor any portion of such development be constructed until a plan for such development has been approved by the planning board in accordance with the procedures established by subsection (2)(d) of this section:

    • c. Compatibility and interrelation of uses within the highway commercial developments and coordination of traffic, parking, stormwater management, security, on-site wastewater treatment systems, storage, architecture, open space, infrastructure, and other needs, as well as the entire development's impact on the surrounding area and roadways. The development shall be considered according to the procedures set forth in subsection (2)(d) of this section and approved, if appropriate, and developed as a whole. Phasing of construction may be permitted, as set forth in the land development and subdivision regulations, or as required by the planning board. Improvement guarantees shall be required as set forth in article VIII of the land development and subdivision regulations.

    • d. Under this section, unless reviewed as a minor land development pursuant to G.L. § 45-23-32(19) and subsection 32-161(3)(i) or waived pursuant to G.L. § 45-23-50(b), an application for commercial or mixed use in the HC2 district shall follow procedures for formal or administrative development plan review, according to section 38-191 and either section 38-394 or section 38-395.

An application for a residential use exceeding a single-family residence shall be reviewed as minor land development. If the application exceeds the standards for minor land development review, the application shall be reviewed as a major land development. Subdivisions shall be reviewed as minor or major subdivisions depending on the number of buildable lots created.

• • (3) Single-family dwelling exemption. Notwithstanding the foregoing, development of single-family dwellings or exterior alterations, exterior additions and exterior changes, if made to a single-family dwelling, shall be exempt from the regulations of this section.

  • (4) Additional site plan requirements. In addition to the site plan requirements of the applicable review section as listed in subsection (2)(d) of this section, the following materials shall be included in the application.

    • a. Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

    • b. Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

    • c. Dimension and location of existing and proposed buildings and structures;

    • d. Existing topography, including any proposed grade changes;

    • e. Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

    • f. Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

    • g. Provisions for sanitary sewerage and water supply, including fire protection measures;

    • h. Location of all utilities, signage, outdoor storage and trash disposal areas;

    • i. Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

  • (5) Environmental impact and design standards (EIDS). The following standards shall be utilized by the planning board to review and evaluate all applications pursuant to this section. These standards are intended to provide a frame of reference for the applicant in the development of their project and building plans as well as criteria for review by the planning board. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards of review outlined in this section shall also apply to all accessory buildings, structures, signs and other site features, however related to the principal buildings or structures.

    • a. Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable. Tree and soil removal shall be minimized, and any grade changes shall be consistent with the general appearance of neighboring developed areas. Due regard shall be given to the attractive utilization of the natural features of the area, including trees, woods, streams and ponds. All open areas which cannot be preserved in their natural state shall be replanted as far as practicable with as many trees and plantings as previously existed.

    • b. Relation of buildings to environment. The proposed development shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed building. The planning board may require a modification in massing so as to reduce the effect of shadows on abutting property, public open space or streets.

    • c. Open space. All open space shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

    • d. Circulation, traffic impact and alternative means of transportation. With respect to vehicular and pedestrian circulation and traffic, including entrances, ramps, walkways, drives and parking, special attention shall be given to location, number and function of access points to the public streets (especially in relation to existing traffic flow, traffic controls and mass transit facilities), width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities, the arrangement, safety and convenience of both vehicle parking areas and the effect thereof upon the use and enjoyment of proposed buildings and structures and the neighboring properties, and the traffic impact of the proposed development on nearby public and private streets.

    • e. Stormwater drainage and erosion control. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system, and so as to minimize any adverse impact upon nearby "downstream" properties. Stormwater shall be removed from all roofs, canopies and paved areas in a manner complying with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management.

    • f. [Surface water collection.] Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved area. Erosion and sediment controls must be implemented to prevent any negative impacts during construction or other land disturbance activities. Permanent post-development erosion controls must be implemented and maintained where necessary.

    • g. Advertising features. The size, location, design, color texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the use and enjoyment of proposed buildings and structures and the surrounding properties and must comply with sign and lighting ordinances.

    • h. Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. All towers, antennas and poles shall be sited, designed and sized to have minimal visual impact on nearby properties.

    • i. Safety. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and maximize accessibility by fire; police and other emergency personnel and equipment. Insofar as practicable, all exterior spaces and interior public and semi-public spaces shall be designed to minimize the fear and probability of personal harm or injury by increasing the potential surveillance by neighboring residents and passersby of an accident or attempted criminal act. Traffic to and from any facility shall not cause safety hazards or increased congestion in nearby residential neighborhoods.

    • j. Heritage. With respect to the town's heritage, removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. Applicants shall follow the requirements of G.L. §§ 23-18-11 and 23-18-11.1 where applicable.

    • k. Microclimate. With respect to the localized climatic characteristics of a given area, any development which proposes new structures, new hard-surface ground coverage or the installation of machinery which emits heat, vapor or fumes, shall endeavor to minimize, insofar as practicable, any adverse impact on light, air and water resources or on noise and temperature levels of the immediate environment.

    • l. Energy efficiency. To the maximum extent reasonably practicable, proposals shall utilize energy-efficient technology and renewable energy resources and shall adhere to the principles of energy-conscious design with regard to orientation, building materials, shading, landscaping and other elements. Efforts shall be made to harmonize energy-related components with the character of the building and its surroundings and to prevent adverse effects on the energy consumption of neighboring structures and on the environment.

    • m. Detrimental effects. No proposed facility shall be detrimental to the health, safety or welfare of persons working or living in the neighborhood, or by reason of danger of fire or explosion, environmental pollution, corrosion, toxic or noxious fumes, gas, smoke, soot, dust, odors, noise or vibrations or other hazards.

    • n. Nearby properties. Nearby properties shall be protected against detrimental uses on the site.

    • o. Air quality. Any use whose emissions are such as to cause it to be classified as a major new stationary source of air pollution, as defined by the Environmental Protection Agency (EPA) under the Clean Air Act, and any use required to apply to the Rhode Island Department of Environmental Management under 250-RICR-120-05-0 et al. or to EPA under Section 112 of the Clean Air Act for permission to emit asbestos, benzene, beryllium, mercury, vinyl chloride, or radionuclides shall be permitted only upon determination by the planning board that compliance with the requirements of those agencies is assured, and that health and safety are adequately protected.

    • p. Plants and animals. Location and design shall not cause avoidable damage to wildlife habitats or corridors, or to any plant species listed on the Rhode Island Natural Heritage List established by the Rhode Island Natural History Survey (for plants, animals, natural communities, and natural heritage areas (as provided by Rhode Island Geographic Information Systems)), or to any tree with more than a 24-inch trunk diameter one foot above grade. An application for a special use permit or development plan review must include documentation to the planning board of having consulted with Rhode Island Department of Environmental Management and the Rhode Island Natural Heritage Survey regarding these considerations, and that the proposed site either contains no such habitats or materials, or that all feasible efforts to avoid, minimize or compensate for damage have been reflected in the development proposal.

    • q. Vibration. Except for blasting and other activities within the jurisdiction of the Rhode Island Fire Safety Code Board of Appeal and Review, no use shall be allowed which produces vibration at or beyond the boundaries of the premises exceeding two-thirds the blasting and seismograph limitations established by G.L. § 23-28.28-9 et al. for three minutes or more in any hour between 7:00 a.m. and 9:00 p.m. or for 30 seconds or more in any hour between 9:00 p.m. and 7:00 a.m.

    • r. Electrical disturbances. No EMF emission shall be permitted which adversely affects the operation of any equipment on other properties.

    • s. Historic and archaeological sites. Location and design shall not cause avoidable damage or impairment to the historic or archaeological value of buildings on sites recorded on the Rhode Island Register of Historic Places. An application for a special permit shall submit documentation that either the site does not contain or impact such buildings or sites, or that any potential damage or impairment has been effectively mitigated.

    • t. Solid waste. Each development must document arrangements for satisfactory disposal of tree stumps and debris resulting from construction and must make permanent arrangement for satisfactory on-site storage of refuse pending its removal, such storage to be screened from public view, secure from vermin, birds or other animals, and located to present minimal hazard in the event of fire and minimal threat to water quality in the event of container failure.

    • u. Water quality. Each development must document arrangements for adequate safeguards for protecting the integrity of groundwater quality.

  • (6) Minimum land area.

    • a. A planned development shall consist of not less than 200,000 square feet of land area which may be developed into a combination of uses on multiple lots, a mixed use development, commercial, or residential units as set forth in subsection 38-131(4); of this chapter.

    • b. Once a planned development has been approved, all land area shown on the plan submitted as part of said planned development application, including those areas designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express written consent of the planning board. The board may allow subsequent withdrawal of land from a development, after an appropriate hearing, when such withdrawal will not violate the purpose and intent of this chapter or impair the previously approved plan.

  • (7) Uses.

    • a. Generally.

      • 1. Uses are categorized as "permitted use," "administrative development plan review," "land development project," "formal development plan review," "special use permit" and "prohibited use." The planning board or administrative officer may, at its sole option, impose conditions on any development plan approval; on any land development project approval; on any special use permit proposal or on any variance approval under chapter 32 or development plan review.

      • 2. Designation as a special use, development plan review use or a land development project does not constitute an authorization or an assurance that such use will be permitted without conditions within the planned development. Rather, each application for a special use, development plan review use or a land development project use shall be evaluated as to its internal consistency with the intent of the proposed HC2 development, and its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the town; and may be approved or denied as the findings of fact indicate appropriate.

      • 3. Nothing herein contained shall preclude the planning board from requiring multiple conditions for a proposal or from granting one or more special uses, development plan review uses or land development project uses during the master plan, preliminary plan, and/or final plan review stages of the application for a planned development or during the review of the application, as appropriate. Unless phasing of construction is permitted as referenced in subsection (2)(c) of this section, the development must be completed as a whole according to the final planning board approval for a planned development.

      • 4. Items to be considered when evaluating a land development project or development plan review include, but are not limited to, the following:

        • i. The desired use will not be detrimental to the intent of the planned development or to the surrounding area;

        • ii. It will be compatible with existing and proposed uses within the planned development, as well as neighboring land uses;

        • iii. It will not create a nuisance or a hazard in the neighborhood;

        • iv. Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

        • v. Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

        • vi. Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

        • vii. Solar rights of the abutters are provided for;

        • viii. Architectural compatibility within the development and with the surrounding area is illustrated;

        • ix. The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

        • x. The health, safety, and welfare of the community are protected;

        • xi. Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

        • xii. Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

        • xiii. Applicant shall demonstrate how the development will utilize shared parking and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

      • 5. Before being granted a special use permit, land development project or development plan review by the zoning board of review or the planning board, the applicant must show how its application complies with article VII of this chapter, article IX of this chapter, article VIII of this chapter, article V of chapter 32 or article VI of chapter 32 in Foster's zoning and/or subdivision ordinance, whichever is applicable.

        • i. Mixed uses. Nothing contained in this section shall be construed to prevent or discourage the institution or maintenance of two or more uses on any one lot or within any one building in a highway commercial development. A development plan review application for two commercial uses or operations in the same building or on the same lot shall be accompanied by a use variance application. A mix of compatible uses are to be encouraged throughout a highway commercial development. The institution or maintenance of two or more uses on any one lot or within any one building is permitted as approved by Rhode Island Department of Environmental Management based on the soils.

  • (8) Decision. Development standards for highway commercial approval shall be granted upon the determination of the planning board that the application meets the objectives cited herein. The planning board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of this chapter and chapter 32, subdivision regulations. New building construction or other site alteration shall be designed after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:

    • a. Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;

    • b. Maximize pedestrian and vehicular safety on the site and egress to and from the site;

    • c. Minimize obstruction of scenic views from publicly accessible locations;

    • d. Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned;

    • e. Minimize glare from headlights and lighting intrusion;

    • f. Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;

    • g. Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling or containment of hazardous substances; and

    • h. Ensure compliance with the provisions of this section, including parking, landscaping, exterior lighting and noise.

  • (9) Post-approval modifications. Once development standards for highway commercial approval have been granted by the planning board, any subsequent changes in which the zoning enforcement officer has determined will substantially affect or alter the visual appearance of the building facade or roof or will substantially affect or alter traffic flow or modify the site plan, a new application shall be submitted pursuant to this section.

  • (10) Expiration. The approval of a plan meeting the development standards for highway commercial approval shall expire pursuant to timeframes provided under the type of review which the plan was reviewed.

(Ord. of 2-8-2024(13))

• (a) Applications. Applications for uses permitted as a land development project in section 38-191 and applications which are filed under the provisions of article V or article VI of chapter 32 shall be reviewed in accordance with the procedures established by G.L. § 45-23, including those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, whether or not the land development project constitutes a "subdivision," as defined in G.L. § 45-23.

A residential or commercial project meeting the criteria for a minor land development as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a minor land development project. Pursuant to G.L. § 45-23-32(19)(ii), a residential project that exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a major land development project. Pursuant to G.L. § 45-23-32(9), a commercial project which exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a formal or administrative development plan review, whichever is applicable.

All land development projects exceeding a single family residence, and/or projects for multiple uses, units, or structures shall be subject to the regulations of this section. Comprehensive permit applications shall be reviewed under article X of chapter 32 and shall be subject to the regulations of this section. Density bonuses associated with comprehensive permit applications are found in subsection (e) of this section.

• (b) Commencement of work, authority to grant zoning incentives. No land development project shall be initiated until a plan of the project has been submitted to the planning board or administrative officer and approval has been granted by the planning board or administrative officer. In reviewing, hearing, and deciding upon a land development project, the planning board or administrative officer is empowered to allow zoning incentives within the project as are described in this section and is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.

• (c) Applications subject to regulations of this section. Unless otherwise specified in this chapter, review of developments of multifamily residential structures and/or projects for multiple uses, units, or structures shall be reviewed under the regulations of this section.

• (d) Regulations.

  • (1) Permitted uses within a land development exceeding a single-family residence. Permitted uses within a land development exceeding a single-family residence that is not filed as a comprehensive permit application shall be as follows:

    • a. Multi-family structure(s), multi-lot subdivisions, and/or projects for multiple uses, units, or structures, uses of land specified in section 38-191 and several accessory uses may be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, office uses, restaurant and entertainment uses, retail uses, storage uses, recreational uses, home occupations and, professional offices.

  • (2) Number of commercial uses—Mixed use. There shall not be more than three nonresidential uses in any mixed use development.

  • (3) Roads. After August 1, 2024, all roads created or extended by subdivision or land development shall be privately created, owned and maintained. See articles VII and IX of chapter 32.

• (e) Density bonuses.

  • (1) Senior citizen group dwellings—Building coverage. For senior citizen group dwellings located on properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the maximum building coverage shall be increased to 25 percent of the lot size in any district which permits senior citizen group dwellings if any unit in the development is an "affordable housing" unit as defined in G.L. § 42-128-8.1, or, in the case of a comprehensive permit application, the maximum building coverage shall be afforded the density bonus per acre listed in subsection 32-316(2)(3)(4) as is applicable.

  • (2) Comprehensive permit density bonuses. Multi-unit residential or mixed use structures shall be allowed a density bonus of up to a minimum of three units per acre and a maximum of eight units per acre for LMI housing as approved by RI DEM based on the soils. See subsection 32-316(2)(3)(4).

  • (3) Comprehensive permit zoning incentives. See subsection 32-316(5)(6)(7) for parking, bedrooms and floor area zoning incentives.

  • (4) Residential compound density bonus. For residential compounds, a compound shall include not more than three single-family dwelling units having frontage in common on a public or private road or roads and sharing a driveway held in common. Two additional units that meet the definition of LMI may be added for a total of five units within the compound.

• (f) Special conditions. The planning board or administrative officer shall be empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of this chapter or chapter 32. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

  • (2) Controlling the sequence of development, including when it must be commenced and completed;

  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • (4) Ensuring satisfactory installation and maintenance of required public improvements;

  • (5) Designating the exact location and nature of development; and

  • (6) Establishing detailed records by submission of drawings, maps, plats or specifications.

• (g) Uses in HC2 district. Any use reviewed as a land development project which is located in the HC2 district shall be subject to all applicable subsections under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards.

• (h) Extension or enlargement. The planning board may not extend or enlarge a land development project approval except by granting a new land development project approval.

• (i) Dedication of open space for public or common use. See section 32-110 for requirements regarding dedication of land for public purposes.

• (j) Options for open space for public or common use. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid, open space within a land development project for public or common use shall:

  • (1) Be conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified use or uses; or

  • (2) Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

  • (3) Be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units.

• (k) Land dedicated for public or common use not dedicated to the town. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid and where land is not conveyed to the town:

  • (1) A restriction, in perpetuity, enforceable by the town or by any owner of property in the land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed for accessory uses such as parking or roadway; and

  • (2) The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.

• (l) All open space land provided by a land development project shall be subject to a community approved management plan that will specify the permitted uses for the open space.

• (m) Applications requesting relief from the zoning ordinance. Applications requesting relief from the zoning ordinance in the form of a special use permit or a variance shall be reviewed by the planning board, pursuant to section 32-46 and section 38-325.

• (n) Additional site plan requirements.

  • (1) Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;

  • (2) Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;

  • (3) Dimension and location of existing and proposed buildings and structures;

  • (4) Existing topography, including any proposed grade changes;

  • (5) Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;

  • (6) Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;

  • (7) Provisions for sanitary sewerage and water supply, including fire protection measures;

  • (8) Location of all utilities, signage, outdoor storage and trash disposal areas;

  • (9) Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.

• (o) Additional items to consider. Items to be considered when evaluating a land development project include, but are not limited to, the following:

  • (1) The desired use will not be detrimental to the intent of the planned development or to the surrounding area;

  • (2) It will be compatible with existing and proposed uses within the planned development, as well as neighboring land uses;

  • (3) It will not create a nuisance or a hazard in the neighborhood;

  • (4) Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;

  • (5) Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;

  • (6) Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;

  • (7) Solar rights of the abutters are provided for;

  • (8) Architectural compatibility within the development and with the surrounding area is illustrated;

  • (9) The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;

  • (10) The health, safety, and welfare of the community are protected;

  • (11) Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;

  • (12) Certain parking requirements may be waived, provided that adequate and safe parking is still provided;

  • (13) Applicant shall demonstrate how the development will utilize shared parking and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.

• (p) Commencement of construction/project; vested rights—Substantial completion. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 2-22-2024(23))

Pursuant to G.L. § 45-24-37(h), notwithstanding any other provisions of this chapter, adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments which include the development of at least 50 percent of the existing gross floor area into residential units, shall be a permitted use, except where such reuse 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 preventing the conversion to residential use.

• • (1) Parking. Adaptive reuse developments shall require one parking space per dwelling unit.

  • (2) Density. For projects that meet the following criteria, high density development is permitted. Fifteen dwelling units per acre shall be permitted:

    • a. Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utilities; and

    • b. The development includes at least 20 percent low- and moderate-income housing; and

    • c. The development has access to adequate private water, such as a well and/or wastewater treatment system(s) approved by the relevant state agency for the entire development as applicable.

  • (3) Density for developments not meeting the above criteria. For all other adaptive reuse projects, the residential density permitted in the converted structure shall meet the density requirements set forth in section 38-281, or the dimensional requirements set forth for a single-family residence in the district in which the property is located, whichever is applicable. The converted structure shall have access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable. The density proposed shall be determined to meet all public health and safety standards.

  • (4) Nonconforming provisions. See section 38-239 for nonconforming provisions.

(Ord. of 1-25-2024(5))

--- (8) ---

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of art. IX to read as herein set out. The former art. IX title pertained to site plan review.

Every applicant for a land development project or development plan review subject to the provisions of this chapter must submit a site plan for review. The town planner shall coordinate and manage the site plan review process, evaluate the environmental impact of proposed projects, approve the proposed projects as provided under articles V and VI of chapter 32 and section 38-395 of this chapter and otherwise assist the planning board with respect to site plan review.

Site plan review and review of land developments and subdivisions is governed by chapter 32. The purpose of the site plan review process is to ensure that the permitting authority has before it sufficient information to determine whether a land development project or subdivision will promote the health, safety and general welfare of the community and will conform to the intent and requirements of this chapter and/or chapter 32 and the comprehensive plan.

(Ord. of 6-23-1994, art. IX, § 1; Ord. of 2-8-2024(14); Ord. of 4-24-2025(17))

Before submitting an application subject to the provisions of this chapter, an applicant may meet with the administrative officer and/or zoning enforcement officer to discuss the proposed project and to establish what documents and information the applicant must submit.

A preapplication conference is intended to allow the administrative officer and/or planning board and/or zoning board of review to:

• • (a) Acquaint the applicant with the comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;

  • (b) Suggest improvements to the proposed design on the basis of a review of the sketch plan;

  • (c) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

  • (d) Help the applicant to understand the steps to be taken to receive approval.

The applicable contents of the site plan will depend on the scope and complexity of the proposed project. The administrative officer will indicate the applicable contents on an application checklist.

(Ord. of 6-23-1994, art. IX, § 2; Ord. of 2-22-2024(24); Ord. of 4-24-2025(18))

Editor's note— An ordinance adopted Feb. 22, 2024 amended the title of § 38-387 to read as herein set out. The former § 38-387 title pertained to presubmission conference.

A site plan shall be drawn to scale by a registered architect or engineer, and may require multiple drawings, including maps, plans, elevations, sections and narrative documents. Site plans shall include as much information as the permitting authority deems necessary to evaluate the proposed project. The project will not be scheduled for review, nor will it have vested rights pursuant to article IX unless the administrative officer is satisfied as to the content of the site plan submission according to the appropriate checklist.

(Ord. of 6-23-1994, art. IX, § 3; Ord. of 2-22-2024(25); Ord. of 4-24-2025(19))

• (a) A site plan for a multifamily unit shall be prepared by a registered architect or engineer, and shall show the following, together with appropriate dimensions:

  • (1) Proposed name of the development, name of developer and owner;

  • (2) Lot layout by legal descriptions;

  • (3) Names and addresses of applicant and designer of the plan;

  • (4) Scale of plan:

    • a. Overall site plan: One inch = 100 feet; and

    • b. Immediate development area: One inch = 20 feet;

  • (5) Topographic map shall show existing ground contours over the area proposed for development as follows: minimum of five feet contour intervals and spot elevations at appropriate locations to substantiate design features;

  • (6) Boundary line of development indicated by a solid line and the total acreage encompassed thereby; names of abutting property owners indicated;

  • (7) Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and town boundary lines within 1,000 feet of the development;

  • (8) Existing sewers, wells, water mains, drainage culverts and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location;

  • (9) Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking;

  • (10) Location and dimensions of vehicular drives, entrances and exits, acceleration and deceleration lanes; location and dimensions of pedestrian entrances, exits, walks and walkways;

  • (11) Storm drainage system and sanitary sewerage disposal systems, as approved;

  • (12) Location, height and materials of walls, fences, and screen plantings;

  • (13) Lighting (exterior);

  • (14) Ground cover, finished grades, slopes, banks and ditches;

  • (15) Location and general exterior dimensions of principal and accessory buildings and signs;

  • (16) The stages, if any, to be followed in the construction of the development; and

  • (17) The developer shall submit architectural floor plans and elevations of the principal buildings for review of their general designs and selection of exterior materials for the intended use and compatibility with the site and surrounding established uses.

(Ord. of 6-23-1994, art. IX, § 4)

An application for an accessory dwelling unit which meets the requirements of G.L. §§ 45-24-31 and 45-24-73(a) shall include a site plan. An application for such an accessory dwelling unit shall be submitted according to the standards required for a single-family residential building permit. Review shall be conducted by the building official. Infrastructure improvements in connection with the ADU including, but not limited to, separate water or sewer service lines or expanded septic system capacity shall not be required unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU.

(Ord. of 6-23-1994, art. IX, § 5; Ord. of 6-23-1994, art. IX, § 5; Ord. of 11-9-2023(12); Ord. of 3-13-2025(11))

Editor's note— An ordinance adopted Nov. 9, 2023, amended the title of § 38-390 to read as herein set out. The former § 38-390 title pertained to site plan for accessory nonfamily units.

Shall be reviewed as a minor subdivision. See subsection 38-356(b) for review requirements and subsection 32-161(4) for site plan requirements.

(Ord. of 6-23-1994, art. IX, § 6; Ord. of 11-9-2023(13))

This section is reserved.

(Ord. of 6-23-1994, art. IX, § 7)

See section 38-389.

(Ord. of 6-23-1994, art. IX, § 8)

• (a) Purpose. The purpose of this section is to ensure the orderly development and integration of commercial, industrial and institutional projects into the community; provide for erosion control and stormwater management; prevent surface water and groundwater pollution; minimize traffic hazards; mitigate nuisances caused by noise, dust or lights; and protect and enhance the ecology and physical appearance of the community.

• (b) Review of plan required. Formal development plan review consists of two stages of review, preliminary and final. The administrative officer may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the administrative officer. Preliminary plan applications shall be reviewed by the planning board and shall require a public hearing following notice requirements pursuant to G.L. § 45-23-42, subsection 32-50(b) and subsection 38-38(b). Final plan approval shall be delegated to the administrative officer. The administrative officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. The planning board shall be permitted to request assistance in review of plan from the technical review committee.

Except for commercial expansion and/or construction which is reviewed under the provisions of subsection 32-161(3)(ii) and except for any change in use at the property where no extensive construction of improvements are sought which may be reviewed under the provisions of subsection 32-161(3)(ii) or which may be waived pursuant to G.L. § 45-23-50(b), and except for any enlargement in size or construction of any building or change in use at the property for a use categorized in section 38-191 as administrative development plan review pursuant to section 38-395, no zoning certificate or building permit shall be issued for any commercial building or other commercial construction in any zone of the town, or for any institutional use in a GB or HC2 zone, until a development plan review of the proposed construction has been conducted by the planning board.

In addition, review of plan is required for any construction or enlargement in size of any building which exceeds the provisions of subsection 32-161(3)(ii) and is not categorized in section 38-191 as administrative development plan review pursuant to section 38-395 or change in use at the property where no extensive construction of improvements are sought of any building including accessory structures and the application is not reviewed under the provisions of subsection 32-161(3)(ii) and is not waived pursuant to G.L. § 45-23-50(b) and is not categorized in section 38-191 as administrative development plan review pursuant to section 38-395.

Development plan review is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the actual use thereof. As part of the formal development plan review process, the design of proposed buildings may be reviewed to determine compatibility with the site and with the town's comprehensive plan.

• (c) Preapplication conference. Prior to submission of the formal plan, an applicant for a formal development plan review may make an appointment to meet with the town planner and/or the zoning enforcement officer to confirm the need for such review, and for informal discussion of the project and site review application requirements and procedure. If requested by the applicant or municipality, the planning board may conduct a preapplication conference at an open meeting.

• (d) Site plan requirements. All site plans shall be prepared by a registered architect or engineer. Six copies of the site plan, drawn at a scale no smaller than one inch equals 40 feet, shall be submitted electronically showing the following information unless waived by the planning board. The application fee shall be $100.00. The site plan requirements are the same for both the preliminary and final plan. Only one application fee is required:

  • (1) Name of the proposed development and names and addresses of the developer and property owners, name of the registered architect or engineer designing the plan and associated stamp of registration.

  • (2) Sheet size equals 24 inches by 36 inches (electronic).

  • (3) Locus map at a scale of one inch equals 1,000 feet.

  • (4) Date, north arrow, graphic scale, contours at two-foot intervals and where slopes are three percent or less at one-foot contour intervals.

  • (5) Zoning boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 400 feet also shall be indicated. Such features shall be shown on a separate map or as a keep map on the detail map itself, abutting property owners within 400 feet and lot and plat numbers should also be marked.

  • (6) Location and general exterior dimensions of existing structures and signs.

  • (7) Existing and proposed sewers, water mains, culverts and other underground appurtenances within and adjacent to the lot or tract, pipe sizes, grades, manholes and locations.

  • (8) Distance on all sides between buildings and property lines as measured on the site. If such distances are within 50 feet of a required setback, that property line must be verified via class I boundary survey.

  • (9) Building use including number of employees and/or number of units; e.g., beds, offices and/or employees.

  • (10) Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking.

  • (11) Location, arrangement and dimensions of off-street loading spaces.

  • (12) Location and dimensions of vehicular drives; entrances and exits; acceleration and deceleration lanes; and location and dimension of pedestrian entrances, exits, walks and walkways.

  • (13) Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines, within 400 feet of the development.

    • a. Location of existing rock outcrops, general soil types, high points, vistas, watercourses, depressions, ponds, marshes, wetlands, wooded areas and stands of major trees (12-inch caliper or over), flood plain designations as shown on the flood insurance rate maps for the town, and other significant existing features including previous flood elevations of watercourses, pond and marsh areas as determined by survey.

    • b. If any area falls within a flood zone other than zone X as delineated on the flood insurance rate maps, the area will be shown and base elevations (if known) shown.

  • (14) Method of solid waste disposal and screening of refuse areas.

  • (15) Location, type, intensity of illumination and height of all outdoor lighting fixtures, including sketches as appropriate to indicate the visual impact on the surrounding area and the general character of the community in order to eliminate sky glare and glare onto adjoining properties.

  • (16) Location, design, and exterior dimensions of proposed principal and accessory buildings and signs.

  • (17) Finished grades, slopes, banks and ditches.

  • (18) Landscaping retained and created showing botanical name, location and approximate size of plantings and screen plantings.

  • (19) Location, height and materials of walls and fences.

  • (20) An architectural rendering of plans or building elevations indicating exterior building design.

  • (21) Total floor area of structures and ground coverage of and impervious surfaces (parking areas, etc.) shall be identified and measured as a percentage of lot coverage.

  • (22) The stages, if any, to be followed in the construction of the development, if it is to be developed in sections.

  • (23) Accompanying information shall include:

    • a. Soil erosion and stormwater runoff control plans in accordance with the erosion and sediment control regulations of chapter 26.

    • b. A report by the State Department of Environmental Management as to the suitability of the soil and design of individual sewage disposal. The location of the ground water table in the vicinity of any proposed septic field.

    • c. Location and extent of any wetlands and approval of state agencies for alteration of, or construction within, wetland areas, determination of special flood hazard requirements.

    • d. Summary of existing and proposed easements, restrictions and covenants placed on the property.

    • e. Applications requesting relief from the zoning ordinance.

      • 1. Applications under this chapter which require relief which qualifies only as a modification under section 38-321 shall proceed by filing an application under this section and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of section 38-395. If the modification is denied or an objection is received as set forth in section 38-321, such application shall proceed under unified development plan review pursuant to section 38-325 and section 32-46.

      • 2. Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review pursuant to section 38-325 and section 32-46, and a request for review shall accompany the preliminary plan application.

• (f) Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days or within 15 days if no street creation or extension is required, and/or unified development review is not required, according to the provisions of [G.L.] § 45-23-36(b). The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

• (g) Timeframes for decision.

  • (1) Preliminary plan. Unless the application is reviewed under unified development review, the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 65 days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority.

  • (2) Final plan. For formal development plan approval, the permitting authority shall delegate final plan review and approval to the administrative officer. The officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. Final plan shall be approved or denied within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.

• (h) Failure to act. Failure of the planning board to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.

• (i) Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in section 32-48. Validity may be extended for an additional period upon application to the planning board, upon a showing of good cause. Construction shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

• (j) Modifications and changes to plans.

  • (1) Minor changes, which shall be limited to changes made in correction of error on the preliminary plan or changes requested by the planning board at the stage of preliminary plan review may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without an additional planning board meeting, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

  • (2) Major changes shall include any change exceeding a minor change or any change to the final plan not recommended by the planning board at the preliminary plan stage. Major changes apply to plans approved at any stage. Major changes may be approved only by the planning board and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing.

  • (3) The administrative officer shall notify the applicant in writing within 14 days of submission of the final plan application if the administrative officer determines that there has been a major change to the approved plans.

• (k) Performance standards. The following criteria are to be used by the planning board in judging applications for site plan reviews and shall serve as minimum requirements for approval of the site plan. The site plan shall be approved, unless, in the judgment of the planning board, the applicant is not able to meet one or more of the following standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application. These standards shall apply to both the preliminary and final plan.

  • (1) Landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of the soil and retaining existing vegetation during and after construction. After construction is completed, landscaping shall be installed according to the landscaping design shown on the site plan that will define, soften or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or buildings or site, and to minimize the encroachment of the proposed use on neighboring land uses.

  • (2) Visual relationship of buildings. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of buildings and such natural features such as slope, soil type and drainageways.

  • (3) Vehicular access. The proposed site layout shall provide for safe access and egress from public and private roads by providing adequate location, numbers and control of access points, including site distances, turning lanes and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the town. Town roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer may be required to provide a traffic impact report prepared by a certified traffic engineer if there are unusual safety concerns such as inadequate sight distance or a history of traffic accidents in the area proposed for development.

  • (4) Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas.

  • (5) Stormwater runoff and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm drainage system. Whenever possible, onsite absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions will be made to control erosion during and after construction. Reference is made to the state Erosion and Sediment Control Handbook.

  • (6) Existing utilities. The development shall not impose unreasonable burdens on sewers, sanitary and storm drains, water lines or other public utilities.

  • (7) Advertising features. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed buildings and structures and surrounding properties and conform with article VI of this chapter.

  • (8) Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utilities, buildings and similar structures shall have sufficient setbacks and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

  • (9) Exterior lighting. All exterior lighting shall be designed to minimize impact on neighboring properties. All exterior lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

  • (10) Municipal services. The development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

  • (11) Water pollution. In making this determination, it shall at least include the elevation of the land above sea level and its relation to the floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal and other DEM approved discharge; the slope of the land and its effect on effluents; the aquifer and aquifer recharge areas; the availability of streams for surface runoff; and the applicable federal, state and local laws, ordinances, codes and regulations.

  • (12) Air pollution. The use of the site shall not reduce the ambient air quality. In making this determination, the applicant shall consult federal and state authorities to determine air quality laws and regulations.

  • (13) Water supply. Sufficient water must be available for reasonably foreseeable needs of the development and not cause any unreasonable burden on the existing water supply if this supply is utilized.

  • (14) Sewage disposal. Adequate sewage waste disposal must be provided.

  • (15) Unique areas. There must not be any undue adverse affect on the scenic or natural beauty of the areas, aesthetics, historic sites, or rare and irreplaceable natural areas.

  • (16) Capacity. The applicant has adequate financial and technical capacity to meet the above standards.

  • (17) Waterbodies. Whenever the proposed development is situated, in whole or in part, within 300 feet of any pond, lake, river or other freshwater wetland, it will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water. There will be no disturbance of soil within 100 feet of the outer edge of a wetland.

• (l) General provisions. General provisions concerning site plans for formal development plan review are as follows:

  • (1) The planning board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the planning board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use, and its impact.

  • (2) The planning board may grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter. The administrative officer is authorized to grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter.

  • (3) The planning board may require the filing of a performance bond or the execution of a conditional agreement with the municipality by the applicant.

  • (4) All construction performed under the authorization of a building permit issued for development within the scope of this chapter shall be in conformance with the approved site plan.

  • (5) Site plan procedure. Each applicant for site plan approval shall file an electronic submission with the administrative officer and a $100.00 application fee.

• (m) Appeal. A decision under this section shall be considered an appealable decision pursuant to [G.L.] § 45-23-71.

• (n) Extension or enlargement. The planning board may not extend or enlarge a formal development plan approval except by granting a new formal development plan approval.

• (o) Special conditions. In granting a preliminary plan, or in making any determination upon which it is required to pass after public hearing under this chapter, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

  • (2) Controlling the sequence of development, including when it must be commenced and completed;

  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • (4) Ensuring satisfactory installation and maintenance of required public improvements;

  • (5) Designating the exact location and nature of development; and

  • (6) Establishing detailed records by submission of drawings, maps, plats or specifications.

• (p) Uses in HC2 district. Any use reviewed as a formal development plan which is located in the HC2 district shall be subject to all applicable subsections listed under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards.

• (q) Commencement of construction/project. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 6-23-1994, art. IX, § 9; Ord. of 9-9-2010; Ord. of 2-8-2024(15))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-394 to read as herein set out. The former § 38-394 title pertained to site plan for commercial and industrial development.

Cross reference— Businesses, ch. 12.

• (a) Purpose. The purpose of this section is to ensure the orderly development and integration of commercial, industrial and institutional projects into the community; provide for erosion control and stormwater management; prevent surface water and groundwater pollution; minimize traffic hazards; mitigate nuisances caused by noise, dust or lights; and protect and enhance the ecology and physical appearance of the community.

• (b) Review of plan required. Administrative development plan review consists of one stage of review. Administrative development plan review applications shall be reviewed by the administrative officer. The administrative officer shall be permitted to request assistance in review of plan from the technical review committee.

Except for commercial expansion and/or construction which is reviewed under the provisions of subsection 32-161(3)(ii) and except for any change in use at the property where no extensive construction of improvements are sought which may be reviewed under the provisions of subsection 32-161(3)(ii) or which may be waived pursuant to G.L. § 45-23-50(b), and except for any enlargement in size or construction of any building or change in use at the property for a use categorized in section 38-191 as formal development plan review pursuant to section 38-394, no zoning certificate or building permit shall be issued for any commercial building or other commercial construction in any zone of the town, or for any institutional use in a GB or HC2 zone, until a development plan review of the proposed construction has been conducted by the administrative officer.

In addition, review of plan is required for any construction or enlargement in size of any building which exceeds the provisions of subsection 32-161(3)(ii) and is not categorized in section 38-191 as formal development plan review pursuant to section 38-394 or change in use at the property where no extensive construction of improvements are sought of any building including accessory structures and the application is not reviewed under the provisions of subsection 32-161(3)(ii) and is not waived pursuant to G.L. § 45-23-50(b) and is not categorized in section 38-191 as formal development plan review pursuant to section 38-394.

Development plan review is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the actual use thereof. As part of the administrative development plan review process, the design of proposed buildings may be reviewed to determine compatibility with the site and with the town's comprehensive plan.

• (c) Preapplication conference. Prior to submission of the formal plan, an applicant for administrative development plan review may make an appointment to meet with the town planner and/or the zoning enforcement officer to confirm the need for such review, and for informal discussion of the project and site review application requirements and procedure. If requested by the applicant or municipality, the planning board may conduct a preapplication conference at an open meeting.

• (d) Site plan requirements. All site plans shall be prepared by a registered architect or engineer. One copy of the site plan, drawn at a scale no smaller than one inch equals 40 feet, shall be submitted electronically showing the following information unless waived by the administrative officer. The application fee shall be $100.00.

  • (1) Name of the proposed development and names and addresses of the developer and property owners, name of the registered architect or engineer designing the plan and associated stamp of registration.

  • (2) Sheet size equals 24 inches by 36 inches (electronic).

  • (3) Locus map at a scale of one inch equals 1,000 feet.

  • (4) Date, north arrow, graphic scale, contours at two-foot intervals and where slopes are three percent or less at one-foot contour intervals.

  • (5) Zoning boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 400 feet also shall be indicated. Such features shall be shown on a separate map or as a keep map on the detail map itself, abutting property owners within 400 feet and lot and plat numbers should also be marked.

  • (6) Location and general exterior dimensions of existing structures and signs.

  • (7) Existing and proposed sewers, water mains, culverts and other underground appurtenances within and adjacent to the lot or tract, pipe sizes, grades, manholes and locations.

  • (8) Distance on all sides between buildings and property lines as measured on the site. If such distances are within 50 feet of a required setback, that property line must be verified via class I boundary survey.

  • (9) Building use including number of employees and/or number of units; e.g., beds, offices and/or employees.

  • (10) Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking.

  • (11) Location, arrangement and dimensions of off-street loading spaces.

  • (12) Location and dimensions of vehicular drives; entrances and exits; acceleration and deceleration lanes; and location and dimension of pedestrian entrances, exits, walks and walkways.

  • (13) Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines, within 400 feet of the development.

    • a. Location of existing rock outcrops, general soil types, high points, vistas, watercourses, depressions, ponds, marshes, wetlands, wooded areas and stands of major trees (12-inch caliper or over), flood plain designations as shown on the flood insurance rate maps for the town, and other significant existing features including previous flood elevations of watercourses, pond and marsh areas as determined by survey.

    • b. If any area falls within a flood zone other than zone x as delineated on the flood insurance rate maps, the area will be shown and base elevations (if known) shown.

  • (14) Method of solid waste disposal and screening of refuse areas.

  • (15) Location, type, intensity of illumination and height of all outdoor lighting fixtures, including sketches as appropriate to indicate the visual impact on the surrounding area and the general character of the community in order to eliminate sky glare and glare onto adjoining properties.

  • (16) Location, design, and exterior dimensions of proposed principal and accessory buildings and signs.

  • (17) Finished grades, slopes, banks and ditches.

  • (18) Landscaping retained and created showing botanical name, location and approximate size of plantings and screen plantings.

  • (19) Location, height and materials of walls and fences.

  • (20) An architectural rendering of plans or building elevations indicating exterior building design.

  • (21) Total floor area of structures-and ground coverage of and impervious surfaces (parking areas, etc.) shall be identified and measured as a percentage of lot coverage.

  • (22) The stages, if any, to be followed in the construction of the development, if it is to be developed in sections.

  • (23) Accompanying information shall include:

    • a. Soil erosion and stormwater runoff control plans in accordance with the erosion and sediment control regulations of chapter 26.

    • b. A report by the state department of environmental management as to the suitability of the soil and design of individual sewage disposal. The location of the ground water table in the vicinity of any proposed septic field.

    • c. Location and extent of any wetlands and approval of state agencies for alteration of, or construction within, wetland areas, determination of special flood hazard requirements. The location of the ground water table in the vicinity of any proposed septic field.

    • d. Summary of existing and proposed easements, restrictions and covenants placed on the property.

• (e) Applications requesting relief from the zoning ordinance.

  • (1) Applications under this chapter which require relief which qualifies only as a modification under section 38-321 shall proceed by filing an application under this section and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in section 38-321, such application shall proceed under unified development plan review pursuant to section 38-325 and section 32-46 and shall be elevated to formal development plan review.

  • (2) Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review pursuant to section 38-325 and section 32-46, and shall be considered formal development plan review applications, not to be reviewed under this section.

• (f) Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days or within 15 days if no street creation or extension is required, according to the provisions of [G.L.] § 45-23-36(b). The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

• (g) Review stages—Administrative development plan review. Administrative development plan review consists of one stage of review. The review shall be limited to the site plan requirements listed in subsection (d) of this section and the performance standards listed in subsection (k) of this section. The administrative officer shall only be authorized to grant waivers from these two subsections if the requirements listed in either of these subsections are deemed by the technical review committee to not be relevant to the application.

• (h) Timeframes for decision. An application shall be approved, denied, or approved with conditions within 25 days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and administrative officer.

• (i) Failure to act. Failure of the administrative officer to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.

• (j) Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in section 32-48. Validity may be extended for an additional period upon application to the administrative officer, upon a showing of good cause. Construction shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

• (k) Performance standards. The following criteria are to be used by the planning board in judging applications for site plan reviews and shall serve as minimum requirements for approval of the site plan. The site plan shall be approved, unless, in the judgment of the planning board, the applicant is not able to meet one or more of the following standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application. These standards shall apply to both the preliminary and final plan.

  • (1) Landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of the soil and retaining existing vegetation during and after construction. After construction is completed, landscaping shall be installed according to the landscaping design shown on the site plan that will define, soften or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or buildings or site, and to minimize the encroachment of the proposed use on neighboring land uses.

  • (2) Visual relationship of buildings. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of buildings and such natural features such as slope, soil type and drainageways.

  • (3) Vehicular access. The proposed site layout shall provide for safe access and egress from public and private roads by providing adequate location, numbers and control of access points, including site distances, turning lanes and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the town. Town roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer may be required to provide a traffic impact report prepared by a certified traffic engineer if there are unusual safety concerns such as inadequate sight distance or a history of traffic accidents in the area proposed for development.

  • (4) Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas.

  • (5) Stormwater runoff and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm drainage system. Whenever possible, onsite absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions will be made to control erosion during and after construction. Reference is made to the state erosion and sediment control handbook.

  • (6) Existing utilities. The development shall not impose unreasonable burdens on sewers, sanitary and storm drains, water lines or other public utilities.

  • (7) Advertising features. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed buildings and structures and surrounding properties and conform with article VI of this chapter.

  • (8) Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utilities, buildings and similar structures shall have sufficient setbacks and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

  • (9) Exterior lighting. All exterior lighting shall be designed to minimize impact on neighboring properties. All exterior lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

  • (10) Municipal services. The development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

  • (11) Water pollution. In making this determination, it shall at least include the elevation of the land above sea level and its relation to the floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal and other DEM approved discharge; the slope of the land and its effect on effluents; the aquifer and aquifer recharge areas; the availability of streams for surface runoff; and the applicable federal, state and local laws, ordinances, codes and regulations.

  • (12) Air pollution. The use of the site shall not reduce the ambient air quality. In making this determination, the applicant shall consult federal and state authorities to determine air quality laws and regulations.

  • (13) Water supply. Sufficient water must be available for reasonably foreseeable needs of the development and not cause any unreasonable burden on the existing water supply if this supply is utilized.

  • (14) Sewage disposal. Adequate sewage waste disposal must be provided.

  • (15) Unique areas. There must not be any undue adverse affect on the scenic or natural beauty of the areas, aesthetics, historic sites, or rare and irreplaceable natural areas.

  • (16) Capacity. The applicant has adequate financial and technical capacity to meet the above standards.

  • (17) Waterbodies. Whenever the proposed development is situated, in whole or in part, within 300 feet of any pond, lake, river or other freshwater wetland, it will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water. There will be no disturbance of soil within 100 feet of the outer edge of a wetland.

• (l) General provisions. General provisions concerning site plans for administrative development plan review are as follows:

  • (1) The administrative officer may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought and where the waiver is approved by the technical review committee. The waiver may be granted only by a decision by the administrative officer finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. Such findings are required to be approved by the technical review committee. The application for a waiver of development plan approval review shall include documentation, as required by the administrative officer, on prior use of the site, the proposed use, and its impact.

  • (2) The administrative officer, with the approval of the technical review committee may grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter.

  • (3) The administrative officer may require the filing of a performance bond or the execution of a conditional agreement with the municipality by the applicant.

  • (4) All construction performed under the authorization of a building permit issued for development within the scope of this chapter shall be in conformance with the approved site plan.

  • (5) Site plan procedure. Each applicant for site plan approval shall file with the administrative officer an electronic submission of the proposed site plan and a $100.00 application fee.

• (m) Appeal. A decision under this section shall be considered an appealable decision pursuant to [G.L.] § 45-23-71.

• (n) Extension or enlargement. The administrative officer may not extend or enlarge an administrative development plan approval except by granting a new administrative development plan approval.

• (o) Special conditions. In granting an administrative development plan, the administrative officer may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

  • (2) Controlling the sequence of development, including when it must be commenced and completed;

  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;

  • (4) Ensuring satisfactory installation and maintenance of required public improvements;

  • (5) Designating the exact location and nature of development; and

  • (6) Establishing detailed records by submission of drawings, maps, plats or specifications.

• (p) Uses in HC2 district. Any use reviewed as an administrative development plan which is located in the HC2 district shall be subject to all applicable subsections listed under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards. In such instances, the administrative officer shall obtain an advisory recommendation from the technical review committee.

• (q) Commencement of construction/project. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 2-8-2024(16))

• (a) For the purpose of promoting the public health, safety, morals and general welfare, in addition to reasons set forth in section 38-1, the town council hereby adopts and sets forth the procedure of this article to amend or repeal, and to provide for the administration, interpretation, and enforcement of this chapter, or any part thereof, on its own motion, on the petition of any person, group, or corporation, or on the recommendation of the planning board.

• (b) This chapter, and all amendments thereto, shall be consistent with the town's duly adopted comprehensive plan and shall provide for the implementation of this plan.

• (c) The town council shall refer every proposed amendment to the planning board for review and recommendation prior to the public hearing on the amendment.

(Ord. of 6-23-1994, art. X, § 1)

• (a) Upon application to the town council and filing at the office of the town clerk, all proposals for adoption, amendment or repeal of this chapter or zoning maps, shall be referred to the planning board.

• (b) All applications shall be accompanied by a filing fee of $150.00, in addition to a fee of $50.00, to cover expenses, both made payable to the town. These two fees must be received by the town clerk before action on the proposed amendment can be taken. Should expenses incidental to the amendment fall below the fees collected, the balance shall be returned to the applicant. Should expenses exceed fees collected, the applicant shall be billed accordingly.

• (c) Upon receipt of such an application, the town clerk shall notify the planning board, which shall submit an advisory opinion to the town council within 45 days.

• (d) The town council shall hold a public hearing within 65 days of the receipt of the proposal, giving proper notice as described in section 38-431.

• (e) A decision shall be rendered on any such proposal within 45 days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

(Ord. of 6-23-1994, art. X, § 2)

Any petition, motion or recommendation for an amendment to this chapter shall be made in writing, and shall contain the following information:

• • (1) A precise description of the proposed amendment or change;

  • (2) A precise description of the property which is the subject of the proposed amendment, including its location, the exact boundaries, and the extent and nature of the improvement;

  • (3) The full name and address of the owners of record and beneficial owners of the subject property; and

  • (4) The full names and addresses of the owners of all property that abuts the subject property.

(Ord. of 6-23-1994, art. X, § 3)

• (a) Submission; evaluation. All materials and information submitted in support of a proposed amendment shall be submitted to the planning board. The planning board shall solicit comments and/or other technical assistance from all relevant town departments, officers or commissions in order to evaluate the potential impact of the amendment on the environment, resources and facilities of the town.

• (b) Proposals to amend the text of this chapter. The planning board, in evaluating proposals to amend the text of this chapter, shall consider the following:

  • (1) Whether the amendment is consistent with the aims and principles embodied in this chapter;

  • (2) Whether the amendment is consistent with the town's comprehensive plan;

  • (3) How and where the amendment will affect the town's land uses, buildings and facilities;

  • (4) How and where the amendment will affect the town's natural land and water resources; and

  • (5) Whether and how the amendment will affect other regulations.

• (c) Proposals to amend the official zoning map. The planning board, in evaluating proposals to amend the town's official zoning map, shall consider the following:

  • (1) Whether the uses permitted by the proposed amendment are appropriate in the affected area;

  • (2) Whether existing public facilities, utilities and services, including roads, are adequate to serve the demand that may result from the proposed amendment; and, if not, whether adequate public facilities, utilities and services are likely to be created;

  • (3) Whether the proposed amendment is consistent with existing or proposed plans in the vicinity of the affected area; and

  • (4) Whether the proposed amendment will promote the development of the town as contemplated in the town's comprehensive plan.

(Ord. of 6-23-1994, art. X, § 4)

Following its review, the planning board shall prepare a written report and recommendation for the town council. The report shall include a discussion of the factors of this article and the reasons supporting the recommendation. The report shall include:

• • (1) A statement on the general consistency of the proposal with the town's comprehensive plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

  • (2) A demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in article I of this chapter.

If the planning board recommends that the town council adopt the amendment, the report shall also describe any conditions which warrant the amendment. The failure of the planning board to submit a report to the town council shall be deemed to constitute a recommendation for adoption of the proposed amendment.

(Ord. of 6-23-1994, art. X, § 5; Ord. of 10-26-2023(8))

• (a) No zoning ordinance shall be adopted, repealed or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the town at least once each week for three consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the state department of administration and, where applicable, to the parties specified in subsections (b), (c), (d) and (e) of this section at least two weeks prior to the hearing. Such newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

  • (1) Specify the place of the hearing and the date and time of its commencement;

  • (2) Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

  • (3) Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

  • (4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

  • (5) State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of the hearing.

• (b) Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.

• (c) Where a proposed general amendment to an existing zoning ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in subsection (a) of this section with the additional requirements that:

  • (1) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing roads and their names, and town boundaries, where appropriate; and

  • (2) Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within 200 feet of the perimeter of the area proposed for change, whether within the town or within an adjacent town in which the property is located.

• (d) Notice of a public hearing shall be sent by first class mail to the town council of any town to which one or more of the following pertain:

  • (1) Which is located within 200 feet of the boundary of the area proposed for change; or

  • (2) Where there is public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

• (e) 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 and that is within 2,000 feet of any real property which is the subject of a proposed zoning change; provided, however, that the governing body of any state or municipal water company has filed with the building inspector in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

• (f) No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

• (g) Costs of any notice required under this section shall be borne by the applicant.

• (h) In granting a zoning ordinance amendment, the town council may limit the change to one or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitation:

  • (1) Requiring the petitioner to obtain a permit or approval from any and all federal, state or local governmental agencies having jurisdiction over the land and use which are subject to the zoning change;

  • (2) Relating to the effectiveness or continued effectiveness of the zoning change; and/or

  • (3) Relating to the use of the land as it deems necessary.

The building inspector and the town clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, however, that in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the town council may, after a public hearing as set forth in this section, change the land to its original zoning use before such petition was filed. If any limitation, condition or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

(Ord. of 6-23-1994, art. X, § 6)

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State Law reference— Vested rights, G.L. 1956, § 45-24-44.

An applicant shall be vested, and an application shall be deemed substantially complete for the purposes of this article if the following occurs.

(Ord. of 6-23-1994, art. XIV, (intro. ¶))

• (a) Building official. Where no planning board approval or zoning board approval is required, an applicant is vested on the date that the building official certifies than an application for a building permit or a modification is complete.

• (b) Administrative officer. Where no planning board approval or zoning board approval is required, an applicant is vested on the date that the administrative officer certifies that an application for administrative subdivision, administrative development plan review or minor subdivision and/or land development meeting the criteria of G.L. § 45-23-38(a)(2) is complete. The applicant is vested under this chapter and regulations in effect at the time of certification, not on the date of the application.

(Ord. of 6-23-1994, art. XIV, § 1; Ord. of 2-22-2024(26); Ord. of 4-24-2025(20))

Where only planning board approval is required, an applicant is vested on the date that administrative officer certifies the application is complete. The applicant is vested under this chapter and regulations in effect at the time of certification, not the date of application.

(Ord. of 6-23-1994, art. XIV, § 2; Ord. of 4-24-2025(21))

Where only zoning board approval is required, an applicant is vested on the date that the administrative officer certifies that the application is complete. The applicant is vested under this chapter and regulations in effect at the time of certification, not the date of application.

(Ord. of 6-23-1994, art. XIV, § 3; Ord. of 4-24-2025(22))

Editor's note— An ordinance adopted Apr. 24, 2025, repealed § 38-470, which pertained to development requiring both planning and zoning approval, and derived from an ordinance adopted June 23, 1994, art. XIV, § 4; and an ordinance adopted Jan. 25, 2024.

(Ord. of 9-28-2023)