Town of Glocester Zoning Ordinance

The zoning regulations and districts set forth in this chapter have been established in accordance with the Glocester Comprehensive Community Plan, adopted, and as may be amended, in accordance with R.I.G.L. § 45-22.2, and for the following purposes, each with equal priority and numbered for reference purposes only:

• A. Promoting the public health, safety, and general welfare;
• B. Providing for a range of uses and intensities of use appropriate to the character of the Town and reflecting current and expected future needs;
• C. Providing for orderly growth and development which recognizes:
  • (1) The goals and patterns of land use contained in the Comprehensive Plan of the Town adopted pursuant to Rhode Island General Laws, Title 45, Chapter 22.2;
  • (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface and groundwater pollution;
  • (3) The values and dynamic nature of freshwater ponds, shorelines and wetlands;
  • (4) The values of unique or valuable natural resources and features;
  • (5) The availability and capacity of existing and planned public and/or private services and facilities;
  • (6) The need to shape and balance development; and
  • (7) The use of innovative development regulations and techniques.
• D. Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation;
• E. Providing for the protection of the natural, historic, cultural, and scenic character of the Town;
• F. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space;
• G. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements;
• H. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing;
• I. Providing opportunities for the establishment of low- and moderate-income housing;
• J. Promoting safety from fire, flood, and other natural or man-made disasters;
• K. Promoting a high level of quality in design in the development of private and public facilities;
• L. Promoting implementation of the Glocester Comprehensive Plan adopted pursuant to Title 45, Chapter 22.2, of the Rhode Island General Laws;
• M. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality;
• N. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process;
• O. Providing for procedures for the administration of this chapter, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.

The districts and regulations contained in this chapter are made in accordance with and consistent with the Glocester Comprehensive Community Plan, as adopted and as may be amended. In the instance of uncertainty in the construction or application of any section of this chapter, the chapter 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 Glocester Comprehensive Community Plan.

Any change in this chapter that may have an effect upon a contiguous municipality or other agencies of local or state government shall allow for the coordination of affected or interested parties in the ordinance amendment, adoption and revision process, as specified § 350-7E(8) of this chapter, and as may be required in Title 45, Chapter 22.2 of the Rhode Island General Laws.

• A. Use: No building, structure, premises or land shall be occupied, used, erected, constructed, reconstructed, altered, moved or enlarged for any use other than that which is permitted in the zone in which such building, structure or premises is located. No building, structure, premises or land shall hereafter be used for any use other than is permitted in the zone in which it is located, except as herein provided. Any use not specifically listed or otherwise permitted in a district hereafter established by this chapter shall be deemed prohibited.
• B. Dimension: No building or structure shall hereafter be erected, constructed, reconstructed, altered, moved or repaired to exceed the dimensional limits established for the zone within which such building or structure is located, except as hereafter so provided.
• C. Density: No land shall be altered, divided, subdivided and no lot or lots shall be created, used or occupied unless in conformity with the density and dimensional requirements of this chapter.
• D. Notwithstanding any provision of this chapter, structure, buildings, and land may be erected and/or used by the Town of Glocester, or any agency or department thereof, for public or municipal purposes in any zoning district, and said structures, buildings, and lands so erected or used shall be exempt from the provisions of this chapter. Prior to exercising the exemption, the Town Council shall hold a public hearing in accordance with § 350-7E(8).

  [Added 11-18-2021, effective 11-18-2021]

[Amended 11-15-2007, effective 12-20-2007; 3-16-2017, effective 3-16-2017; 6-6-2019, effective 6-6-2019; 1-16-2020; effective 1-16-2020; 12-7-2023, effective 12-7-2023; 11-21-2024, effective 11-21-2024]

The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them and shall be controlling. Terms not defined herein shall have the meanings customarily assigned to them.

ABUTTER — One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

ACCESSORY FAMILY DWELLING UNIT — An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

ACCESSORY USE — 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 — The conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.

AGGRIEVED PARTY — An aggrieved party, for purposes of this chapter, shall be:

• A. Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this chapter; or
• B. Anyone requiring notice pursuant to this chapter.

AGRICULTURAL BUILDING — A structure designed, constructed and primarily intended for support of an agricultural operation, such as, but not limited to, storage of farm animals, implements and equipment, supplies or products, and the production of farm-related products, that contains no residential use and is not open to the public. Residential structures and residential garages shall not be considered as agricultural buildings.

AGRICULTURAL LAND — As defined in R.I.G.L. 45-22.2-4, land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

AGRICULTURAL OPERATIONS — Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, fur-bearing animals, poultry or bees, or as such definition may be amended from time to time in § 2-23-4 of the Rhode Island General Laws entitled "The Rhode Island Right to Farm Act."

AGRICULTURAL PRODUCTS — Cultivated or raised plant and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing. All uses listed in § 350-12, Prohibited uses, remain prohibited.

AGRICULTURAL-RELATED PRODUCTS — Products, other than agricultural products as defined in this section, which are built, constructed, or crafted on a farm by the landowner and/or his/her family members such as crafts, art, books, clothing or quilts. This definition also includes hand garden tools, lawn and garden supplies such as potting soil, peat moss or other soil amendments, seed, pots, planters and similar items. This definition specifically excludes products which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools, or hardware. All uses listed in § 350-12, Prohibited uses, remain prohibited.

AIRPORT HAZARD AREA — Any area of land or water upon which an airport hazard might be established if not prevented as provided for in Title 1, Chapter 3 of the Rhode Island General Laws.

ALTERATIONS — As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by movement from one location or position to another.

ANTENNA — A device utilized to emit or receive radio frequency communications, including antenna configurations such as panel antennas, whip-style antennas, dish antennas and multielement antennas.

APPLICANT — An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

APPLICATION — The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

BILLBOARD or ADVERTISING STRUCTURE — Any sign or advertising device not related to a use on the lot regardless of its size or dimensions.

BOARD — The Zoning Board of Review of the Town of Glocester.

BREWPUB — An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar, and where 40% or more of the product made on-site is sold on-site. Brewpubs may distribute to off-site accounts or sell beer to take away in accordance with state law. A manufacturer's license to make alcoholic beverages under R.I.G.L. shall be required, and such establishments must meet all licensing requirements for local food service.

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

BUILDING — Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING ENVELOPE — The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

BUILDING HEIGHT — The vertical distance from grade, as determined by the Town, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flagpoles, and the like.

CAMOUFLAGE — A method of disguising or reducing the visibility of wireless facilities, towers and antennas through painting, enclosing, shielding behind or inside another structure.

CLUSTER — 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.

COMMERCIAL GREENHOUSE — A structure utilized for seed germination, plant propagation, hardening-off of, forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings.

COMMON OWNERSHIP — Either:

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

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

• A. Whenever six or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws. All requirements pertaining to local zoning are waived for these community residences;
• B. A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws;
• C. 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 Chapter 72.1 of Title 42 of the Rhode Island General Laws;
• D. 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.

COMPREHENSIVE PLAN — The Comprehensive Plan adopted and approved pursuant to Title 45, Chapter 22.2 of the Rhode Island General Laws; and any zoning ordinance adopted shall be in compliance with said aforementioned chapter.

CONSERVATION DEVELOPMENT — A type of land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. See Glocester Land Development and Subdivision Regulations.

CONVENTIONAL SUBDIVISION — A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way; not a conservation development.

CONVENTIONAL YIELD PLAN — A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of single-family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account the presence of physical constraints to development, such as wetlands, or other land unsuitable for development.

CUL-DE-SAC — A required turnaround at the termination of a dead-end street, the right-of-way diameter of which is required to be as set forth in Chapter 300, Subdivision of Land.

DAY CARE —

• A. DAY-CARE CENTERAny other day-care center which is not a family day-care home.
• B. FAMILY DAY-CARE HOMEAny 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 fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

DAY SPA — A business that provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments.

DENSITY, RESIDENTIAL — The number of dwelling units per unit of land.

DEVELOPMENT — 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 — As defined in Article X. Section 10.01 of the Glocester Subdivision Regulations and RIGL § 45-23-32.

DIMENSIONAL VARIANCE — Permission to depart from the dimensional requirements of this chapter under the applicable standards set forth in Article I, § 350-8E(3) and RIGL § 45-24-41.

DISTILLERY — An establishment or facility that manufactures intoxicating liquor on premises and has been issued a manufacturer's license under applicable R.I.G.L. § 3-6-1.

DISTRICT — See "zoning use district."

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

DRIVE-IN BUSINESS — A business enterprise where goods such as, but not limited to, food, beverages, retail commodities, or services, such as, but not limited to, banking or car wash services, are sold or transacted outside the confines of a building or portion thereof, in such a manner that customers are not usually required to leave their vehicles.

DUPLEX — Two single dwelling units, within the same structure, each with separate entrances divided by a common party wall and/or floor assembly.

DWELLING UNIT — 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.

EARTH REMOVAL — The extraction, or removal of any soil, loam, sand, gravel, or clay from deposits on a tract of land, as regulated and licensed by the Town Council under Chapter 166, Earth Removal, as may be amended.

EQUESTRIAN FACILITIES — Commercial horse facilities, including boarding stables, riding schools, horse exhibition facilities, and riding areas. This includes barns, stables, corrals, and paddocks accessory and incidental to above uses.

EXTRACTIVE INDUSTRY — 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.

FAMILY — A person or persons related by blood, marriage, or other legal means. See also "household."

FARM — Agricultural land together with principal and accessory buildings, upon which agricultural operations are conducted or operated by an individual or business entity with a state farm tax number issued pursuant to R.I.G.L. § 44-18-30(32).

• A. SMALL FARMA tract of land occupying less than 10 contiguous acres which meets the above definition.
• B. MEDIUM FARMA tract of land occupying at least 10 contiguous acres but less than 25 contiguous acres which meets the above definition.
• C. LARGE FARMA tract of land occupying at least 25 contiguous acres that meets the above definition.

FARM CAFE — A type of farm-based retail in a farm retail sales building engaged in the sale and service of food and beverages to order, prepared and consumed at a farm, and which operates as an accessory use clearly subordinate to the farm operation. The food service must be in compliance with applicable state regulations and have no more than 20 seats for patrons.

FARM HOME FOOD PRODUCTION — Production and sales in compliance with R.I.G.L. § 21-27-6.1 which allows the production of jams, jellies, preserves, vinegars, double-crust pies, yeast breads, maple syrup, candies/fudges, and dried herbs/spices. All food, to the extent possible, must use Rhode Island-grown produce.

FARM PRODUCT PROCESSING — The processing of all agricultural products raised on the premises as defined in this section subject to all applicable state and Town regulations and licensing requirements. The processing of agricultural products not raised on the premises is not allowed. This definition specifically excludes any processing activities that would by their very nature be typically processed in a commercial or industrial location, including but not limited to any process that would use hazardous materials as defined by the U.S. Environmental Protection Agency and the U.S. Occupational Safety and Health Administration or generate objectionable odors, dust, noise or smoke and all uses listed in § 350-12, Prohibited uses.

FARM RETAIL SALES BUILDING — A building located upon a farm, not exceeding 1,200 square feet in gross floor area per farm, the principal use of which is the sale of farm or farm-related products at retail to the general public.

FARM WINERY/BREWERY/DISTILLERY — An agricultural operation that grows and processes grapes, other fruit products, grains or vegetables to produce wine, beer or spirits in accordance with RI General Laws section 3-6-1. Processing includes wholesale sales, crushing, brewing, distilling, fermenting, blending, aging, storage, bottling, and administrative office functions. Retail sales and tasting facilities of wine, beer, spirits and related promotional items, as well as a farm café with limited food service, may be permitted as part of the winery, brewery or distillery operations.

FARM-BASED CONTRACTING BUSINESS — The use of an owner-occupied dwelling or of a building accessory thereto as a place for an office or incidental storage of supplies and equipment in conjunction with an off-premises trade by a builder, carpenter, electrician, painter, plumber, arborist, logger, or similar contractor who resides on-site where such use is clearly subordinate to the primary use of the premises as a farm, employs no more than four nonresident employees and involves no retail sales from the premises. Uses such as the transportation of fuel, oil, wastewater, or hazardous waste, as defined by Rhode Island Department of Environmental Management hazardous waste regulations, are not permitted as a farm-based contracting business. Nothing herein shall prevent a farm owner from having a fuel truck available to fuel on-site machinery.

FARM-BASED RETAIL — The retailing on a farm of agricultural products.

FARMERS' MARKET — An occasional or periodic market, with goods offered for sale to the general public by individual sellers from open-air or semienclosed facilities or temporary structures. The market is composed of vendors with outdoor stalls, stands or spaces used for the purpose of display and sale of merchandise, which is limited to home-produced or locally grown farm/forest products, food, and agricultural crafts.

FLOATING ZONE — An unmapped zoning district adopted within the chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved.

FLOODPLAINS or FLOOD HAZARD AREA — An area that has a one-percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended.

GROUNDWATER — Water found underground which completely fills the open spaces between the particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the "zone of saturation."

HABITABLE SPACE — As defined in Article 2, Section 201, of the Rhode Island State Building Code (RISBC SBC-1), as amended.

HALFWAY HOUSE — 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 — A determination rendered by the Zoning Board of Review that is consistent with the requirements of R.I.G.L. § 45-24-41.

HISTORIC DISTRICT or HISTORIC SITE — As defined in R.I.G.L. § 45-22.2-4.

HOME OCCUPATION — Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit located within a residentially zoned area, but not to include any dealing and/or selling of firearms or related products.

HOUSEHOLD — 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:

• A. A family, which may also include servants and employees living with the family; or
• B. A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than three.

INCENTIVE ZONING — The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

INFRASTRUCTURE — Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

LAND DEVELOPMENT PROJECT — As defined in Article III. Section 3.01 of the Glocester Subdivision Regulations and RIGL § 45-23-32.

LAND SUITABLE FOR DEVELOPMENT — Total lot area less land unsuitable for development.

LAND UNSUITABLE FOR DEVELOPMENT — Land which has environmental constraints or physical constraints to development. The regulations in § 350-58 shall apply.

LARGE BREWERY — An establishment where beer or malt beverages are made on premises with a total production greater than 50,000 gallons per year. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L.§ 3-6-1, as amended, is required.

LARGE TOWER FACILITIES — Sometimes referred to as “high-intensity facilities.” These facilities are considered to be greater than 125 feet in height or are designed to carry antenna arrays for more than four telecommunications carriers.

LINE, STREET — A lot line separating a lot from an adjacent street.

LIVESTOCK — Any farm animal used for profit or sale.

LOT — Either:

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

LOT AREA — The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

LOT BUILDING COVERAGE — That portion of the lot that is or may be covered by buildings and accessory buildings.

LOT, CORNER — A lot at the junction of and fronting on two or more intersecting streets.

LOT DEPTH — 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 — That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.

LOT LINE — A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

• A. FRONTThe lot line separating a lot from a street right-of-way.
• B. REARLot 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 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
• C. SIDEAny lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of this chapter.

LOT OF RECORD — A parcel of land recorded by deed or plat in the office of the Town Clerk of Glocester.

LOT, THROUGH — A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH — 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.

MEDICAL MARIJUANA —

• A. CAREGIVER CULTIVATIONMarijuana cultivation for medical use only by a single registered caregiver cardholder, as defined by R.I.G.L. § 21-28.6.
• B. COMPASSION CENTERAs defined in R.I.G.L. § 21-28.6-3, a not-for-profit entity registered under R.I.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.
• C. MARIJUANA CULTIVATION CENTERAny entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport or supply marijuana, medical or otherwise, to a registered compassion center, or other entity authorized to dispense marijuana.
• D. MARIJUANA EMPORIUMAny retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called "vape lounge," or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form. This shall not include a compassion center or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.
• E. MARIJUANA STOREAny retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.
• F. MARIJUANA TESTING PROVIDERAny entity that, under state law, may perform independent testing of marijuana or marijuana products, medical or otherwise.
• G. NONRESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a nonresidential zone, or of a building, or portion thereof, located in a nonresidential zone, for the cultivation of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.
• H. RESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a residential zone, or of a building, or a portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined by R.I.G.L. § 21-28.6-3.
• I. PERSONAL MARIJUANA CULTIVATIONMarijuana cultivation by a single registered cardholder, as defined by R.I.G.L. § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only. Please refer to § 350-58.1 for additional criteria for personal marijuana cultivation.

MERE INCONVENIENCE — A standard which is considered by the Zoning Board of Review in applications for variances, pursuant to Title 45, Chapter 24-41 of the Rhode Island General Laws.

MICROBREWERY — An establishment where beer or malt beverages are made on premises with a total production of 50,000 gallons per year or less. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1, as amended, is required.

MIXED USE — A mixture of land uses within a single development, building, or tract.

MOBILE MEAT PROCESSING — The preparation of meat for human consumption using a United States Department of Agriculture Food Safety and Inspection Service-inspected mobile slaughter unit.

MODIFICATION — Permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of this chapter contained herein to grant a dimensional variance other than lot area requirements from this chapter to a limited degree as determined by this chapter, but not to exceed 25% of each of the applicable dimensional requirements.

MOTEL — A structure or group of structures which provide sleeping rental units for temporary occupancy, in which each rental unit has a private entrance direct to the outside or a corridor and in which each rental unit has its own sanitary facilities. Motels include motor courts, tourist courts, cabins, motor lodges, and similar facilities.

MULTIPLE DWELLING or APARTMENT STRUCTURE — A residential building designed for or occupied by three families or more, with the number of families in residence not to exceed the number of dwelling units provided.

NONCONFORMANCE — 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 such ordinance or amendment. Nonconformance shall be of only two types:

• A. Nonconforming by use: a lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; or
• B. Nonconforming by dimension: 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 shall be 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, shall be nonconforming by dimension.

NURSERY — A farm designed to grow and temporarily store plants that will be purchased, installed and maintained at another site. May sell accessory goods such as planters, soil, compost, and hand-held gardening tools.

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

PERFORMANCE STANDARDS — A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERMITTED USE — A use by right which is specifically authorized in a particular zoning district.

PICK-YOUR-OWN CROPS — Fee-based operations on farms that allow customers to harvest farm products.

PLANNED DEVELOPMENT — A land development project, as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

PREAPPLICATION CONFERENCE — 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.

PRODUCT STAND — A freestanding structure or vehicle located upon a farm, the principal use of which is the sale of agricultural products at retail to the general public. A product stand shall not exceed 200 square feet.

PROFESSIONAL OFFICE — An occupation and office use to carry out professional activities relating to an activity that properly involves a scientific or artistic education or its equivalent and usually mental rather than manual labor.

PUBLIC — As used in this chapter, refers to use and not ownership.

SERVICE STATION or FILLING STATION — A building or premises, or portion thereof, arranged, intended, or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles and the rendering of services such as lubrication, washing, minor repairs with hand tools where such service facilities are incidental to such principal filling station uses but not including body or fender work or major repairs.

SETBACK LINE OR LINES — 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.

SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

SOIL — Any naturally occurring unprocessed earth, sand, clay, loam, gravel, humus, or similar loose earth product, including topsoil.

SMALL TOWER FACILITIES — Sometimes referred to as “low-intensity facilities.” These facilities are considered to be 125 feet or less in height or are designed to carry four or fewer telecommunications carriers.

SPECIAL USE — A regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to Title 45, Chapter 24-42 of the Rhode Island General Laws; formerly referred to as a “special exception.”

STREET — Includes streets, avenues, highways, boulevards, parkways, roads, lanes, alleys, and other public ways.

STREET LINE — A lot line separating a lot from an adjacent street.

STRUCTURE — 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 — Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.

TATTOO PARLOR — An establishment in which tattooing is carried out professionally.

TELECOMMUNICATIONS FACILITY — An installation that provides for the transmission or reception of any type of radio communications.

TOWER — Any structure constructed for the purpose of elevating and/or supporting of antenna from ground level such as a lattice tower or monopole.

TOWN — Shall refer to and be interpreted to mean the Town of Glocester.

TRAILER or MOBILE HOME — Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power.

USE — 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 — 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, which is prohibited by this chapter. There shall be only two categories of variance: a use variance or a dimensional variance.

• A. USE VARIANCEPermission 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.
• B. DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

WATERS — All surface waters, including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands.

WETLAND, FRESHWATER — Includes, but shall not be limited to, marshes; swamps; bogs; ponds; rivers; river and stream floodplains and banks; areas subject to flooding or storm flowage; emergent and submergent plant communities in any body of fresh water, including rivers and streams and that area of land within 50 feet of the edge of any bog, marsh, swamp or pond.

WINERY — An establishment or facility that produces or manufactures and bottles wine on the premises for sale. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1., as amended, shall be required.

WIRELESS COMMUNICATIONS FACILITY (WCF) — An installation at one site that facilitates the provision by one service provider of a personal wireless service as defined by the Federal Telecommunications Act of 1996, as amended; the combination of a complete set of equipment that facilitates the provision of wireless services. Such equipment typically includes base station equipment, and related hardware, antennas, interconnecting cables and antenna supports (mounts).

YARD — An open space on the same lot with a principal building or structure, unoccupied and unobstructed by a building or structures.

YARD, FRONT — The area between the street line and the minimum setback line extending between side lot lines.

YARD, REAR — The area between the rear lot line and the minimum rear yard setback line extending between side lot lines.

YARD, SIDE — A required yard extending from the rear of the required front yard to the front of the rear yard.

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

ZONING MAP — The map or maps which are a part of the zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town.

ZONING ORDINANCE — An ordinance enacted by the legislative body of the Town pursuant to Title 45, Chapter 24 of the Rhode Island General Laws and in the manner providing for the adoption of ordinances in the Town's home rule charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Comprehensive Plan of the Town as defined in Title 45, Chapter 22.2 of the Rhode Island General Laws, which includes a Zoning Map, and which complies with the provisions of said chapter.

ZONING USE DISTRICTS — The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.

Editor’s Note: See Ch. 300, Subdivision of Land.

Editor's Note: The Zoning Map is included at the end of this chapter.

• A. For the purpose of this chapter, the Town of Glocester is hereby divided into the following districts:

  	A-4	Agricultural-Residential	This district is intended for agricultural use and low-density single-family dwellings, detached structures, located on lots containing a minimum lot area of four acres
  	A-3	Agricultural-Residential	This district is intended for agricultural use and low-density single-family dwellings, detached structures, located on lots containing a minimum lot area of three acres
  	R-2	Residential	This district is intended for single-family dwellings, detached structures, located on lots containing a minimum lot area of two acres
  	B-1	Neighborhood Commercial	This district is intended for commercial uses that primarily serve local neighborhood market needs for convenience retail, services and professional office establishments
  	B-2	Highway Commercial	This district is intended for commercial uses that serve Town-wide or regional market needs for retail, services and professional office establishments
  	I	Industrial	This district is intended to provide for general manufacturing and industrial uses

• B. Special provisions. These districts comprise overlay, floating or special-purpose designations that are superimposed on existing zoning district(s) or portion(s) thereof and which are intended to impose specific requirements and standards, in addition to or in place of the otherwise applicable and/or existing regulations. These districts exist as follows:
  • (1) Historic District. This district is structured in accordance with Title 45, Chapter 24.1, of the Rhode Island General Laws, as amended, to preserve districts and specific buildings of the Town of Glocester which reflects elements of its cultural, social, economic, political, and architectural history, to stabilize and improve property values in the historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and specific buildings for the education, pleasure and welfare of the residents of the Town of Glocester.
  • (2) Flood Hazard Area. This district is established to govern the development and use of land subject to flood hazards, as defined as wholly or partly within Zone A and Zones A1-A30 as identified on the Flood Insurance Rate Map as part of the Flood Insurance Study, which also includes the Flood Boundary and Floodway Map, compiled by the Federal Emergency Management Agency.
  • (3) Planned District. This district is intended to encourage and provide a means for effectuating desirable residential, industrial and commercial development, and conservation in the Town of Glocester, which will feature variations in siting mixed land uses and/or varied dwelling types; to preserve open space for community facilities and aesthetic considerations; and to provide more efficient and economical services and facilities to the residents of the area.
  • (4) Wellhead Protection District. (Reserved)
  • (5) Residential Compound District. (Reserved)
  • (6) Residential Cluster District. (Reserved)
  • (7) Village Overlay District.

    [Amended 3-15-2012, effective 4-11-2012]

  • (8) Commercial Cluster District. (Reserved)
  • (9) Watershed Protection District. (Reserved)
  • (10) Natural Resources Protection District. (Reserved)
  • (11) Scenic Highway District. (Reserved)
• C. Zoning Map. The location and boundaries of the zoning districts are hereby established as shown on maps filed in the office of the Town Clerk, entitled “Official Zoning Map of the Town of Glocester,” and the Historic District Designation Map, and are hereby incorporated into and made a part of this chapter.

  Editor's Note: The Zoning Map and the Historic District Designation Map and the Village Overlay District Map are included at the end of this chapter.

[Amended 11-21-2024, effective 11-21-2024; 11-21-2024, effective 11-21-2024]

• A. Zoning Officer. A zoning officer, hereinafter referred to as “Inspector,” shall be appointed by the Town Council. The minimum qualifications of the Inspector shall be the ability to intelligently interpret this chapter and to enforce the chapter in an effective, firm and tactful manner, and to carry out such other related duties as may be required from time to time by the Town Council.
• B. Zoning Officer duties. The Inspector shall enforce the provisions of this chapter, unless otherwise specified. No application, building permit or zoning certificate, plan specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the Inspector. In addition, the following duties shall be administered by the Inspector:
  • (1) Issue zoning certificates.
    • (a) Issue zoning certificates, upon written application, which shall be required for any of the following:
      • [1] Proposed occupancy and intended use of a building hereinafter erected, enlarged, or relocated.
      • [2] Proposed change in use of an existing building to a use of different classification.
      • [3] Proposed change in the use of land to a different use.
      • [4] Proposed change in use of a nonconforming use.
      • [5] Proposed driveway access to a state or Town road.
      • [6] Proposed erection, enlargement, replacement or relocation of any sign except as specified in Article V of this chapter.
    • (b) No such occupancy, use, change in use, driveway access or sign shall be initiated until the Inspector has issued a written zoning certificate stating that such conforms to all provisions of this chapter. If there is such conformity, such zoning certificate will be issued within five days of the receipt of written application for same is received by the Inspector.
    • (c) Written application for a zoning certificate for a new building or for an existing building which is intended to be enlarged shall be made at the same time as the application for the building permit for such building. No building permit for the erection of any building shall be issued before application has been made for a zoning certificate.
    • (d) The Inspector may require that copies of plans, specifications and other such information as he may deem necessary be filed with the application for such certificate.
    • (e) Pending the issuance of such a certificate, a temporary zoning certificate may be issued by the Inspector for a period of not more than six months during the completion of the construction of a building or of alterations, which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or the Town relating to the use or occupancy of the land or building, or any other matter covered in this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
    • (f) A record of all zoning certificates shall be kept on file in the office of the Inspector, and a copy shall be forwarded to the applicant, Zoning Board of Review, Town Council, and a copy shall be forwarded, on request, to any person.
    • (g) A fee for each copy requested shall be determined from time to time by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
  • (2) Review and approve, for zoning compliance, building permits and certificates of occupancy.
  • (3) Collect required fees for variances, special use permits, and appeal applications.
  • (4) Receive and review for proper form all applications for variances, special use permits, and appeals.
  • (5) Transmit all applications to the Zoning Board of Review, Planning Office, Town Council, and other agents or employees of the Town as elsewhere specified in this chapter.
  • (6) Prepare the calendar of the Zoning Board of Review in compliance with the Board's adopted rules of procedure.
  • (7) Keep records on compliance of uses of land.
  • (8) Inspect suspected violations and issue violation notices in cooperation with the appropriate law enforcement authority or the Town Solicitor.
  • (9) Maintain and update the text and Zoning Map comprising the zoning ordinance, in coordination with the Town Clerk.
    • (a) Changes which impact the Zoning Map shall be depicted on the Official Zoning Map within 90 days of the authorized change(s), and amendments to the text shall be included in the ordinance within 60 days of such authorized change(s). The Town Clerk shall be the custodian of the official zoning text and Zoning Map which comprises the zoning ordinance. In addition, the Town Clerk shall be responsible to receive, in proper form, petitions for amendments or repeals to the zoning text and/or amendments to the Zoning Map, as provided for elsewhere in this chapter. The Town Clerk shall also be authorized to collect fees for such petitions for amendment or repeal, as set forth and may be amended by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
    • (b) In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the Zoning Map until the zone change has become effective.
  • (10) Provide printed copies of the zoning ordinance, in a manner as specified elsewhere in this chapter, to the general public. A fee shall be charged for said ordinance, as specified and may be amended by the Town Council, and in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws. In addition, the Town shall send a copy of the zoning ordinance, without charge, to the Associate Director, Division of Planning, Department of Administration, State of Rhode Island.
  • (11) Modifications. The zoning officer is authorized to grant modification permits of up to and including 15% of the literal dimensional requirements of this ordinance as follows:
    • (a) Within 10 days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:
      • [1] The modification is reasonably necessary for the full enjoyment of the permitted use;
      • [2] If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
      • [3] The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;
      • [4] The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
    • (b) Upon an affirmative determination, the zoning 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 modification shall be scheduled for the next available hearing before the zoning board of review, or planning board if the application is subject to unified development review under § 350-57.1, on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification.
    • (c) The zoning officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.
    • (d) The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
    • (e) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
• C. Actions and decisions of the Inspector. Actions and decisions of the Inspector may be appealed to the Zoning Board of Review, as specified elsewhere in this chapter.
• D. Violations. The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Inspector may institute appropriate action(s) against any known violation(s), as follows:
  • (1) Any person, group of persons, or corporation violating any of the provisions of this chapter or any safeguard or condition attached to the granting of a special use permit or variance may be fined not more than $100 for each offense. Each day of the existence of a violation shall be deemed a separate offense. Immediately upon notification of any violation, the Town Solicitor shall institute appropriate action by way of warning or suit or other means in his discretion to prevent, enjoin, abate or remove such violation, or to recover fines therefor.
  • (2) The Town may cause suit to be brought in the Supreme or Superior Court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the Town, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Providence County Superior Court.
• E. Adoption and amendment(s). This chapter may be adopted and amended by application to the Town Council by a member of the Town Council, any person, group of persons, corporation or others desiring such adoption or amendment(s). Any amendment to this chapter, either the text, map or both, shall be consistent with the Glocester Comprehensive Community Plan, the Rhode Island Zoning Enabling Act of 1991, as specified in Title 45, Chapter 22.2 and Chapter 24 of the Rhode Island General Laws, and the Glocester Home Rule Charter. An amendment(s) may include the text language, the Zoning Map or a combination of the text and map. A petition to amend this chapter may be obtained from and must be filed in the office of the Town Clerk and shall conform to the following requirements:
  • (1) Define the section or subject area that is the subject of the instant petition and explain the nature of the proposed amendment and decision sought by the applicant.
  • (2) Assert whether the proposed amendment is consistent with the Glocester Comprehensive Community Plan, which shall include a specific citation referring to the goals and policies statement, the implementation program, and all other applicable elements of the plan.
  • (3) Provide the filing fee established, and as may be amended, by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
  • (4) In the instance where a Zoning Map amendment is proposed, a map must be submitted showing the shape, dimension and area of the existing and proposed amendment boundaries for the subject area and extending out 200 feet from the outer perimeter of the proposed amendment area, indicating:
    • (a) The location of all zoning district boundaries;
    • (b) The street numbers and assessor's lot numbers of all properties;
    • (c) The general location, shape, and use of all existing structures and buildings;
    • (d) A listing of all owners of real property located in or within not less than 200 feet of the perimeter of the area proposed for amendment, as listed on the most recent real estate tax assessment records of the town in which the property is located, regardless of municipal boundaries; and
    • (e) Such other information that may be determined necessary by Town officials for the proper execution of this chapter.
  • (5) Assert whether there is a public or quasi-public water source, or private water source, within 2,000 feet of any real property that is the subject of the proposed zoning text, map or both, amendment, regardless of municipal boundaries. In the instance of a text amendment(s) that affects a district or districts generally, this requirement shall include a determination as to whether a public or quasi-public water source is located in or within not less than a two-thousand-foot radius beyond the municipal boundaries of the Town. Such information shall be available in the office of the Town Clerk.
  • (6) Review process. All petitions for adoption or amendment(s) to this chapter shall be subject to the following review procedure:
    • (a) Upon receipt of a petition to amend the zoning ordinance text, map or both, the Glocester Town Clerk shall transmit a copy of such petition to the Town Council and Planning Board. The Planning Board shall study the proposal and submit an advisory recommendation to the Town Council within 45 days of its receipt of the proposal and give its findings and recommendations as specified in Title 45, Chapter 24 of the Rhode Island General Laws and § 350-7 of this chapter. The Town Council shall hold a public hearing on the instant proposal, after giving proper notice as specified in § 350-8 in this chapter, within 65 days of its receipt of the amendment proposal. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. However, these deadlines may be extended by consent of the applicant(s), and these deadlines shall be in accordance with Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws. In addition, within 15 days after the approval of an amendment to this chapter by the Town Council, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where an amendment changes the zoning ordinance map, the record copy of said map shall be amended to show the change and a notation shall be made thereon, giving the date of amendment and the appropriate reference into the Town Council records.
    • (b) In the instance where an amendment(s) to the zoning ordinance text, map or both is submitted by the Planning Board, the requirements for study by the Board may be waived, provided the proposal by the Planning Board includes its findings and recommendations pursuant to § 350-7E(7)(b) of this chapter and Title 45, Chapter 24, Section 52 of the Rhode Island General Laws.
    • (c) In granting a zoning ordinance text, map, or both, amendment, the Town Council may limit the amendment to one of those permitted uses in the zone to which the subject land is rezoned, and impose such limitations, restrictions, and conditions, including, without limitation:
      • [1] Requiring the petitioner to obtain a permit or approval from any and all state or local government agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning ordinance amendment;
      • [2] Those relating to the effectiveness or continued effectiveness of the zoning ordinance amendment; and/or
      • [3] Those relating to the use of the land, as it deems necessary. If such limitation, restrictions and/or conditions are imposed by the Town Council, the Town Clerk shall cause such to be clearly noted on the zoning ordinance map and recorded in the land evidence records; provided, however, in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning ordinance map until the zone change has become effective.
    • (d) If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purposed for a period of two years or more after the amendment becomes effective, the Town Council may, after a public hearing as specified elsewhere in this chapter, change the land to its original zoning use before the petition was filed.
    • (e) In the instance where a proposed change to the zoning ordinance text, map, or both, requires an amendment to the Comprehensive Community Plan, the Town Council shall first be required to approve the amendment to the Comprehensive Community Plan prior to granting the zoning ordinance change, in accordance with the requirements of this chapter and Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
  • (7) Planning Board. The Glocester Planning Board shall have the following responsibilities with regard to this chapter:
    • (a) At least once every two years, the Planning Board shall review this chapter and make a written report to the Town Council recommending any amendments deemed appropriate in the light of current development trends and needs. In addition, whenever changes are made to the Comprehensive Community Plan of the Town, the Planning Board shall identify any changes necessary to the zoning ordinance and/or Zoning Map to maintain consistency between the documents and forward a written report regarding its findings and proposed changes to the Town Council.
    • (b) Every proposal for an amendment or relief or repeal of any provision of this chapter shall be forwarded to the Planning Board for review to determine whether the proposed amendment(s) or relief or repeal is consistent with the Comprehensive Community Plan, adopted pursuant to Title 45, Chapter 22.2 of the Rhode Island General Laws, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Community Plan, and for an advisory opinion regarding the merits of the proposal. This determination and opinion shall be conveyed in a written report to the initiating body, within the time allowed as specified elsewhere in this chapter, that details a demonstration of recognition and consideration of each of the applicable purposes of the zoning ordinance and sound principles of planning and land use. In forming this determination and opinion the Planning Board may solicit the input and advice of other Town boards, officials and/or experts. The report to be prepared by the Planning Board shall include a determination whether the instant proposal is consistent with the Glocester Comprehensive Community Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive community plan, or whether an amendment to the Glocester Comprehensive Community Plan is necessary and proper, as specified in Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
  • (8) Notification. No amendment to the zoning ordinance text, map, or both, shall be enacted until after a public hearing has been held upon the specific proposal before the Town Council. Prior to the date of the public hearing by the Town Council, the Town Clerk shall first give notice of the public hearing by publication of notice in a newspaper of local circulation within the Town at least once each week for three successive weeks prior to the date of the 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 of the proposed amendment.
    • (a) The notice shall:
      • [1] Specify the place of the hearing and the date and time of its commencement;
      • [2] Indicate the proposed amendment of the zoning ordinance text, map, or both, that is under consideration;
      • [3] Contain a statement of the proposed amendment(s) to the zoning ordinance text, map, or both, that may be printed once in its entirety, or summarize and 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;
      • [5] State that the proposed amendment(s) 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. However, any amendment or alteration of the proposal must be presented for comment in the course of the hearing;
    • (b) Notice shall also be sent by certified or registered mail to the city or town council of any municipality that is located in or within 200 feet of the boundary of the area proposed for amendment, or also where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning ordinance amendment, regardless of municipal boundaries.
    • (c) 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 ordinance amendment; provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Glocester Town Clerk a map survey, which shall be kept as a public record, showing the areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
    • (d) In instances where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map, public notice shall be given as required in § 350-7E(5) and (8).
    • (e) In instances where a proposed amendment(s) to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required in § 350-7E(5) and (8), with the following additional requirements:
      • [1] Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and streets and roads and their names, and municipal boundaries where appropriate;
      • [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 in or within not less than 200 feet of the perimeter of the subject area proposed for change, whether within the Town or within an adjacent municipality; such notice shall be sent by first-class mail to the last known address of the owner(s), as shown on the current real estate tax assessment records of the municipality in which the property is located. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. Any notice sent by first-class mail shall submit a notarized affidavit to attest to such mailing.
    • (f) The same notice shall be posted in the Town Clerk's office and one other municipal building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing.
  • (9) Repetitive petitions.
    • (a) Where the Town Council, in the case of an amendment, or the Zoning Board of Review, in the case of a special use permit, or variance, denies the application, the Town Council or the Zoning Board may not consider another application requesting the same amendment, special use permit, or variance for a period of one year from the date of such denial or withdrawal.
    • (b) The Town Council or the Zoning Board, as the case may be, may accept such an application after six months, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said Council or Board, showing a substantial change or circumstances justifying a rehearing.

[Amended 7-15-2004, effective 8-11-2004; 3-15-2007, effective 3-15-2007; 11-21-2024, effective 11-21-2024]

• A. Membership.
  • (1) The Zoning Board of Review, hereinafter called the “Board,” is created. The Board shall be appointed by the Town Council and shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Zoning Board of Review shall also include two alternates to be designated as the first and second alternate members, appointed for terms of one year. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless he or she has attended all hearings concerning that matter. If vacancy occurs in the Board, the Town Council shall appoint a new member for the unexpired term. All members of the Board shall be legal residents of the Town, and no member shall be an elected official or salaried employee of the Town. All regular members shall be subject to removal by the Town Council for excessive absences from the Board meetings in accordance with Chapter 27, Meetings, Article I.
  • (2) Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this section respecting terms of originally appointed members until the expiration of their current terms.
• B. Organization. Once each year, the Board shall organize by electing from its membership a Chair and Vice-Chair. The Board may engage the services of a secretary or recorder within the limits of funds available to it or may appoint one of its members secretary.
  • (1) Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine; provided, however, said meetings are in accordance with the notice and open meeting requirements as specified elsewhere in this chapter and all applicable General Laws of Rhode Island. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
  • (2) All meetings of the Board shall be open to the public and in accordance with all such applicable local and state laws and regulations. All decisions of the Board shall be made and voted upon at a public hearing. In conducting meetings and rendering decisions, the Board shall consist of five participating members; provided, however, that no participating member of the Board shall participate or pass on any matter in which there exists a business, professional or personal interest. If such a conflict occurs, that member shall notify the Chair of such conflict and recuse himself or herself, and not sit as a participating member of the Board, nor take part in the conduct of the hearing before the Board.
  • (3) Participation in a zoning hearing or other proceeding by a party shall not be 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.
• C. Powers and duties. The Board shall have the following powers, duties, and obligations.
  • (1) Powers and duties:
    • (a) To hear and decide appeals in a timely fashion where it is alleged there is 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;
    • (b) To hear and decide appeals from a party aggrieved by a decision of an Historic District Commission, pursuant to Title 45, Chapters 24.1-7.1 and 7.2 of the Rhode Island General Laws;
    • (c) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to Title 45, Chapter 24-41 of the Rhode Island General Laws;
    • (d) To authorize, upon application, in specific cases, special use permits, pursuant to Title 45, Chapter 24-42(A) of the Rhode Island General Laws, where the Board is designated as a permit authority for special use permits;
    • (e) To refer all petitions for relief or special use permits to the Planning Board for findings and recommendations, prior to action by the Board on any such petition(s);
    • (f) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which 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, as determined by the Board through testimony received at such hearing, and so noted on the decision record; and
    • (g) 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;
  • (2) No application for a variance or special use permit involving the same parcel and same request, which was denied by or withdrawn from the Board, may be resubmitted for consideration by the Board for a period of one year from the date of such denial or withdrawal, unless the Board determines there is a substantial change of circumstances which justifies a new hearing, determined in accordance with § 350-7E(9) of this chapter; and
  • (3) Any variance or special use permit granted by the Board shall expire six months from the date of approval, unless the applicant shall within that period exercise the right granted by the decision. The Board may, upon application within the six-month period and for good cause, extend the limitation for one additional six-month period. The application for an extension need not be advertised.
  • (4) Be required to vote as follows:
    • (a) Five active members shall be necessary to conduct a hearing. As soon as a conflict of interest occurs for a member, that member shall recuse himself or herself, shall not sit as a participating member, and take no part in the conduct of the hearing. Only five participating members shall be entitled to vote on any issue;
    • (b) The concurring vote of three of the five members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
    • (c) The concurring vote of four of the five members of the Board sitting at a hearing shall be 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.
  • (5) Issue decisions, in a manner as follows:
    • (a) Following a public hearing, the Board 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 member participating thereon, 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 working days from the date when the decision was rendered, and shall be a public record. The Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such 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 Town Clerk 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 Board 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 thereto, shall be mailed to the applicant, to the Zoning Enforcement Officer of the Town, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the Town.
• D. Appeals to the Board. Appeals to the Board may be taken by any party aggrieved or by any officer, department, board or bureau affected by the order or decision of the Inspector concerning the provisions of this chapter or the Historic District Commission, in accordance with the following provisions:
  • (1) The appeal shall be taken within 30 days of the date of the recording of the decision by the Inspector, by filing an application for appeal to the Board with the Inspector's office. A filing fee shall be payable, as established, and may be amended, by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
  • (2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Inspector certifies to the Board, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the Inspector'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 thereto and upon notice to the Inspector from whom the appeal is taken on due cause shown.
  • (3) Such application for appeal shall specify the nature of the grievance and ground(s) therefor. The party from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action or decision appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.
  • (4) The Board shall fix a time for the hearing of the appeal within 45 days after the filing of an application for appeal, give public notice thereof, as well as due notice to the parties of interest, as specified elsewhere in this chapter and in accordance with Title 45, Chapter 24 of the Rhode Island General Laws, and decide the matter within 15 days of such public hearing. Upon the hearing, any party may appear in person or by agent or by attorney.
  • (5) In exercising its powers regarding appeals, the Board 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 such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions as specified elsewhere in this chapter and in Title 45, Chapter 24-61 of the Rhode Island General Laws.
• E. General provisions – variances.
  • (1) An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the Zoning Officer or agency an application describing the request and supported by such data and evidence as may be required by the Board or by the terms of this ordinance. Zoning Officer or agency shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Office for distribution to the Planning Board.
  • (2) The Board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, the Zoning Officer shall refer said application to the Planning Office and may request that the Planning Board provide findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Board within 30 days of receipt of the application from the Board. This report shall be entered into the record of the proceedings. The Board shall hold a public hearing on any application for variance in a manner as specified in § 350-8 in this chapter, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days' prior to the date of the hearing in a newspaper of local circulation in the Town. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
  • (3) The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its 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 notification shall be borne by the applicant.
  • (4) Requests for dimensional and use variances submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the Planning Board, pursuant to RIGL § 45-24-46.4(a) and all subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing in accordance with the requirements of the Subdivision Regulations and RIGL § 45-23-50.1(c).
  • (5) In granting a variance, the Board, or the Planning Board under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
    • (a) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in R.I.G.L. § 45-24-30(16);
    • (b) That the hardship is not the result of any prior action of the applicant;
    • (c) That 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 Board shall, or, where unified development review is enabled, the Planning Board, in addition to the preceding 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, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that 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 Board, or, Planning Board in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.
• F. Special use permits. The Board, upon application, in specific cases, may authorize special use permits, where the Board is acting as the permitting authority for special use permits, provided the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings during the public hearing on such special use permit application and to determine whether the use should be permitted, whether the use meets special safeguards and/or conditions, and, whether in granting a special use permit, what additional conditions and/or limitations may be necessary.
  • (1) Standards.
    • (a) The use is listed in the Table of Use Regulations, as specified elsewhere in this chapter, that may be allowed by special use permit, upon application to and favorable decision by the Board;

      Editor's Note: The Table of Use Regulations is included at the end of this chapter.

    • (b) An application, as required by the Board, has been properly filed with the Inspector and the requisite fee has been paid, as established, and may be amended, by the Town Council, as specified elsewhere in this chapter and in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws;
  • (2) Immediately upon the receipt of an application for a special use permit, the Inspector shall refer and request that the Planning Board shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Board within 30 days of receipt of the application from the Board. This report shall be entered into the record of the proceedings.
  • (3) The Board shall hold a public hearing on any application for a special use permit in a manner as specified elsewhere in this chapter, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of the hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
  • (4) In granting a special use permit, the Board shall affirmatively determine and enter into the record of the public hearing that:
    • (a) The proposed use shall be compatible with surrounding land uses;
    • (b) The proposed use shall conform with the applicable elements of the Glocester Comprehensive Community Plan;
    • (c) The proposed use shall be in harmony with the general purposes and intent of this chapter;
    • (d) The public convenience and welfare will be substantially served; and
    • (e) The proposed use shall not result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community.
  • (5) In granting a special use permit, the Board may apply such special conditions as may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter of the Town. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but not be limited to, provisions for:
    • (a) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
    • (b) Controlling the sequence of development, including when it must be commenced and completed;
    • (c) Controlling the duration of use or development and the time within which any temporary structure must be removed;
    • (d) Assuring satisfactory installation and maintenance of required public improvements;
    • (e) Designating the exact location and nature of development; and
    • (f) Establishing detailed records by submission of drawings, maps, plats, or specifications.
  • (6) In the event that a special use permit is sought with a dimension variance, the Board must make affirmative findings consistent with the granting of a special use permit and dimensional variance and the following:
    • (a) The special use permit could not exist without the dimensional variance;
    • (b) The approval will not adversely affect the surrounding area and will not have an undesirable impact on abutting properties;
    • (c) Off-street parking and loading areas are adequate for the proposal;
    • (d) Outdoor lighting is designed and located in a manner which complements the character of the neighborhood;
    • (e) The use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light or excessive traffic; and
    • (f) The approval will not pose a threat to the groundwater and/or drinking water supply.

An appeal from a decision or action of the Town Council or Zoning Board of Review may be taken by an aggrieved party(ies) in accordance with the following provisions:

• A. From the Zoning Board of Review.
  • (1) An aggrieved party may appeal a decision of the Board to the Superior Court for Providence County by filing a complaint setting forth 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. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as 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 Board shall be made parties to the 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 such other orders as it deems necessary for an equitable disposition of the appeal.
  • (2) If, before the date set for hearing in the Superior Court, an application is made to the Court for leave to present additional evidence before the Board 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 Board, the Court may order that the additional evidence be taken before the Board upon conditions determined by the Court. The Board may modify its findings and decision by reason of the additional evidence and shall file that evidence and any new findings or decisions with the Superior Court.
  • (3) The review shall be conducted by the Superior Court without a jury. The Court shall consider the record of the hearing before the Board and, if it shall appear 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 the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the Court shall be made.
  • (4) The Court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Board 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:
    • (a) In violation of constitutional, statutory, or ordinance provisions;
    • (b) In excess of the authority granted to the Board by statute or ordinance;
    • (c) Made upon unlawful procedure;
    • (d) Affected by other error of law;
    • (e) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    • (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  • (5) Upon the entry of any case or proceeding brought under the provisions of this chapter or in accordance with Title 45, Chapter 24 of the Rhode Island General Laws, including pending appeals and appeals hereinafter taken to the Court, the Court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
• B. From an act to adopt, amend, revise or repeal this chapter.
  • (1) An appeal of an enactment of or an amendment to this chapter may be taken to the Superior Court for Providence County by filing a complaint, as set forth herein, 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 association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, 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 such other orders as it deems necessary for an equitable disposition of the appeal.
  • (2) The complaint shall set forth 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.
  • (3) The review shall be conducted by the Court without a jury. The Court shall first consider whether the enactment or amendment of the chapter 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.
  • (4) In the case of an aggrieved party, where the Court has found that the enactment or amendment of the chapter 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 Town Council, 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.
  • (5) The Superior Court shall retain jurisdiction, in the event that the aggrieved party and the Town do not agree on the amount of compensation, in which case the Superior Court shall hold further hearings to determine and to award compensation. Furthermore, the Superior Court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.
  • (6) The Court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including the Town.
  • (7) In case there is filed in the office of the Town Clerk on or before the day of a public hearing held by the Town Council regarding adoption, amendment, revision or repeal of any section or sections of this chapter or within three days thereafter, a written protest against the petition request pending or voted on by the Town Council, signed by the owners of 20% or more of the street frontage directly opposite the property proposed to be affected or by the owners of property abutting on 20% or more at the boundary line between the property proposed to be affected and the property immediately in the rear thereof when there is no street between said properties, no change shall be passed, except by three-fifths vote of the Town Council.

• A. Judicial aid in enforcement. The Supreme Court and the Superior Court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the Town, instituted by the Town Solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:
  • (1) To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this chapter, enacted under the authority of Title 45, Chapter 24 of the Rhode Island General Laws, and to order its removal or abatement as a nuisance;
  • (2) To compel compliance with the provisions of this chapter enacted under the authority of said Title 45, Chapter 24;
  • (3) To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this chapter enacted under the provisions of said Title 45, Chapter 24, and to authorize the Inspector of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;
  • (4) To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town;
  • (5) To order restoration by the owner, where practicable; and/or
  • (6) To issue fines and other penalties.
• B. Vested rights.
  • (1) Any application(s) for development(s) that are substantially complete and have been submitted for approval to the appropriate review agency in the Town prior to enactment of this chapter shall be considered by the Town under the protection of this section and shall be reviewed according to the regulations applicable in the chapter in force at the time the application was submitted. If an application for development under the provisions of this section is approved, failure to initiate and/or complete the improvement of the property(ies) prior to the time limits that may be established at the time of approval, shall render the aforementioned approval null and void. Any subsequent proposal for development of the property, whether or not the proposal is substantially similar to any previously approved plan, shall require a resubmission of development plans by the applicant, subject to the current regulations in effect at the time of such resubmission.
  • (2) For the purposes of this section, “substantially complete” shall mean that any application shall have been deemed such by the local official designated to receive such applications, as specified elsewhere in this chapter, and that all required forms, plans, signatures, fees, supporting documentation and other required information has been received and certified by the proper local official to be in proper order. Failure to submit the required information in the proper form, as determined by the designated local official, shall render the submission null and void to any rights afforded through this section.

Editor's Note: Refer to § 350-6 for a complete explanation of each zoning district.

[Amended 11-15-2007, effective 12-20-2007]

The Table of Use Regulations is included at the end of this chapter. The provisions of this Table notwithstanding, the uses permitted in a conservation development in any zoning district where permitted shall be governed by the provisions of Article XII of this chapter.

[Amended 12-15-2011, effective 12-15-2011]

Prohibited uses are as follows:

[Amended 3-15-2007, effective 3-15-2007]

The Table of Dimensional Regulations is included at the end of this chapter. The provisions of this Table notwithstanding, for the purposes of calculating minimum lot and yard dimensions, area, density, maximum percent coverage and the maximum number of lots or dwelling units permitted in a conservation development in any zoning district where permitted the provisions of Article XII of this chapter shall apply.

It has become readily apparent that residential development dominates the economic base and land use pattern of the Town of Glocester. It has become equally apparent that the scattered residential pattern resulting from houses placed far apart not only has accentuated the great burden and expense of providing adequate community facilities and services, but has destroyed the concept of an integrated community.

• A. The purposes of this article are to:
  • (1) Encourage and provide a means for effectuating desirable residential, industrial and commercial development, and conservation in the Town of Glocester, which will feature variations in siting mixed land uses and/or varied dwelling types;
  • (2) Preserve open space for community facilities and aesthetic considerations; and
  • (3) Provide more efficient and economical services and facilities to the residents of the area.
• B. The amenities and compatibility of planned districts, hereinafter "P-Districts," are to be insured through adoption and periodic updating of a Comprehensive Community Plan reflecting the physical development goals of the community.

The objectives of planned districts are to:

• A. Provide a more desirable living environment than would be possible through the strict application of chapter requirements.
• B. Encourage developers to use more creative approaches in the development of land.
• C. Encourage a more efficient, aesthetic and desirable use of open areas.
• D. Encourage variety in the physical development pattern of the Town.
• E. Maximize individual freedom of choice regarding the personal living environment.

The following provisions shall apply in a P-District, which district shall also be subject to other provisions of this chapter, except that where conflict in regulations occurs, the regulations specified in this article shall apply.

• A. P-Districts may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with the purpose of this article and the objectives of this chapter. No P-District shall include less than 25 acres of contiguous land unless the Planning Board and the Town Council find that property of less acreage is suitable as a P-District by virtue of its unique historical character, topography, or land features.
• B. No P-District shall be established or plans reviewed by the Planning Board unless and until there is on file with the Town written consent of every property owner within such district at the time of the establishment of the district agreeing that the applicant shall be bound by the conditions and regulations proposed and which will be effective within the district.
• C. Standards for area, coverage, density, yard requirements, parking and screening for P-District uses shall be governed by the standards of the residential, commercial and industrial zoning district most similar in nature and function to the proposed P-District use(s), as determined by the Planning Board. Standards for public improvements shall be governed by applicable ordinances of the Town. Exceptions to these standards by the Planning Board and Town Council are possible when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of total proposed development or unit thereof.
• D. The gross population density and building intensity of any area proposed for development under the planned unit approach may be increased and therefore do not have to conform to the basic overall density and building intensity requirements of the zoning district. In addition, lot dimensions, building setbacks and area do not have to meet the specific ordinance requirements, provided that a more functional and desirable use of the property is made.
• E. Lot size and layout.
  • (1) Residential lot sizes related to single-family detached units may be reduced as follows (provided that public water and sewers are available):
    • (a) A-4: 60,000 square feet (with public water and sewers).
    • (b) A-3: 40,000 square feet (with public water and sewers).
    • (c) R-2: 20,000 square feet (with public water and sewers).
  • (2) Drawings must be submitted that show that the relationship of interior and exterior living or working area is desirable and adequate and that the living and working environment is just as desirable as the strict requirements of this chapter. Building intensities may be increased if, in the opinion of the Planning Board and the Town Council, the character and configuration of the land will accommodate the increased density and that such development will not violate the intent or character of the proposed P-District.
• F. For each six square feet of land gained within a residential subdivision, through the reduction of lot size below minimum chapter requirements, or other means, one square foot of land shall be dedicated to the Town, either by rights in fee or through a conservation easement, and retained as open space for park, recreational and related uses. All lands dedicated in fee or easement must meet the Town's requirements.
• G. All water supply sources and sewage treatment systems must be consistent with Rhode Island Department of Environmental Management regulations. All such regulations are hereby considered as part of this chapter together with any new regulations that the Rhode Island Department of Environmental Management may add from time to time.
• H. Ownership and maintenance of water and sewer facilities must be arranged to the satisfaction of the Town of Glocester prior to final approval of a P-District.
• I. Townhouses.
  • (1) In areas where townhouses are uses, there shall be no more than five townhouse units in any contiguous group. A townhouse is defined as a single-family dwelling with no side yards between adjacent townhouses.
  • (2) A variety of building setbacks, color and building materials for contiguous townhouse units is encouraged. An average rear yard depth shall be a minimum of 25 feet where the lot does not abut a park or open space easement. A minimum side yard between the two end units, or contiguous townhouse groups, shall be a minimum of 80 feet plus five feet for each additional story over one story for the end units.
• J. All areas proposed for dedication to the Town under the planned districts approach must be acceptable as to shape, size and location, as required by the Glocester Planning Board.
• K. In all areas proposed as homeowner parks or similar approaches, if using the advantages of the planned districts approach, the developer must convey to the Town the development rights (i.e., conservation, recreational and open space easement) and must meet the requirements of the Planning Board as to shape, size and location.
• L. Rights-of-way for riding, hiking or other types of trails and scenic ways may be dedicated in fee to the Town through a space exchange by reduction in lot sizes on a six-to-one basis, provided that the requirements as to area and location meet the requirements of the Planning Board. Rights-of-way for watercourses and other similar channels are not acceptable for space exchange under planned unit development. However, the portion of the right-of-way that is usable as a trail or similar way may be acceptable but must be approved by the Glocester Planning Board.
• M. A possible clustering of dwellings may be accomplished through reduction of lot area and the provision of usable and desirable open space easements dedicated to the Town; size and location of such easements to be subject to approval by the Planning Board.
• N. Public utility and other similar easements cannot be used for a space exchange under the planned district approach.
• O. Any subdivision which includes the proposal to dedicate to the Town land for park and open space use, under the planned district approach, must include, by dedication or by other reasonable means, the total park area, at the time of filing of the final map on all, or any portion, of the tract or tracts.
• P. The Town will do the basic working drawings and landscape architectural design for all areas dedicated to the Town for public purpose and provide the basic landscape requirements if the developer will do the grading and reasonable contouring work to an approved plan; the necessary grading plan of the park to be provided by the Town upon a minimum of 30 days' notice by the developer at the tentative map stage.
• Q. Planned district development is not limited to the creation of park area. Application could be made to permit variety in the location of dwelling units within the subdivision.
• R. A diversification of lot sizes may be permitted within a zoning district without the dedication or creation of park areas, provided the overall density of the zoning district is not increased.
• S. Note: The developer is encouraged to obtain a trained and experienced land planner, registered architect, and/or landscape architect to prepare plans for all planned district developments, to enable the most expedient processing of such developers. The use, by developers, of qualified professionals to do plans for planned district developments enables the Planning Board to reduce the time it must spend on said development.

• A. Preliminary development plan review and approval.
  • (1) The applicant shall submit a preliminary development plan to the Planning Board for review and approval in principle under the applicable provisions of Chapter 300, Subdivision of Land, and the Planning Board shall so approve prior to the submission of a P-District rezoning application (application for amendment of this chapter). The tentative written consent of all property owners within the proposed P-District shall be on file with the Town before Planning Board review of a preliminary development plan shall be commenced.
  • (2) Approval in principle of the preliminary development plan shall be limited to conformance to subdivision regulations and to the general acceptability of the land uses proposed and their interrelationship, and shall not be construed to endorse the precise location of uses, configuration of parcels, or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by a qualified land planning specialist (planner architect, landscape architect or engineer) and shall include the following information presented in a general, schematic fashion:
    • (a) Proposed land uses, population densities and building intensities;
    • (b) Proposed circulation pattern, indicating all public streets;
    • (c) Proposed parks, playgrounds, school sites, and open spaces;
    • (d) A land use marketability study (LUM) of proposed commercial uses, if the property is not zoned for commercial purposes at the time of submittal of the preliminary development of the plan;
    • (e) Delineation of the units to be constructed in progression, if any;
    • (f) Relation to future land uses in surrounding area and comprehensive plan; and
    • (g) Any additional information that the Glocester Planning Board may require.
• B. General development plan and schedule approval. In addition to submission of the application for amendment of this chapter, to the Town Council, the applicant shall submit the following documents and supporting evidence to the Planning Board. (Such documents shall be prepared and endorsed by a qualified professional team, which shall include a licensed architect, licensed land surveyor, registered civil engineer, and a qualified landscape architect.)
  • (1) A sepia map with 10 prints of a survey of the property showing existing features of the property, including specimen trees, structures, streets, easements, utility lines, and land use. In addition, the following shall be shown:
    • (a) Proposed name of development.
    • (b) Location by legal description.
    • (c) Scale of plan: one inch equals 50 feet.
    • (d) Date, North arrow and contours at two-foot intervals.
    • (e) Boundary line of proposed development indicated, and total acreage encompassed thereby.
  • (2) A sepia map with 10 prints of a general development plan, which shall be in conformance with the approved preliminary showing, as appropriate, all the information required on the preliminary development plan; the approximate location and proposed density of dwelling units; nonresidential building intensity; and land use considered suitable for adjacent properties.
  • (3) A schedule for the development of units to be constructed in progression and description of the design principles for buildings and streetscapes; tabulations of total number of acres in the proposed project and the percent thereof designated for various uses; the number of dwelling units proposed by type of dwelling for each unit of a P-District; estimated number of nonresidential population; proposed retail sales area and economic justification; anticipated timing for each unit; and standards for height, open space, building intensity, population density, and public improvements proposed for each unit of development whenever the applicant proposed an exception from standard zoning district or other ordinance regulations governing development.
  • (4) Evidence that the applicant has sufficient control over the land to effectuate the proposed plan.
  • (5) Engineering feasibility studies as necessary.
  • (6) Any additional information that the Glocester Planning Board may require.
• C. Planned district development approval. Planned district development approval, under applicable provisions of Chapter 300, Subdivision of Land, by the Planning Board, valid for one year, shall be secured for each unit of a P-District as delineated on the general development plan. Planned district development plans shall be prepared by a qualified professional team, which shall include a licensed architect, registered civil engineer and a qualified landscape architect; and shall be concerned with, but not necessarily limited to, the following:
  • (1) Site plan showing buildings, various functional use areas, circulation, and their relationships;
  • (2) Preliminary building plans, including floor plans and exterior elevations;
  • (3) Landscaping plans;
  • (4) Engineering plans, including site grading, street improvements, drainage, and public utility extensions, as necessary;
  • (5) Proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures, and distances to property lines. Minor changes to an approved planned unit development pertaining to siting may be approved by the Planning Board, provided the change is in accord with the intent expressed in the general development plan.
  • (6) Any additional information that the Glocester Planning Board may require.

The Planning Board, after public hearing, may recommend the establishment of a P-District, and the Town Council, after public hearing, may by ordinance establish a P-District, provided that the facts submitted with the application and presented at the hearings establish that:

• A. The proposed P-District, or given unit thereof, can be substantially completed within four years of the establishment of the P-District.
• B. Each individual unit of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
• C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-District;
• D. Any proposed commercial development can be justified economically at the location proposed to provide for adequate commercial facilities of the types proposed;
• E. Any exception from standard chapter requirements is warranted by the design and amenities incorporated in the general development plan;
• F. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
• G. The P-District is in conformance with the general plan of the Town of Glocester; and
• H. Existing or proposed utility services are adequate for the population densities proposed.

• A. If from the facts presented the Planning Board or the Town Council is unable to make the necessary findings, the application shall be denied. In no instance shall a Planning Board decision be binding on any action by the Town Council relative to granting a zone change for a P-District.
• B. In taking action, the Planning Board may deny the general development plan and general development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments.
• C. Major changes in a general development plan shall be considered the same as a change in the Zoning Map and shall be made in accordance with the provisions of this chapter.
• D. At the time of adopting any ordinance establishing a P-District, the Town Council shall make appropriate arrangements with the applicant, which will insure the accomplishment at the scheduled times of the public improvements and grants of easement shown on the approved general development plan.
• E. If no development has occurred to effectuate a P-District development within two years after the district is created, the Planning Board shall review the action and determine whether or not the continuation of a given P-District is in the public interest.

Underground utilities, including telephone and electrical systems, are required within the limits of all P-Districts. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Board finds that such exception will not violate the intent or character of the proposed P-District.

Pursuant to this article and R.I.G.L. §§ 45-24-1 and 45-24-4, the Town Council of the Town of Glocester hereby establishes P-Districts as follows:

• A. The Town of Glocester's Zoning Ordinance and Zoning Map are hereby amended and a P-District established with respect to certain property shown on Assessor's Plat Map No. 18, Lot 10, and shown on that certain final approved general development plan of Glocester Pines, Inc., which has been filed with the Town of Glocester, said parcel comprising approximately 87.2 acres.
  • (1) Standards for area, placement and location of structures and land features, coverage, density, use, development, improvements, and all other manner of land uses shall be governed by and limited to those standards which have been set forth and detailed on the final approved general development plan filed by the owner of the P-District with the Town of Glocester.
  • (2) In addition to these deviations from standard zoning and subdivision requirements which are depicted on the final approved general development plan, the Town of Glocester hereby grants to the applicant the following additional exceptions to the P-District standards. All other zoning, subdivision and Town ordinance requirements shall be applicable to the P-District.
    • (a) The requirement set forth in § 350-21 of Chapter 350 pertaining to underground utilities need not be complied with;
    • (b) Any requirements for public water and sewer service need not be complied with;
    • (c) Any requirement for paved roads need not be complied with;

    Editor's Note: See Ch. 300, Subdivision of Land.

  • (3) Development, use, location and placement of structures and improvements, and all aspects of dimensional and area regulation within this P-District, shall be subject to and governed by the enforcement provisions of Chapter 350. Any deviation from the final approved general development plan shall be subject to all the penalties provided for in Chapter 350 and the Zoning Enabling Legislation. Any exception or variance to the plans as presently constituted will require prior Town Council approval by means of an appropriate amendment to this article.
  • (4) The applicant will take appropriate measures and use best efforts to reduce the flow of silt, if and when there is any flow of silt.
  • (5) The Town Council will retain custody of the final approved general development plan until such time as the Town's Highway Commissioner certifies to the Town Council that the roads within the P-District have been properly constructed, such that sale of parcels within the P-District should be allowed to proceed. At this time, if the Town Council is satisfied that lots within the P-District are ready for sale, it shall so certify on the final approved general development plan and release said plan to the owner for recording with the Town. Until said plan is recorded in the manner specified above, no lots shall be sold by the owner, except for Lot #1. During the pre-recordation period when the Town Council has custody of said plan, it shall be filed at the Town Hall and open to inspection by the public.
  • (6) This article supersedes and takes precedence over all other Town ordinances which conflict herewith. To the extent other Town ordinances do not conflict with the terms of this article, they are fully applicable.
  • (7) This section shall take effect upon its passage.
  • (8) No licenses, permits, or approvals shall issue with respect to this P-District unless the activity in question is in conformance with the final approved general development plan. Any such license, permit, or approval which does issue with respect to activity which is not in conformance with said plan shall be null and void and shall not prevent or in any way prejudice the Town from enforcing this article under the zoning laws.
  • (9) The procedure for amending this plan in any respect shall be the same as that provided for in Title 45, Chapter 24 of the Rhode Island General Laws and § 350-8.

  Editor's Note: The Glocester Pines, Inc., general development plan, adopted 9-10-1981, has been amended as follows: 5-21-1987; 1-20-1994; 3-19-1998; 10-15-1998; 8-5-2010, effective 9-8-2010.

The following words and phrases, when used in this article, shall have the meaning given in this section:

NEIGHBORHOOD OR COMMUNITY SHOPPING CENTER — A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property; or any group of commercial establishments sharing common walls; or a series of two or more separately owned establishments which share a common parking lot with spaces for at least 10 cars.

SIGN — Any permanent or temporary device or structure which is freestanding, attached to a building or structure, or erected, painted, represented or reproduced inside or outside any building or structure or any natural object, including the ground itself; which displays, reproduces or includes any letter, work, name, number, model, symbol, insignia, design, device, representation or trademark or a flag; which is used to identify the premises or occupant or owner of the premises; to advertise or call attention to any trade, business, profession, industry, service, or their activity; to advertise any product or item; to advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, insignia, or any representation used to advertise or promote the interests of any person. The word “sign” shall not be construed to mean any sign in the interior of any structure unless it is specifically set forth in this article or displayed within the view of persons passing on a street, or within view of persons in a parking lot.

SIGN, AREA THEREOF — The area of the smallest triangle, rectangle, or circle which can wholly enclose the surface area of the sign. All visible faces of a multiface sign shall be counted separately and then totaled in calculating sign area, with the exception that on dual-faced signs where two faces are parallel, only one side shall be counted. Three-dimensional signs shall be treated as dual-faced signs, such that the total area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. Frames and structural members which do not meet the definition of “sign” above shall not be included in the computation of sign area.

SIGN, BUSINESS — A sign which identifies or advertises a permitted business, including permitted home occupations, located on the premises where such sign is located.

SIGN, ELECTRIC — A sign which provides artificial light directly or through any transparent or translucent material.

SIGN, FREESTANDING — A sign not supported by a wall or screening surface.

SIGN, ILLUMINATED — A sign illuminated by artificial light focused upon or directed chiefly at the surface of the sign.

SIGN, NONCONFORMING USE — A sign which identifies or advertises a use on the premises which use is not allowed under this chapter.

SIGN PLAZA — An area established and maintained by the Town of Glocester, or other approved organization as specified in this article, where approved informational and directional signs are grouped.

SIGN, PROJECTING — A sign which is attached to a wall or a screening surface, and which extends more than 12 inches therefrom.

SIGN, RESIDENTIAL — A sign, other than the name and address of the resident, which identifies the residential premises on which it is located.

SIGN, WALL-MOUNTED — A sign which is attached directly to or painted upon a wall or screening surface, and which does not extend more than 12 inches therefrom. Signs located inside a building and intended to be visible from off the property or from a parking lot shall be considered wall-mounted signs.

ZONES — Zones established by this chapter.

Editor's Note: See § 350-6.

Unless otherwise specified elsewhere in this article, all signs shall pertain to the principal use, service rendered, or product sold on the premises on which the sign is located, and shall not include advertisement, identification, publicity or notice of goods, services, establishments, enterprises, activities, persons, organizations and facilities which are not located on the premises, or which are incidental to the primary use of the premises.

Except as specified in this article, it shall be unlawful to erect, replace or relocate any sign within the Town of Glocester without first obtaining a sign permit issued only for such signs as are specifically allowed for the particular premises and zones by the provisions of this article.

The following signs are permitted without permits issued by the Zoning Inspector of the Town of Glocester, and shall not be counted when calculating the quantity of signs permitted and the total allowable sign area; however, such signs shall conform with all other applicable regulations:

• A. Name and address of resident, not to include any commercial advertising. Such signs shall not exceed two square feet in sign area and shall be nonilluminated and nonelectric.
• B. ”No trespassing” sign, or other such signs regulating the use of the property on which it is located, provided such signs do not exceed two square feet in area in any zone except in commercial and industrial zones where such signs may not exceed five square feet in area. Such signs shall be nonilluminated and nonelectric.
• C. Temporary signs which advertise the sale, rental, lease or improvement of the property on which they are located, provided such signs do not exceed six square feet in any residential and agricultural zone, 20 square feet in commercial zones, and 30 square feet in industrial zones. Signs advertising pending improvements shall not be in place more than 60 days prior to commencement of such improvements. Temporary signs shall be removed within 10 days after completion of the activity advertised. Such signs shall be nonilluminated and nonelectric.
• D. Bulletin board for public charitable or religious institutions when located on the property thereof, provided the area of such sign does not exceed 25 square feet and bears no commercial advertising. Such signs may be illuminated but must be nonelectric.
• E. Signs identifying on-premises traffic, parking, or other functional activity, such as lavatory facilities, telephone, signs denoting other sections of a building, signs denoting entrances, offices, etc., bearing no commercial advertising. There shall be no more than one sign for each activity, and each sign shall not exceed two square feet in area if wall-mounted and four square feet if freestanding. Such signs may be illuminated or electric.
• F. Signs erected by the Town of Glocester and traffic control devices erected by the State of Rhode Island or by the United States of America, provided such signs bear no commercial advertising.
• G. Memorial signs or tablets and signs denoting the date of erection or name of a building when cut into any masonry surface or when constructed of bronze or other noncombustible material. Such signs shall be nonilluminated and nonelectric. Signs denoting the date of erection or name of a building shall be wall-mounted and shall not exceed six square feet in area.
• H. The flag, pennant or insignia of any government, or of any religious, charitable or fraternal organization.
• I. Temporary signs no larger than 12 square feet which advertise auctions and special events or charities or public service groups, provided such signs shall not be in place for more than 10 days. Such signs shall be nonilluminated and nonelectric.
• J. Signs identifying churches and places of worship, when located on the property thereof, and which shall be no larger than 12 square feet. Such signs may be illuminated but shall not be electric.
• K. Signs identifying nonprofit educational institutions, when located on the property thereof, and which shall be no larger than 12 square feet. Such signs may be illuminated but shall not be electric.
• L. Incidental business signs indicating the hours of operation, credit card, business affiliations, and the like, provided the total area of all such signs for a single business does not exceed two square feet per entrance.
• M. Election signs shall be permitted on the premises of the headquarters and party committee members, on motor vehicles, and on existing billboards. Election signs shall be removed within 10 days after the election, with the candidate for office having responsibility for removal of signs advertising his candidacy. Election signs may be illuminated, but shall be nonelectric.
• N. Temporary signs which advertise special sales of products and special events attached to a store window or windows, the total area of such sign or signs not to exceed 30% of the window space.

The following signs shall not be permitted, erected or maintained in any zone:

• A. Signs which incorporate in any manner any flashing or moving illumination or with illumination which varies in color. Digital data displays transmitting the time of day and the temperature are exempted.
• B. Signs which have any visible moving parts, including signs which achieve movement by action of wind currents. Hanging signs which swing in the wind and barber poles are exempted, provided they comply with all other provisions of this article.
• C. Any sign or sign structure which constitutes a hazard to public safety or health, including signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from a fire escape, door, window, or other required exitway; or which make use of words such as “stop,” “look,” “one way,” “danger,” “yield,” or any similar words, phrases, symbols, lights, or characters, in such a manner as to interfere with, mislead, or confuse traffic.
• D. Any obsolete sign, which no longer advertises a bona fide business conducted, or product sold on the premises. Such signs shall be removed within 30 days of the date on which they became obsolete.
• E. Signs on publicly owned property or publicly owned rights-of-way, other than signs erected by the Town of Glocester, the State of Rhode Island or the United States of America. No sign located on public property or on a public right-of-way shall bear any commercial advertising or the name of any commercial business unless otherwise specified in this article.
• F. Signs painted on, attached to, or supported by a tree, stone, cliff, or other natural object, except for temporary "For Sale" signs where no other means of suspension is possible in agricultural and residential zones.
• G. String lights and strip lighting, other than those associated with religious and charitable organizations for a period not to exceed 10 days, other than holiday decorations, to be removed within 14 days after such holiday.
• H. Searchlights, pennants, spinners, banners and streamers, other than those associated with events of religious and charitable organizations for a period not to exceed 10 days.
• I. Projecting signs over 16 square feet in area, and extending more than five feet from the wall to which they are attached.
• J. Roof signs erected on or extended above the building roof or roof eaves.
• K. Off-site directional signs are not permitted unless otherwise specified in this article.

• A. The Town Council of the Town of Glocester may, upon recommendation by the Planning Board, establish sign plazas as defined in this article and may establish fees for the erection of signs in such plazas. With approval of the Planning Board and Town Council, such plazas may be owned and operated by private civic organizations such as the Chamber of Commerce, Lions Club, etc.
• B. The Planning Board may establish regulations regarding the content, size, shape, color, material, texture and the like of signs to be erected in the plaza, and shall have the right to approve or disapprove the layout and design of the plaza itself.

The following signs, customary and necessary to the operation of filling and service stations:

• A. Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing," or words of similar import, provided that there shall be not more than one such sign over each entrance, and that the letters not exceed 10 inches in height;
• B. Lettering or other insignia, which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law;
• C. A credit card sign not exceeding two square feet in area, affixed to the building or permanent sign structure of the sign next referred to;
• D. One sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, said sign not to exceed 30 square feet in area, which shall be rigidly and securely attached to the ground surface so as to create no danger to life or limb and shall not exceed 18 feet in height overall;
• E. A sign attached to each gas pump, with the price of the product, as required by law.

Every sign and all parts thereof, including framework, support, background, anchors, and wiring systems, shall be constructed and maintained in compliance with the applicable building, electrical and fire prevention codes of the Town of Glocester. All signs and all parts thereof shall be kept in a good state of repair and maintenance.

All signs in residential and agricultural zones shall conform to the following regulations:

• A. Signs in residential and agricultural zones may be wall-mounted or freestanding. The top of the sign shall not exceed six feet above ground level.
• B. There shall be no more than one residential sign, other than a sign identifying the name and address of the occupant, as specified in § 350-26A, for each residential lot. Such signs shall not exceed four square feet in area.
• C. Illuminated and/or electrical signs shall not be permitted in residential and agricultural districts, except as specified in this article.
• D. Permanent signs at major entrances to residential development designed to identify such developments shall be permitted, provided such signs are of a construction approved by the Building Inspector. Such signs shall bear no commercial advertising and shall not exceed 15 square feet in area. Such signs may be illuminated, but shall be nonelectric.
• E. No sign shall be placed within a distance of three feet from any street line and 10 feet from any property line.

• A. Commercial and industrial signs may be wall-mounted, or may be freestanding, provided all buildings on the lot have a setback of at least 20 feet.
• B. In Neighborhood Commercial and Highway Commercial Zones, there may be one wall-mounted sign on each customer's entrance wall and one on each wall facing a street. The area of each sign shall not exceed two square feet for each lineal foot of the building frontage on which the sign is located, and shall not exceed 80% of the width of the storefront or wall of that portion of the premises occupied by the business erecting the sign and upon which it is attached. The maximum height of each sign shall not exceed three feet plus one inch for every 10 feet that the building is set back from the property line, provided that in no case shall the height exceed six feet. In addition there may be one freestanding sign for each building or, in the case of a shopping center, one freestanding sign for the center. Such signs shall be no more than 15 feet in height with a clearance of seven feet (See § 350-27C), and shall not exceed over the property line. Such signs may be dual-faced, with a maximum area of 24 square feet per side or, in the case of a shopping center, a maximum area of 48 square feet per side. Signs permitted in these zones may be illuminated or electric.
• C. Signs in Industrial Zones.
  • (1) In Industrial Zones, there may be one wall-mounted sign on each customer's entrance wall and one on each wall facing a street. The area of each sign shall not exceed three square feet for each lineal foot of the building frontage on which the sign is located, and shall not exceed 80% of the width of the building front or wall of that portion of the premises occupied by the business erecting the sign and upon which it is attached. The maximum height of each sign shall not exceed three feet plus one inch for every 10 feet that the building is set back from the property line, provided that in no case shall the height exceed six feet.
  • (2) In addition, there may be one freestanding sign for each building. Such signs shall be no more than four feet in height from the ground to top of sign, and may be dual-faced with a maximum area of 24 square feet per side. Also, there may be one freestanding sign for each industrial park indicating the name of the park and a directory of businesses within said park. Such signs shall be no more than 15 feet in height from the ground to the top of sign, with a clearance of seven feet, and shall not extend over the property line. Such signs may be dual-faced, with a maximum area of 64 square feet per side. Signs in these zones may be illuminated or electric.

All signs in the Historic District shall conform to the following regulations:

• A. In the Historic District, signs may be illuminated by a stationary white or off-white steady light only. These lights shall not direct light or shine off the premises and not spill onto any abutting property or public right-of-way. The light should be directed primarily onto the sign and maintained at a sufficiently low intensity and brightness to avoid glare. Internal illumination or back lighting of signs is prohibited in the Historic District.
• B. All signs within the Historic District are to be made of wood or wood composite, natural stone materials, or high-density polyurethane foam board manufactured specifically for the purpose of sign production, be architecturally integrated with their surroundings and the building, and be complementary to the overall design of the building.

  [Amended 9-16-2010, effective 10-27-2010]

• C. All proposed signs in the Historic District shall require approval from the Glocester Historic District Commission in addition to a building permit. All requests shall be submitted for review as part of an overall sign proposal for the business and/or property.
• D. Nonconforming signs/amortization. Signs which were legally installed prior to the adoption of this section and do not conform to the requirements of this section, as adopted on the date of passage, are considered nonconforming and shall comply with the following requirements:
  • (1) Amortization period for nonconforming signs. Signs may remain in nonconforming state until June 30, 2015. Thereafter, signs shall be brought into conformance with this section by obtaining a permit and approval by the Glocester Historic District Commission or be removed; provided, however, that the amortization period established by this subsection may be used only so long as the signs retains their legal nonconforming status.

    [Amended 8-6-2009, effective 8-6-2009]

  • (2) Nonconforming signs shall not be replaced if the sign is damaged due to a storm or other natural causes to the extent that its repairs will exceed more than 50% of the cost of replacement. If a lawful nonconforming sign is damaged, allowed to deteriorate to the point that repairs exceed 50% of its replacement cost, and/or its use is discontinued or abandoned for six months, the sign shall not be repaired, but must be removed and/or replaced in conformance with this section.

    [Amended 8-6-2009, effective 8-6-2009]

  • (3) Subject to the provisions contained above, nonconforming signs that exist after the passage of this section may be continued as long as they are in good repair and do not create a hazardous condition.

    [Amended 8-6-2009, effective 8-6-2009]

  • (4) Nonconforming signs that advertise any activity, business, product or service no longer produced or conducted on the premises where the sign is located shall be removed within six months of the inactivity/business vacating the property. Removal shall consist of total removal of sign faces, frames, supports, structures, poles and other associated items or parts.

Provision for adequate off-street parking and loading facilities is essential to the commercial prosperity, enhancement of residential land value and as an efficient means of alleviating traffic congestion within a community. It is for this purpose that any structure or use, erected or constructed after the passage of this chapter, is required to provide off-street parking and loading facilities in accordance with the following regulations.

Requirements. For the purposes of this chapter, in all instances the minimum size of a parking space shall be 270 square feet and may include access, egress and circulation.

Each parking space shall have a minimum width of nine feet and a minimum length of 20 feet and shall be served by suitable aisles to permit access and automobile maneuverability into all parking spaces. Total parking area must provide a minimum of 270 square feet per parking space, including access, egress and circulation.

All off-street parking facilities required under this chapter shall be constructed on or adjacent to the site of the main use or on a lot directly across an adjoining street from the main use.

Joint use of off-street parking space shall be permitted if the total of such spaces is not less than the sum of the requirements for the various individual uses separately computed in accordance with the provisions of this chapter.

Off-street parking lots of more than five motor vehicles' capacity shall conform to the following standards:

• A. The area shall be paved, drained and lighted and shall be provided with bumper guards.
• B. Where such area adjoins or lies within a residential zone, a compact evergreen screen of not less than 5 1/2 feet in height shall be erected and maintained between such area and the adjoining residential zone.
• C. Off-street parking areas located in commercial zones shall provide a planting strip at least six feet wide between the parking area and the street.
• D. Lighting fixtures used to illuminate the parking area shall be so arranged as to reflect away from the adjoining residential areas and away from adjacent traffic arteries.

Parking or storage of commercial vehicles of over 1.5 tons of capacity and of commercial or house trailers shall not be permitted in the residential zone.

All commercial and industrial structures, erected after the adoption of this chapter, shall provide adequate off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the Zoning Inspector at the time of application for the zoning certificate for the main use. Where a loading facility is adjacent to a residential zone, the restrictions contained in §§ 350-36, 350-37 and 350-38 of this article shall apply. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a street right-of-way.

In the agricultural, residential, commercial and industrial districts the space in a required front, side or rear yard shall be open and unobstructed by buildings or structures with the following exceptions:

• A. Projections of cornices and other ornamental features may extend not more than three feet into a yard.
• B. Landscape features such as trees, fences, poles, shrubs and terraces may be placed in any yard area, subject to provisions of § 350-45.
• C. A structure accessory to a permitted use may cover up to 25% of a side or rear yard area but may be placed no closer than 10 feet to a lot line.
• D. Unenclosed porches or platforms may extend or project into the rear or side yard not more than 15 feet.
• E. In commercial and industrial districts an outdoor telephone booth may be located in a front yard area, provided it is within 100 feet of an off-street parking facility.

No more than one structure used for residential purposes shall be built upon any single lot in any A or R District.

[Amended 12-20-2012, effective 1-23-2013]

On any corner lot and at street intersections in all districts, no wall, fence, structure or building shall be erected, and no hedge, tree, shrub or other vegetation shall be maintained, between the heights of 2 1/2 and 10 feet above street level within the triangle formed by the two street lines and a third line joining points on the street lines 30 feet from the intersection of street lines.

Church spires, towers or belfries, steeples, flagpoles, chimneys, radio or television antennas, barns, silos or other similar structures which are in no way used for living or advertising purposes may be erected above the maximum height of buildings permitted in each district.

[Amended 12-15-2016, effective 12-15-2016; 11-1-2018, effective 11-1-2018]

• A. Purpose. The purpose of this section is to regulate the creation of new solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the neighborhoods in which they are located and are consistent with the Comprehensive Plan of the Town of Glocester.
• B. Applicability. The provisions of this section shall apply to construction, operation, expansion and/or repair of any solar energy system in the Town of Glocester.
• C. Definitions. As used in this section, the following terms shall have the meanings indicated:

  CONTAMINATED SITE PENDING REMEDIATION — A site at which a hazardous material contamination that would result in restricted use of the property has been identified and verified by the Rhode Island Department of Environmental Management (RIDEM) through issuance of a "program letter," but which has not yet been remediated to the satisfaction of RIDEM.

  CONTAMINATED SITE SOLAR ENERGY SYSTEM — A solar energy system located on a contaminated site pending remediation or a remediated contamination site.

  GROUND-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system that is structurally appended to the ground and is not supported to a structure or building.

  LARGE-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of 40,000 square feet up to 200,000 square feet.

  MEDIUM-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of more than 1,750 square feet but less than 40,000 square feet.

  REMEDIATED CONTAMINATION SITE — A site on which a hazardous material contamination was identified, remediation activities were performed, and use of the property was restricted, and for which the RIDEM has issued a "letter of compliance" or an "interim letter of compliance."

  ROOF-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system that is structurally appended to the roof of a building or structure.

  SMALL-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of 1,750 square feet or less. This can also include a solar tracker system provided it meets the same square footage requirements.

  SOLAR CANOPY — A solar energy system that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.

  SOLAR ENERGY SYSTEM — The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional carbon-based source of energy such as petroleum or natural gas. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems.

  SOLAR LAND COVERAGE — The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other area within the required perimeter security fencing.

  SOLAR TRACKER SYSTEM — Solar panels that are mounted to a racking system and utilize a small motor allowing the panels to move and follow the sun.

  UTILITY-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of more than 200,000 square feet. Solar energy systems with a solar land coverage greater than 20 acres are prohibited.

• D. All solar energy systems are strongly encouraged to be located on rooftops. Rooftop solar energy systems of any size are permitted by right in all zones and shall not exceed the maximum height for the applicable zoning district. This does not apply to solar canopies. Solar energy systems are also encouraged on existing contaminated sites, gravel banks, quarries, parking lots and in existing industrial zones. To encourage solar development in the aforementioned locations, the solar land coverage requirement in Subsection J(3) may be increased to 50% of the land suitable for development if it can be demonstrated to the Planning Board that the remaining performance standards can be met and the modification of the solar land coverage requirement would not negatively impact adjacent property owners and is consistent with the Glocester Community Comprehensive Plan. In addition all solar energy systems shall:
  • (1) Meet all requirements of the State Building and Fire Codes, obtain a building permit, and be inspected by a Town building inspector.
  • (2) Comply with the State and National Electric Code, current edition.
  • (3) Include a UL listing or equivalent.
  • (4) Be set back at least three feet from the roof edge on all sides, when roof mounted.
  • (5) Be prohibited on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allow the installation of a solar energy system, or shall receive approval for the disturbance of such lands by the holder(s) of the easement or restriction.
  • (6) Be designed and located to prevent reflective glare toward any inhabited building or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
  • (7) Minimize regrading. No removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance of a solar energy system. Any topsoil that must be removed shall be stored and stabilized on-site for future use. In no case shall soil be exported from the site.
  • (8) Minimize clearing of natural vegetation from the site of the solar energy system. Clearing shall be limited to what is necessary for the construction, operation and maintenance of the facility. Vegetative cover shall be maintained to prevent soil erosion. Pollinator-friendly seed mixes and native plants shall be used to the maximum extent possible.
• E. Solar canopy. A solar canopy is permitted in the B-1, B-2 and I zones and on all municipally owned property over a parking lot, driveway or walkway provided such solar energy system meets the following:
  • (1) Location: Solar canopies shall be located over parking lots, driveways or walkways.
  • (2) All solar canopies shall meet all applicable zone requirements including but not limited to lighting, setbacks and signage.
  • (3) All medium-scale solar canopies shall meet the following:
    • (a) Major land development approval from the Planning Board.
    • (b) Performance standards listed in Subsection J.
  • (4) Large- and utility-scale solar canopies are not permitted.

    [Amended 12-7-2023, effective 12-7-2023]

• F. Small-scale solar energy system. A small-scale ground-mounted solar energy system is permitted in all zones as an accessory structure provided such solar system meets the following:
  • (1) Location. Ground-mounted solar energy system shall be located in the side or rear yard of the lot.
  • (2) Height. Ground-mounted solar installations shall not exceed 12 feet in height. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
  • (3) All ground-mounted solar energy systems shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and total lot coverage.
  • (4) Screening. Ground-mounted solar energy systems shall maintain a twenty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
• G. Medium-scale solar energy system. A medium-scale ground-mounted solar energy system is permitted in all zones except the Village Overlay District and Village Overlay Center District provided such solar energy system meets the following:
  • (1) All medium-scale ground-mounted solar energy systems shall require major land development approval from the Planning Board.
  • (2) All performance standards listed in Subsection J.
• H. Large-scale, solar energy system. A large-scale ground-mounted solar energy system is not permitted.

  [Amended 12-7-2023, effective 12-7-2023]

• I. Utility-scale solar energy system. A utility-scale ground-mounted solar energy system is not permitted.

  [Amended 12-7-2023, effective 12-7-2023]

• J. Performance standards.
  • (1) Height.
    • (a) Ground-mounted solar energy systems shall not exceed 12 feet in height.
    • (b) Solar canopies shall not exceed 20 feet in height.
    • (c) Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
  • (2) Setbacks.
    • (a) All medium- and large-scale ground-mounted solar energy systems in the A-4, A-3, and R-2 zone shall maintain a 300-foot undisturbed setback from any roadway or property line.
    • (b) All utility-scale ground-mounted solar energy systems in the A-4 or A-3 zone shall maintain a 500-foot undisturbed setback from any roadway and a 300-foot undisturbed setback from any side or rear property line.
    • (c) All solar energy systems in the B-2, B-1 and I zones shall meet the setbacks of the applicable zoning district unless the parcel abuts property zoned A-4, A-3, or R-2, then the 300-foot undisturbed setback shall be required along the property line abutting the A-4, A-3, or R-2 zoned property.
    • (d) The Planning Board may allow encroachment into the setback area for ground-mounted solar energy systems where panels will cross the property lines of one or more properties. The encroachment is permitted only when such design will lead to a seamless installation of the solar energy system, minimize clearing, and maximize screening from the roadway and/or neighboring properties.
    • (e) Solar canopies shall meet the setbacks of the applicable zoning district.
  • (3) Solar land coverage.
    • (a) In the A-4, A-3 and R-2 zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 15% of the land suitable for development of the lot.
    • (b) In the B-1 and B-2 zone, solar land coverage plus any additional or existing structures on the lot shall not exceed 25% of the land suitable for development of the lot.
    • (c) In the I zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 30% of the land suitable for development of the lot.
    • (d) Solar canopies are exempt from the solar land coverage requirements.
  • (4) Screening. Ground-mounted solar energy systems shall be sited and designed to minimize the aesthetic effect on view sheds within the community. The design shall incorporate landscaping and design elements to visually screen the solar energy system from view from public roads and adjoining properties with dense, opaque vegetation.
    • (a) In addition to the required undisturbed setback outlined in Subsection J(2), all medium-, large- and utility-scale solar energy systems shall maintain a minimum fifty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
    • (b) While not subject to the setbacks outlined in Subsection J(2), the driveway accessing a solar energy system shall require the buffer outlined above when within 100 feet of a property line.
    • (c) A vegetated buffer plan prepared by a RI licensed landscape architect shall be required at the preliminary plan review stage. The landscape architect shall verify that the vegetated buffer is adequate to thoroughly screen the solar energy system year round. The vegetated buffer plan shall use plants to the extent feasible from the RI Native Plant database or plants used for agricultural purposes that can effectively screen any visual impacts.
    • (d) As part of the major land development process, the Planning Board may alter this width dependent on any unique site characteristics such as slope, open fields, wetlands, etc.
    • (e) Solar canopies are exempt from these requirements.
    • (f) The required screening shall be maintained for the life of the solar energy system. The property owner shall be required to replant any section of the buffer found to not meet the requirements of this section as determined by the Zoning Official.
  • (5) Forest impacts.
    • (a) No more than 30% of the forested area of any lot in the A-4, A-3, and R-2 zones shall be cleared for the purpose of installing solar energy systems.
    • (b) All stumps from the cleared area must be removed, disposed of off-site or ground on-site after removal. Otherwise clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the solar energy system or otherwise prescribed by applicable laws, regulations, and ordinances.
    • (c) Solar energy systems are encouraged to utilize shade pruning rather than clear cutting where feasible.
    • (d) 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.
  • (6) Lighting. Lighting of solar energy systems shall be limited to requirements for safety and operation and shall not shine light onto abutting properties or shine above in order to minimize light pollution.
  • (7) Noise. The Planning Board may require applicants for large- and utility-scale solar energy systems to submit a noise study as part of their application. The noise study shall assess the potential impacts of any off-site noise receptors due to sound emitted by the solar energy system. The noise study is required to demonstrate that the system, as designed, does not exceed a 40-decibel noise level at the property lines.
  • (8) Distribution lines. To the extent practical, all new distribution lines to any building or utility connection shall be located below ground. An executed interconnection service agreement with a utility company is required prior to final approval of any medium-, large- or utility-scale ground-mounted solar energy system.
  • (9) Security fencing.
    • (a) A minimum six-foot security fence shall surround the perimeter of the solar energy system.
    • (b) Barbed wire fencing is prohibited.
    • (c) The fence shall be at least eight inches off the ground to allow small animals to pass underneath.
    • (d) New fences shall be flagged to protect both the fencing and wildlife for at least six months.
    • (e) Solar canopies are exempt from this requirement.
  • (10) Emergency access. Accessibility for emergency services vehicles, approved by the applicable Fire Department is required.
  • (11) Signage.
    • (a) No signage is permitted on solar energy system fencing except for a sign displaying the facility name, address and emergency contact information.
    • (b) Signs such as no trespassing, warning or danger signs are allowed as needed to ensure the safety of individuals who may come in contact with the system.
    • (c) Temporary signage as outlined in § 350-26 is permitted.
  • (12) Transmission lines. Applicants must provide a thorough explanation of any transmission line access or upgrade required by the project, including but not limited to the route starting and ending points, potential impacts to street trees, and right-of-way width.
  • (13) Electrical substations. Applicants must provide a thorough explanation of any new or proposed upgrades to electrical substations including but not limited to location, screening, setbacks and noise impacts.
  • (14) Erosion and sediment control. Every effort should be made to minimize changes to existing topography and hydrology. Site alterations must conform to the most recent edition of the RI Stormwater Design and Installation Standards Manual and the RI Soil Erosion and Sediment Control handbook, as well as applicable town regulations. All applicable erosion and sediment controls must be in place before construction, including site work, begins.
  • (15) Subdivision. Any subsequent subdivision of a parcel in the A-4, A-3, or R-2 zone that contains a solar energy system shall:
    • (a) Maintain the minimum parcel size for the applicable zoning district.
    • (b) Not exceed the maximum solar land coverage requirement established in Subsection J(3).
  • (16) Operation and maintenance plan. Medium-, large- and utility-scale solar energy systems shall submit an operation and maintenance plan that details how the solar energy system will be operated and maintained in good condition and, at a minimum, shall address:
    • (a) Site access maintenance.
    • (b) Vegetation management to maintain the required vegetated screen and avoid the use of harmful herbicides to maintain 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 the unique site conditions.
  • (17) Abandonment. The solar energy system shall be considered abandoned when it is disconnected for one calendar year without prior approval from the Town. Abandoned solar energy systems shall be removed within 180 days of the date of abandonment.
  • (18) Decommissioning. Any solar energy system which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations. A decommissioning estimate, prepared by a RI licensed engineer, must be approved by the Planning Board during the preliminary plan review. Each element of the decommissioning cost estimate must include a verifiable source with contact information. Decommissioning shall consist of:
    • (a) Physical removal and recycling of all solar energy system structures, equipment, security barriers, fencing and transmission lines from the site.
    • (b) Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
    • (c) Stabilization and revegetation of the site necessary to minimize erosion and in compliance with all state and local laws, regulations, and ordinances, approved by the Glocester Zoning Official or his/her designee.
  • (19) Failure to remove. If the owner or operator of an abandoned or decommissioned solar energy system fails to remove the solar energy system in accordance with the provisions of this section, the Town of Glocester may enter the property and physically remove all elements of the solar energy system. The cost of such removal shall be the responsibility of the owner and/or operator of the solar energy system and/or the land owner.
  • (20) Financial surety. Prior to the issuance of any building permit for a medium-, large-, or utility-scale ground-mounted or solar canopy solar energy system, an escrow agreement or escrow funds to cover 125% of the cost of decommissioning as approved by the Planning Board, shall be posted with the Town of Glocester. This surety shall be automatically renewed annually for a minimum of 20 years or for the anticipated life of the solar energy system.

Editor's Note: Former § 350-46, Sewage disposal system setback from water bodies, was repealed 10-21-2010, effective 10-21-2010.

Where a lot is divided by a zoning district boundary, the regulations for either zoning district shall apply at the option of the owner of the lot, except that no district shall, in effect, be extended more than 50 feet into an adjoining district, nor be extended beyond the lot boundary.

• A. No zoning certificate or permit shall be issued by the Inspector for construction of a building or for use of land requiring an access driveway onto a state or Town road until the Inspector receives the approval of the Highway Surveyor or his authorized representative.
• B. Driveway access shall include vehicle driveways, or any construction, removal, or alteration of grade or pitch within the right-of-way of any state or Town road.
• C. All specifications for any such driveway access must conform to the following requirements:
  • (1) Any driveway access shall be so graded that it will not be necessary to change the established grade of the adjacent state or Town road.
  • (2) No part of any driveway access shall extend beyond the road line in such manner as to change the grade of the road or obstruct the free flow of water draining off the road.
  • (3) Where a driveway approach crosses an open ditch or where such construction will interfere with the drainage of stormwater along the side of the road, a culvert of such size and of such material as determined by the Highway Surveyor or his authorized representative shall be installed.
  • (4) The driveway access shall be so constructed that there will be no drainage from the driveway onto the state or Town road.
  • (5) If, in the opinion of the Highway Surveyor or his authorized representative, protection is required for the shoulder and/or edge of the state or Town road, an apron of bituminous concrete or other suitable material or treatment shall be installed.
  • (6) All required construction shall be at the property owner's expense.
• D. The Highway Surveyor or his authorized representative of the Town shall from time to time inspect the construction of such driveway access to make sure that such construction conforms to the requirements of Subsection C of this section. Upon completion of such construction, the Highway Surveyor or his authorized representative shall make a final inspection and accept or reject, in writing to the Inspector, such construction. In the event of rejection, the owner shall be given a period of 30 days to bring such construction into compliance with Subsection C of this section.
• E. The Inspector of the Town of Glocester shall also have the authority to require repair or reconstruction of any existing driveway access to a state or Town road that does not conform to the requirements of Subsections C and F of this section.
• F. Driveway access to a state road shall additionally require the approval, in writing, of the Rhode Island Department of Transportation. Such approval shall state that the proposed access driveway will not substantially interfere with traffic flow and any future widening of the road and will not constitute a safety hazard to traffic on the state road.

[Added 3-15-2007, effective 3-15-2007]

One accessory family dwelling unit (AFDU) shall be permitted by special use permit within or attached to a principal single-family residence, provided that it meets all the following requirements:

• A. The accessory family dwelling unit shall comply with the applicable district dimensional regulations for the principal structure.
• B. The accessory apartment shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a single-family residence in agricultural and residential districts.
• C. The accessory apartment shall be attached to the principal structure by means of a permanent foundation system and enclosed habitable or nonhabitable floor space.
• D. The accessory apartment shall remain in the same ownership as the principal residence.
• E. The accessory apartment is intended for permanent residential occupancy and is required to be occupied for at least six months of the year.
• F. Approval for the proposed AFDU from the Rhode Island Department of Environmental Management must be submitted prior to the issuance of a building permit for construction.
• G. The owner/applicant for a permit to construct an accessory family dwelling must sign an agreement restricting occupancy of such dwelling unit to family members and indemnifying the Town of Glocester from any cost to said Town incurred in enforcing the terms of said agreement, which agreement shall be recorded in the Land Evidence Records of the Town at the expense of the applicant, and which agreement shall run with the land so as to be applicable to and binding upon subsequent owners and shall be enforceable against the applicant, his heirs, devises, successors and assigns.
• H. The AFDU shall contain no more than one bedroom, is limited to no more than 750 square feet, and must be occupied only by members of the family occupying the principal residence.

  [Amended 12-20-2012; effective 1-23-2012]

Gasoline stations may be permitted, provided they comply with the following regulations:

• A. Detailed site plans showing the location and number of fuel pumps, the depth and capacity of fuel tanks, the number of service bays and the number of automobiles which may be stored within the principal structures shall be submitted to the Zoning Board of Review prior to approval or disapproval.
• B. All fuel tanks shall be installed underground.
• C. No gasoline station shall be within 200 feet of any church, school, or other public and semipublic institution boundary lines.
• D. Driveways shall not be more than 16 feet at curbline and they shall be at least 15 feet away from any side line or from the intersection of street lines.
• E. The entire area of the gasoline station traversed by motor vehicles shall be hard surfaced.

Motels may be permitted, provided they comply with the following regulations:

• A. Minimum lot size: seven acres.
• B. Maximum number of units per acre: eight.

The following regulations shall apply in the Highway Commercial Zones:

• A. All buildings erected or constructed shall be entirely new and complete structures designed for and to be used for commercial purposes only. No structure originally designed as a residence, or as an accessory to a residence, shall be used for commercial purposes.
• B. No residential uses shall be permitted in Highway Commercial Zones.
• C. No commercial structure shall be closer than 100 feet to the nearest residential zone.

No freshwater wetlands, as defined by Chapter 213 of the Public Laws of 1970, as amended, relating to freshwater wetlands, shall be excavated, drained or filled, nor shall any extraneous materials be placed in or removed from these wetlands, nor water flow diverted out of same, nor any other change be made to the natural condition of any freshwater wetland without prior approval of the RI Department of Environmental Management and the Glocester Town Council in accordance with the provisions of said chapter.

The following requirements shall be met for any drive-in business:

• A. The minimum lot area shall be the minimum required for the zoning district.
• B. A drive-in business window, service area, or vehicular stacking lane shall not be located within a required front, side or rear yard area. Where such a window or service area abuts a residential zoning district or residential land use, the window, service area, or vehicular stacking lane shall be set back at least 50 feet from the adjacent property boundary.
• C. Plans for any drive-in business shall include provisions for drainage, lighting, glare prevention, landscaping and screening, and noise buffers, between the vehicular service or waiting area and adjacent properties. Outside audio systems such as ordering stations or loud speakers are prohibited.
• D. Plans for any drive-in business shall provide that on-premises vehicular service or waiting areas will not cause conflict or otherwise interfere with moving traffic on an adjacent public street, on- or off-premises pedestrian movement and safety, or emergency access.
• E. Site plan requirement. Any business that includes a drive-in use must submit, as a part of a special use permit application, a site plan to the Zoning Officer at a suggested scale of one inch to 20 feet, which shall include the following information:
  • (1) Lot dimensions and area;
  • (2) All buildings and structures existing and proposed;
  • (3) Yards and space between buildings;
  • (4) Walls, fences, landscaping, and drainage control provisions for groundwater and stormwater;
  • (5) Vehicular, pedestrian, and service access;
  • (6) Automobile stacking spaces from service and ordering station;
  • (7) Parking spaces, including number of spaces and dimensions of parking area;
  • (8) Signs and lighting, including location, height, size, and method of illumination;
  • (9) Outdoor storage, including trash, seating, and other outdoor activities;
  • (10) The relationship of proposed construction to adjacent properties;
  • (11) The name, registration number, date, and stamp of the licensed preparer of the map.
• F. Unless plans requiring Rhode Island Department of Environmental Management approvals or permits are accompanied by evidence of such approvals, any approval of plans by the Zoning Board of Review shall be conditioned upon such state agency approval.

[Amended 2-24-2009, effective 2-24-2009]

• A. Purpose. The purpose of this section is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment and to maintain the capability of floodplains to retain and carry off floodwaters.
• B. Applicability.
  • (1) The Town elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program, established in the aforesaid act, provides that areas of the Town having a special flood hazard be identified by the Federal Emergency Management Agency (FEMA) and that floodplain management measures be applied in such flood hazard areas. The requirements of this § 350-55 shall apply to any construction or other development which lies wholly or partly within an area of special flood hazard, as identified as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, VE on the Flood Insurance Rate Map (FIRM) and Flood Hazard Boundary Map prepared by Federal Emergency Management Agency. The map panels of the Providence County FIRM that are wholly or partially within the Town of Glocester are panel numbers 44007C0120H and 4007C0235H, dated March 2, 2009, and July 19, 2023.

    [Amended 6-15-2023, effective 6-15-2023]

  • (2) The degree of flood protection required by the section is considered reasonable but does not imply total flood protection. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of the section shall control.
  • (3) For the purposes of this section, "other development" shall be defined as any action exclusive of that which requires the issuance of a building permit under the Rhode Island State Building Code. Such other development shall include, but not necessarily be limited to, the following:
    • (a) Earth, gravel or mineral removal or extraction.
    • (b) Alteration of the topography by cutting, filling or grading.
    • (c) Storage of bulk materials outside of a structure.
    • (d) Construction or placement of facilities or improvements not normally requiring a building permit.
  • (4) The requirements set forth in this section shall be in addition to any applicable requirements in this chapter and in any other regulation which may be applicable.
• C. Definitions. Unless specifically defined below, words and phrases used in this section pertain to floodplain management, have the same meaning as they have in common usage and as to give this section its most reasonable application.

  ACCESSORY STRUCTURE — A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

  AREA OF SHALLOW FLOODING — (For a community with AO or AH Zones only.) A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

  AREA OF SPECIAL FLOOD HAZARD — See definition for "special flood hazard area."

  BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).

  BASE FLOOD ELEVATION (BFE) — The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

  BASEMENT — Any area of the building having its floor subgrade (below ground level) on all sides.

  BUILDING — See definition for "structure."

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

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

  DRY FLOODPROOFING — Any combination of structural and nonstructural protection measures incorporated in a building that is not elevated above the base flood elevation that keeps water from entering the building to prevent or minimize flood damage. Note: For insurance purposes, a dry floodproofed, nonresidential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.

  EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION — A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

  EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

  FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program (NFIP).

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

  FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the limits of the regulatory floodway and one-hundred-year floodplain.

  FLOOD INSURANCE RATE MAP (FIRM) — The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.

  FLOOD INSURANCE STUDY (FIS) — The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

  FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

  FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."

  FUNCTIONALLY DEPENDENT USE OR FACILITY — A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

  HIGHEST ADJACENT GRADE (HAG) — (Only for community with AO/AH zones.) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

  HISTORIC STRUCTURE — Any structure that is:

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

  LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement).

  MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

  MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION — A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

  MARKET VALUE — Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

  MEAN SEA LEVEL (MSL) — Avenge height of the sea for all stages of the tide, usually determined from hourly height observations over a nineteen-year period on an open coast or in adjacent waters having free access to the sea. The National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) to which base flood elevations shown on a community Flood Insurance Rate Map (FIRM) are referenced.

  NEW CONSTRUCTION — Structures for which the "start of construction" commenced on or after effective date of floodplain regulations, and includes any subsequent improvements to such structures.

  NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION — A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

  RECREATIONAL VEHICLE — A vehicle which is:

  • (1) Built on a single chassis;
  • (2) Four hundred square feet or less when measured at the largest horizontal projection;
  • (3) Designed to be self-propelled or permanently towable by a light-duty truck; and
  • (4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

  REGULATORY FLOODWAY — See definition for "floodway."

  SHEET FLOW AREA — (For community with AO, AH, or VO Zones only.) See definition for "area of shallow flooding."

  SPECIAL FLOOD HAZARD AREA (SFHA) — The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the coastal high hazard areas shown as Zones V, V1-30, and VE on a FIRM. The SFHA is also called the "area of special flood hazard."

  START OF CONSTRUCTION — For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

  STRUCTURE — A walled and roofed building which is principally above the ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

  SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

  SUBSTANTIAL IMPROVEMENT —

  • (1) Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
  • (2) The term does not, however, include either:
    • (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
    • (b) Any alteration of an "historic" structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."

  VARIANCE — A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

  VIOLATION — Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

  WATER SURFACE ELEVATION — The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

  WET FLOODPROOFING — Measures designed to minimize damage to a structure or its contents by water that is allowed into a building.

• D. Permit required.
  • (1) Except where construction is covered by a building permit or by approval of a subdivision plat by the Glocester Planning Board, any other development shall require the issuance of a development permit by the Building Official or his or her designee. Said permit shall be in a form authorized by the Town Council.
  • (2) The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer and shall include:
    • (a) The name and address of the applicant;
    • (b) An address or a map indicating the location of the construction site;
    • (c) A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, the dimensions of the lot, and bench marks used for flood elevation;
    • (d) A statement of the intended use of the structure;
    • (e) A statement as to the type of sewage system proposed;
    • (f) Specification of dimensions of the proposed structures;
    • (g) The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;
    • (h) Base flood elevation data for all new, relocated or substantially improved structures;
    • (i) The elevation (in relation to mean sea level) to which the structure will be floodproofed;
    • (j) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
    • (k) Any wetlands application(s);
    • (l) Soils/erosion plan;
  • (3) Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.
• E. Permit fee. A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Glocester and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the Code Enforcement Officer and/or Board of Appeals need the assistance of a professional engineer.
• F. Review of flood hazard development permit applications. The Building Official or his or her designee shall:
  • (1) Review all applications for flood hazard development permits to determine that all pertinent requirements as described Subsection G of this section have been or will be met;
  • (2) Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study--Town of Glocester, Rhode Island, Providence County," as described in Subsection B.
  • (3) Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in Subsection B;
  • (4) In A Zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for floodproofing or elevating nonresidential structures to or above the base flood level.
  • (5) In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;
  • (6) Notify adjacent municipalities, the State Department of Environmental Management and the State Bureau of Civil Emergency Preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and
  • (7) Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.
• G. Development standards. The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in Subsection B. Please also refer to the current Rhode Island State Building Code, One and Two Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical for state standards or any other applicable codes.
  • (1) No watercourse may be altered in a manner which will, in the opinion of the Building Official or his or her designee, result in any decrease in the capacity of the watercourse, and no land shall be graded or altered in such a manner as to increase the base flood elevation within the Town of Glocester. Where any alteration is permitted, the Building Official or his or her designee will notify the adjacent communities, the Rhode Island Statewide Planning Program and the Federal Emergency Management Agency.
  • (2) In a regulatory floodway, any encroachment is prohibited which would cause any increase in the base flood level unless hydrologic and hydraulic analyses prove that the proposed encroachment would not increase flood levels during the base flood discharge.
  • (3) The filling or excavation of land may be permitted only under the following conditions:
    • (a) Said action will not encroach upon a watercourse.
    • (b) Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the Building Official or his or her designee shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.
  • (4) No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods shall be permitted in any special flood hazard area. Such materials or equipment shall include but not necessarily be limited to lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.
  • (5) Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.
  • (6) The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in Subsection B.
  • (7) Construction methods and practices shall be used that minimize flood damage.
  • (8) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located to prevent water entry to accumulation.
  • (9) On-site waste disposal systems shall be designed to avoid impairment or contamination of the floodway.
  • (10) New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration.
  • (11) Base flood elevation data is required for subdivision proposals or other development greater than 50 lots or five acres.
• H. Construction Standards in Special Flood Hazard Areas (SFHA), Zones A, A1-30, AE.
  • (1) Residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE).
  • (2) Nonresidential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or nonresidential structures shall:
    • (a) Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or
    • (b) In lieu of being elevated, nonresidential structures may be dry floodproofed to one foot above the BFE, provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Rhode Island-registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice or meeting the provisions of this section. Such certification shall be provided to the Building Official or his or her designee.
  • (3) Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island-registered professional engineer or architect, or meet the following minimum criteria listed in Subsections H(3)(a) through (g) below:
    • (a) Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required;
    • (b) The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawl space, must be set equal to the outside finished grade on at least one side of the building;
    • (c) The openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic entry and exit of floodwaters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the Building Official or his or her designee.
    • (d) The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;
    • (e) All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage.
    • (f) Electrical, plumbing, machinery or other utility equipment that services the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot-water heaters, ventilation, washers, dryers, electrical junction boxes, circuit-breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates.
    • (g) A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Subsections H(3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood-resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection H(2) of this section.
  • (4) Manufactured (mobile) homes and recreational vehicles (RVs).
    • (a) In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.
    • (b) All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
    • (c) All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
    • (d) Recreational vehicles.
      • [1] Recreational vehicles placed on sites within a SFHA shall either:
        • [a] Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; or
        • [b] Be elevated and anchored.
      • [2] A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
    • (e) Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.
  • (5) Accessory structures. Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
    • (a) The structure is no more than 500 square feet and has a value less than $3,000.
    • (b) The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
    • (c) The structure is used solely for parking of vehicles and/or limited storage.
    • (d) The accessory structure must be wet-floodproofed and designed to allow for the automatic entry and exit of floodwater.
    • (e) The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
    • (f) Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
    • (g) The structure must comply with the floodway encroachment provision in Subsection G, Development standards, in this section.
• I. Variance.
  • (1) The Zoning Board of Review may hear and grant a variance in accordance with the procedure outlined in § 350-8E. In addition to applying the criteria and requirements of said section, the Board shall undertake the following in granting a variance from the provisions of this section:
    • (a) Describe in its decision the exact extent of the variance granted.
    • (b) Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25 per $100 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.
    • (c) Forward a copy of its written decision and findings to the applicant, the Building Official or his or her designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the Town to the administration.
  • (2) No variance may be granted which will result in any increase in flood levels.
• J. Enforcement.
  • (1) It shall be the duty of the Building Official or his or her designee to enforce the provisions of this section. If the Code Enforcement Officer finds that any provisions of this section are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.
  • (2) When the above action does not result in the correction or abatement of the violation, the municipal officers, upon notice from the Code Enforcement Officer, are hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to the enforcement of this section. Any person who continues to violate any provision of this section after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of $500 per day for each violation. Each day such a violation is continued is a separate offense.

• A. Intent.
  • (1) The Town Council finds, pursuant to the authority contained in R.I.G.L. § 45-23-29, as amended, that it is necessary to provide for innovative land development practices with respect to the siting and installation of telecommunications towers, antennas and accessory structures; and
  • (2) The Town Council further finds that the preparation, enactment and implementation of a zoning ordinance relating to telecommunications towers, antennas and accessory structures, is necessary to address the protection of public health, safety and welfare of the citizens of Glocester; and
  • (3) Therefore, it is the intent of the Town Council that this section provide guidance and direction with respect to matters affecting the siting and installation of telecommunications towers, antennas and accessory structures.
• B. Purpose.
  • (1) General purposes. The general purpose of this section is to regulate the placement of wireless communications towers, antennas and related facilities, and the addition of wireless communications equipment to existing structures. The regulations serve to establish a procedure for application, permits, and for special use permits; to establish development standards and location requirements; and to encourage the co-location of equipment onto existing structures.
  • (2) The specific purposes of this section are to:
    • (a) Address public safety concerns associated with the siting of wireless communications facilities; including towers, antennas and related facilities, equipment and structures.
    • (b) Preserve the character, appearance, property values, natural resources and historic sites of the Town;
    • (c) Minimize the number of new tower facilities by encouraging and requiring co-location wherever possible;
    • (d) Limit the height of telecommunications tower facilities; and encourage maximum setbacks from roads, property boundaries and existing structures;
    • (e) Encourage the siting of new wireless communications facilities on properties owned by the Town or its instrumentalities;
    • (f) Encourage location of towers and antennas in industrial zoned and other areas where visual and other impacts on the community are minimized;
    • (g) Discourage location of towers and antennas in areas zoned and used for residential purposes to the extent that they significantly diminish the character or value of real property in the residential area.
    • (h) Provide for the design and siting of wireless communications facilities so as to minimize their visual impact on neighboring properties and on the character of the Town.
    • (i) Discourage the construction of towers that would require airspace obstruction marking and/or lighting.
    • (j) Encourage small facility options that will reduce unnecessary tower structures, but will integrate well into the context and character of the community.
  • (3) In addition to the aforementioned, this chapter also intends to minimize the number of tower structures by encouraging large towers at strategically spaced intervals that provide optimal coverage for the maximum number of service providers with the least impact on the community. This section limits the quantity of large towers by requiring a two-mile separation between towers and by requiring performance criteria that minimize the impact on the community.
• C. Applicability.
  • (1) New towers and facilities. The requirements set forth in this section shall govern the location of all new telecommunications facilities and related equipment, including television and radio transmission towers. Except as provided herein, the general height limitations of this chapter otherwise applicable to buildings and structures shall not apply to towers and antennas.
  • (2) Amateur radio antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
  • (3) Preexisting towers and antennas. Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section. However, any proposed extension beyond 20 feet in the height of an existing facility, replacement of a facility, or installation of an additional antenna to a facility, other than a facility on land owned or leased by the Town and serving Town communications needs, shall be subject to the requirements of this section.
• D. General conditions. This section makes a distinction between new or existing tower structures and placement of antenna array on existing structures in order to reduce or eliminate the impact of towers on the community.
  • (1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses or structures, as appropriate. A different existing use or existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district dimensional regulations, including, but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control even though the antenna or tower may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed in accordance with the provisions of this section, shall not be deemed to constitute the expansion of a legal existing nonconforming use or structure. Towers and associated equipment that may be located within or outside of base facilities may not take away required parking spaces of an existing building or use.
  • (2) Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with or exceeds the standards contained in the applicable State Building Codes and the applicable standards for towers that are published by the Electronics Industries Association as amended from time to time and shall structurally accommodate reasonable co-location. The owner of the tower shall also ensure that the tower and related facilities comply with other applicable safety and environmental standards, including but not limited to safety limits for human exposure to radio frequency energy. If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards, and/or that it constitutes a danger to persons or property, then the Building Official shall notify the owner of the tower in writing, and the owner shall have 30 days to bring such tower into compliance. Failure of the owner to do so shall constitute grounds for removal of the tower or antenna at the owner's expense. In addition to other legal remedies available to the Town, the Building Official may proceed in accordance with Chapter 27.3 of Title 23 of the Rhode Island General Laws, entitled “State Building Codes.”
  • (3) General requirements. All wireless communications facilities shall be erected, installed, maintained, and used in compliance with all applicable federal and state laws, rules, and regulations, including radio frequency emission standards.
  • (4) Co-location. All owners and operators of land used in whole or in part for a wireless communications facility, and all owners and operators of such facilities, shall, as a continuing condition of installing, constructing, erecting, and using a wireless communications tower facility, and subject to necessary approvals hereunder, permit other public utilities or FCC-licensed commercial entities seeking to operate a wireless communications tower facility to install, erect, mount, and use compatible equipment and fixtures on the mounting structure on reasonable commercial terms. This is provided that such co-location does not materially interfere with the transmission and/or reception of communications signals to or from the existing facility, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional wireless communications equipment or fixtures. Erection of a replacement facility to address such concerns shall be considered, where the Zoning Board determines appropriate. Wireless communications facilities shall be designed to accommodate co-location to the extent technologically and physically practical given the limitations of the site and area.
  • (5) Number of towers. Only one wireless communications tower structure per site shall be authorized by this chapter, unless the placement of more than one tower structure on the site results in a substantially better design that is integrated into the neighboring uses and meets community standards. An example of this may be the erection of two flagpole structures located in a recreational facility. The erection of more than one lattice tower or monopole in a residential area would not be an example of a better design.
  • (6) Removal of facilities. All unused telecommunications facilities and structures, including nonconforming or preexisting facilities which have not been used for one year, shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building Official. Before a permit is issued, and as a condition thereof, said owner shall post and thereafter continuously maintain an appropriate surety bond, approved in amount and form by the Town Solicitor and the Public Works Director every two years, to cover the cost of removal of all facilities and restoration of the site. If such antenna or tower is not removed within 90 days, the Town may take the necessary action to remove the facility at the owner's expense. The owners of the property and the facility shall be jointly and individually responsible for removal of said facilities, restoration of the site and for all associated costs, expended or incurred in the course of removal and restoration.
  • (7) Carrier utilization. Included in an application for a telecommunications tower or antenna, an applicant must demonstrate that it has a commitment from one or more licensed wireless services providers to occupy the facility for the purposes of transmitting and/or receiving wireless communications. Wireless communications towers shall be designed to accommodate the maximum number of co-locators reasonably practicable, taking into account the size and appearance of the structure in the context of its location. Tower locations identified as large facilities must meet this requirement, where small infill tower facilities may to a lesser extent. Owners of telecommunications towers shall make space available to wireless communications services, including, when appropriate, repositioning tenants on the tower, and reinforcing or replacing the tower. The cost of making space available shall be the responsibility of the applicant and may be shared by the tower owner, if agreeable.
  • (8) Town requirements. At the time of application for any tower, space shall be made available on telecommunications towers for Town police, fire, rescue, and public works communications needs related to public safety, health and welfare, at no cost to the Town. The telecommunications tower owner and wireless service carriers shall assist the Town, when deemed necessary, in the enhancement of existing police and fire communications systems by providing for the acquisition and installation of related equipment.
  • (9) Development plan review. Applicants shall be subject to the provisions of development plan review, as outlined in Chapter 300, Subdivision of Land, § 300-37, as amended, when applying for a new facility or the expansion of the footprint of an existing facility.
• E. Permitted uses.
  • (1) General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such permitted uses are subject to the requirements of Subsections D, F(3)(a), G and H (4, 6-C-1, 7 and 8) of this section.
  • (2) Specific permitted uses.
    • (a) Telecommunications facilities including the placement of towers and additional buildings or other supporting equipment used in connection with said facility, in an industrial zoning district; provided, however, that the height of the proposed facility is less than 125 feet.
    • (b) Antennas and additional accessory structures or equipment used in connection with said antennas on land occupied by existing electric utility transmission towers, provided the height of such facility is less than 125 feet.
    • (c) Installing an antenna on any existing tower of any height, as long as the addition of said antenna adds no more than 20 feet in height to said existing tower as originally constructed, provided the total height does not exceed 200 feet.
• F. (Reserved)

  Editor's Note: Former Subsection F, Special use permits, was repealed 12-7-2023, effective 12-7-2023.

• G. Design and development standards.
  • (1) Setbacks, height and separation.
    • (a) A wireless communications tower facility shall be set back from any adjacent property line or street at a maximum feasible distance, considering the size and physical constraints of the site, visibility to nearby sites and other visually sensitive locations, and the proportions and context of the site, in order to provide opportunity to minimize the adverse visual effects of telecommunications facilities. At the minimum, any such facility shall be set back from any property line a distance equal to 1 1/2 times the height of the facility and set back from any residential structure on a separate parcel a distance equal to 1 1/2 times the height of the facility or 250 feet, whichever is greater. Such facility shall be set back a distance of at least 400 feet from any public or private street or public right-of-way, and large uncamouflaged facilities must be at least 1,000 feet from a school facility.
      • [1] The Zoning Board of Review (ZBR) may waive these limitations up to a factor of 50% if the facility is camouflaged or in keeping with the surrounding uses, such that it is demonstrated to the satisfaction of the ZBR that a substantially better design in keeping with the community character results. A specific example would be a small tower facility such as a flagpole, church steeple, barn or grain silo or a large tower facility that is sited on a particular lot that is suitable for a tower facility, but may have such physical constraints or attributes that make a waiver necessary. Towers and antenna mounts that are less than 80 feet in height above ground and that are suitably disguised to the satisfaction of the ZBR are required only to meet the setbacks for the district in which they are installed.
      • [2] When a telecommunications facility is determined by the Zoning Board to be appropriately sited within an industrial or B-2 zoned lot, which cannot meet the foregoing setbacks, and which is within a larger industrially or B-2 zoned area, the Zoning Board may decrease the setbacks from lot lines and structures within said lot, if the placement of the facility in said lot is not otherwise feasible, and the purposes of this section are otherwise met. However, the Zoning Board may not reduce the setbacks below the minimum setbacks otherwise provided for an Industrial or B-2 zoned lot under this chapter. Telecommunications facilities placed within an Industrial or B-2 zoned lot shall observe the setbacks set forth in the preceding subsection from property zoned A-4, A-3, R-2, residential structures, and public or private streets or public rights-of-way.
    • (b) Towers shall not be located within an historic district as designated by this chapter, unless disguised in a manner that meets the requirements as recommended by both the Historic District Commission and the Planning Board.
    • (c) Excluding towers in the Industrial Zoning District or in locations where more than one tower has been proposed on a single site, towers greater than 125 feet in height (large tower facilities) shall not be located within two miles from each other.
    • (d) With the exception of the larger tower facility (high-intensity), the Town encourages smaller facilities that blend into the existing environment through the use of disguise and camouflage. In order to minimize the number of tower facilities, normally, small tower facilities shall be considered to provide service coverage, as deemed necessary by the ZBR only after the installation of large tower facilities. These small tower facilities are not to be construed as an alternative to the large tower facilities, in that it is the design of this section to allow small tower facilities in places where a gap in coverage exists between two large tower facilities.
  • (2) Landscaping and screening. The applicant must demonstrate that the tower or antennas are located within a given site so as to minimize the visual impact from nearby properties and roadways. Existing on-site vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for the landscaped screening requirement. Appropriate screening shall be installed at tower sites to limit views from adjacent properties and streets. Plantings shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material appropriate to the habitat. Screening may be waived on those sides or sections that are adjacent to undeveloped lands. The owner of the property shall be responsible for ongoing maintenance and shall replace any dead plantings within 30 days.
  • (3) Site requirements.
    • (a) Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site which respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Director of Public Works and by the District Fire Chief to assure emergency access at all times. Consideration shall be given to design that minimizes erosion, construction on unstable soils, and steep slopes.
    • (b) Communications towers shall be enclosed by a fence at least 10 feet in height from finished grade and at least six feet from the base of the structure. Access shall be through a locked gate.
    • (c) Communications towers shall not be artificially lighted except as may be required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of Glocester.
    • (d) No signs shall be allowed on any communications tower except as may be required for safety purposes, by the Federal Communication Commission (FCC) or by the Town. All signs shall conform with the sign requirements of this chapter.

      Editor's Note: See Art. V, Sign Regulations.

    • (e) All supports and anchors shall have a minimum ten-foot horizontal setback from any overhead utility lines.
    • (f) The tower shall be designed to accommodate the maximum number of uses technologically practical.
  • (4) Site selection consideration. When considering a site for a telecommunications facility, the following steps may assist evaluating the site's suitability:
    • (a) Evaluate coverage by reviewing existing telecommunications coverage to determine gaps in coverage, overlay proposed coverage from the considered tower/facility to establish how the proposed may improve service in that area.
    • (b) Consider alternatives that would provide the necessary service using less intrusive means.
    • (c) Evaluate the context of the site under consideration, underlying zoning, uses of property, neighboring uses, activities, maximization of co-location on the proposed facility and compatibility of the proposed tower/facility with neighboring uses.
    • (d) Consider visibility of the proposed tower/facility in community.
    • (e) Evaluate methods of camouflaging the structure to fit in with area.

[Added 9-16-2004, effective 11-2-2004; amended 10-21-2010, effective 10-21-2010; 11-21-2024, effective 11-21-2024]

• A. Development plan review established. There shall be development plan review for uses that are permitted by right under the zoning ordinance as specified in the Subdivision Regulations under Section 6.06.
• B. Permitting authority. The permitting authority shall be as determined in the Subdivision Regulations.
• C. Specific and objective guidelines. Design of all projects shall be consistent with the provisions of the Subdivision Regulations.

[Added 11-21-2024, effective 11-21-2024]

• A. Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.
• B. Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of the Subdivision Regulations and [R.I.G.L. § 45-23-42(b)].
• C. In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of § 350-8E(3) relative to entering evidence into the record in satisfaction of the applicable standards.
• D. 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 in § 350-8F, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 350-8F.
• E. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to Article III. Section 3.07 of the Subdivision Regulations (R.I.G.L. § 45-23-71).

[Added 11-21-2024, effective 11-21-2024]

• A. Land development projects shall be reviewed in accordance with the procedures established in the Subdivision Regulations adopted by the Glocester Planning Board, pursuant to R.I.G.L. § 45-23.
• B. No land development project shall be initiated until a plan of the project has been submitted and approval has been granted by the authorized permitting authority, as determined in the Land Development and Subdivision Regulations.

[Added 11-15-2007, effective 12-20-2007]

• A. Land unsuitable for development means land which has environmental constraints or physical constraints to development. The following regulations shall apply to proposed future residential lots in a conventional subdivision; a conservation development; and a residential compound.
• B. Description.
  • (1) Land unsuitable for development includes the following areas:
    • (a) Land under water bodies or surface water area, as defined by the Rhode Island Department of Environmental Management.
    • (b) Fresh water wetlands, including that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp or pond; or any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by § 2-1-20 of the General Laws (1987), as amended.
    • (c) Existing or proposed streets or rights-of-way, public or private.
    • (d) Land within any publicly or privately held easement in which above- or below-ground utilities are existing or proposed, including but not limited to electric transmission lines less than 69 kilovolts, gas transmission facilities, drainage easements, or easements for access, public access, or scenic areas.
    • (e) Historic cemeteries as registered with the Rhode Island Advisory Commission on Historic Cemeteries or as shown on a map of historical cemeteries maintained in the Glocester Town Hall. Native American cemeteries, if identified and located on a proposed subdivision/development site shall also be considered to be land unsuitable for development.
    • (f) Areas of steep slope in excess of 20%.
    • (g) Lands located within special flood hazard areas as defined by the Federal Emergency Management Agency Flood Insurance Rate Maps for the Town of Glocester except where the Planning Board determines that an engineering design for the proposed development will overcome or mitigate the constraint without adverse environmental impact.
  • (2) Land unsuitable for development described in Subsections B(1)(a) through (g) above may be included as part of any lot in any subdivision or land development project, including conservation developments; provided, however, that the provisions in Subsections C through E below are met.
• C. Lots in a conventional subdivision. Lots in any conventional subdivision, in any residential zoning district, shall contain a contiguous area of land suitable for development of not less than 1.5 acres (65,340 square feet) of land suitable for development. This provision shall not apply to any nonresidential development.
• D. Lots in a conservation development. When calculating the maximum number of dwelling units permitted in a conservation development, lots intended for residential use shown on a conventional yield plan as required by the Subdivision and Land Development Regulations shall contain at least the minimum lot area of land suitable for development required by Subsection C above.
• E. Lots in a rural residential compound. The number of dwelling units and the minimum dimensions for lots within a rural residential compound shall be as provided in Article X of this chapter.
• F. Notwithstanding the above, in a B-1 or B-2 Zoning District, land suitable for development as defined in this chapter shall constitute the entire minimum lot size of 0.5 acre.

Editor's Note: This ordinance also provided for the renumbering of former §§ 350-58 through 350-97 as §§ 350-59 through 350-98, respectively.

[Added 3-16-2017, effective 3-16-2017; amended 7-20-2023, effective 7-20-2023]

• A. Retail sales.
  • (1) Definitions. The definitions of all terms used herein shall be as stated in R.I.G.L. § 21-28.11-3, including, but not limited to, the following:

    ADULT USE CANNABIS or RECREATIONAL CANNABIS — Cannabis which may be legally possessed and consumed for nonmedical purposes by a person who is at least 21 years of age.

    CANNABIS CONTROL COMMISSION or COMMISSION — The Rhode Island Cannabis Control Commission established by R.I.G.L § 21-28.11-4.

    CANNABIS PRODUCTS or MARIJUANA PRODUCTS — Products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.

    CANNABIS RETAILER — An entity licensed pursuant to R.I.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.

    CONSUMER — A person who is at least 21 years of age, and who is authorized by law to consume or use cannabis.

  • (2) Permitted zones. Cannabis retailer sales, as established under "The Rhode Island Cannabis Act," shall be allowed with the issuance of a special use permit (SUP) by the Zoning Board of Review (ZBR) in accordance with § 350-8F, within the following zoning districts (as outlined in Ch. 350, Attachment 1, Table of Use Regulations, Section 8, Retail Business):
    • (a) Highway Commercial (B-2 District).
    • (b) Industrial (I District).

    Editor's Note: See R.I.G.L. § 21-28.11-1 et seq.

  • (3) Conditions for consideration.
    • (a) Minimum qualifications. To qualify for consideration of a special use permit by the Zoning Board for cannabis retail sales, an applicant shall satisfy all qualifications established by the Cannabis Control Commission and the following conditions:
      • [1] Receipt of a license issued by the Cannabis Control Commission.
      • [2] Evidence that the applicant has site control and the right to use the site for cannabis sales in the form of a valid purchase and sales agreement, a valid lease agreement, a notarized statement from the property owner, or other alternate written authorization.
      • [3] Provide a security plan that details any anticipated burden on Town public safety personal/services from the use of the facility. Said plan shall include all security measures for the site, transportation of cannabis and cannabis products to and from the premises to ensure the safety of the employees and public, and to protect the facility from theft or other criminal activity and be approved by the Glocester Police Department.
      • [4] Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including, but not limited to, filtering techniques, biofilters, chemical filtration and/or other similar technique.
      • [5] Requirements for the filing of an application as outlined in Glocester Code of Ordinance, "Special Use Permits," § 350-8F.
    • (b) Site conditions.
      • [1] Location. Uses granted under this article shall not be located within:
        • [a] Five hundred feet of a preexisting public or private school providing education in kindergarten or any grades one through 12 and any preschool registered with the Rhode Island Department of Education.
        • [b] No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.
        • [c] The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis retailer is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.
  • (4) Conditions of operations. In addition to the rules promulgated by the Cannabis Control Commission the following operational conditions shall apply:
    • (a) Hours of operation. The proposed cannabis retailer hours of operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m. weekdays and Saturdays and 12:00 p.m. to 6:00 p.m. Sundays. Actual hours of operation to be determined by the Zoning Board.
    • (b) Lighting. Lighting shall adequately illuminate the cannabis retailer, its immediate surrounding area, parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.
    • (c) Security. The proposed cannabis retailer shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security alarm system.
    • (d) Parking. The proposed cannabis retailer shall comply with the off-street parking requirements and regulations in § 350-35 of this Zoning code.
    • (e) Signage. The proposed cannabis retail location shall present signage in a size and in a form that is reasonably legible from the retail access point, which clearly prohibits any person who is under 21 years of age to be present inside the cannabis retail establishment in compliance with R.I.G.L. § 21-28.11-27.1.
    • (f) Site plan. No use permitted under this section shall be established prior to submission and approval by the Zoning Board of a site plan, a building plan, and, if required, a boundary line survey by a licensed professional land survey or (PLS). The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
    • (g) The Zoning Board may impose additional operational conditions or further restrict existing minimum conditions Subsection A(4)(a) through (f) above.
  • (5) Findings. In addition to the findings required in § 350-8F. the Zoning Board must also find the following:
    • (a) That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.
    • (b) That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.
    • (c) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.
  • (6) Licensing. All uses permitted under this section shall comply fully with all licensing requirements of the Town of Glocester and the laws of the State of Rhode Island.
• B. Personal marijuana cultivation.

  Patient cultivation shall be permitted in all zoning districts in the Town of Glocester. Patient cultivation shall not be allowed unless each of the following criteria has been met:

  • (1) Patient cultivation shall only be allowed at the patient cardholder's primary residence. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to R.I.G.L. § 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
  • (3) The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to R.I.G.L. § 23-27.3. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cardholder.
  • (4) In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing be secured by locked doors;
    • (b) That the area used for growing has two means of egress;
    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Chief.
  • (5) Zoning certificates, Fire Chief inspection and/or review, or building/trade permits are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence.
  • (6) Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws.

    	Possessor	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    	Patient cardholder	12 plants	12 plants	1.5 ounces

[Added 6-6-2019, effective 6-6-2019]

• A. Purpose. The purpose of this section is to expand the accessory business uses on farm land that are currently not allowed. This can help to provide an economic incentive to maintain land now used for farming, forestry, wildlife habitat, recreation and to preserve the Town's rural character. Farmland owners may need to generate revenue from their land beyond conventional farm products to maintain a sustainable business and thus prevent their parcels from being converted to house lots. While the Town of Glocester wants to encourage limited accessory business uses for farm landowners, it also recognizes the need to protect the integrity of its residential areas. Therefore this section establishes limits to allow for accessory uses on farms that are compatible with residential uses. Section 350-58.2 does not restrict or limit any agricultural activities currently allowed in Glocester by Town ordinance or state law. This section adds new accessory uses for farm land owners if these uses can comply with the applicable conditions in § 350-58.2E.
• B. Eligibility. Farm-based accessory uses listed in § 350-58.2C below are only allowed on farms as defined in § 350-5 of this chapter.
• C. Allowable uses.
  • (1) The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on all farm lots unless otherwise indicated:
    • (a) Hay rides, tractor rides and sleigh rides.
    • (b) Crop mazes.
    • (c) Indoor or outdoor viewing, feeding and petting of farm animals for a fee.
    • (d) Pick-your-own crops.
    • (e) Farm home food production in compliance with R.I.G.L. § 21-27-6.1.
    • (f) Commercial greenhouses.
    • (g) Raising and sale of livestock.
    • (h) Product stands.
  • (2) The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on medium and large farm lots and not permitted on small farms:

    [Amended 12-7-2023, effective 12-7-2023]

    • (a) Indoor or outdoor agriculture-related classes, seminars and tours.
    • (b) Farm-based retail building.
    • (c) Farm product processing of agricultural products raised on-premises, excluding the processing of meat or meat products.
    • (d) Farm-based retail of agriculture products raised on the premises.
    • (e) Farm-based contracting business.
  • (3) The following uses, as defined in § 350-5, shall be permitted accessory uses subject to the conditions set forth herein on large farm lots and not permitted on small and medium farms:

    [Amended 12-7-2023, effective 12-7-2023]

    • (a) Sale of gardening or landscaping materials produced on the premises, including mulch, compost, potting soil and other soil amendments.
    • (b) Equestrian facilities.
    • (c) Farmers' market.
• D. Review.
  • (1) Accessory uses as outlined above are specifically exempted from the major land development process and will be reviewed by development plan review in accordance with § 350-57 of this chapter for any use that meets one or more of the following criteria:
    • (a) The use requires a special use permit;
    • (b) The use requires the installation of eight or more parking spaces;
    • (c) The use requires the construction or adaptive reuse of a permanent or temporary structure enclosure with 1,000 square feet or more;
    • (d) The use includes on-site food or beverage service;
    • (e) The use involves providing overnight accommodation;
    • (f) The use involves animal display, boarding or breeding;
    • (g) The use is a farm brewery, distillery or winery.
  • (2) The Planning Board shall hold a public hearing consistent with the notice requirements of § 350-8F(3) of this chapter for any use that requires development plan review but does not require a special use permit.
  • (3) Accessory uses other than those outlined above will require review by the Town's Zoning Official. The Zoning Official may refer any farm accessory use to the Planning Board for development plan review.
  • (4) The Planning Board shall have the authority to waive or modify any requirement from the development plan review with respect to the information and documents an applicant must submit if, in the opinion of the Planning Board, the information or document is not necessary for a comprehensive review of the proposed use.
• E. Accessory use conditions. The accessory uses established by this section shall remain subordinate to the principal bona fide farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. If the farm ceases to exist in compliance with the definition in § 350-5, the accessory use shall also cease to operate. Nothing in this section supersedes the Rhode Island Right to Farm Act.
  • (1) Permanent Signage. One freestanding sign of a maximum of 10 square feet in area and four feet in height shall be allowed and comply with the standards in Article V, Sign Regulations, of this chapter.
  • (2) Temporary Signage. One temporary freestanding sign per driveway entrance is allowed and may be placed at the entranceway in a manner that does not obstruct sightlines for automobiles exiting the property. Temporary freestanding signs shall be no larger than six square feet in area and four feet in height. In addition to the allowable freestanding sign, one banner that does not exceed 20 square feet may also be used. All temporary signs shall be removed during nonbusiness hours.
  • (3) Off-street parking. No farm accessory use shall be developed unless adequate off-street parking is provided in accordance with Article VI, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials, including, but not limited to, turf, stone, lattice finishes that allow for turf to grow within the parking area, or reinforced turf are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of the stormwater runoff from these surfaces shall comply with § 300-31B(16).
  • (4) Lighting. Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. Any outdoor lighting must comply with the provisions of Chapter 203 of the Glocester Code of Ordinances. All lighting practices shall be compliant with the International Dark Sky Association.
  • (5) Setbacks. With the exception of product stands and retail sales buildings which may encroach into the front yard setback, all accessory uses shall meet the setbacks of the underlying zoning district.
  • (6) Screening. In addition to using existing structures to shield outdoor storage, equipment, or materials from view, opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any outdoor storage of nonagricultural equipment or materials that occurs within 100 feet of a front, side or rear lot line that is visible to a public street or adjacent residence. Any outdoor dumpsters or similar large-scale trash collection bins shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening.
  • (7) Storage. Storage of any nonagricultural equipment or materials related to the permitted accessory use shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with the permitted accessory use shall be located in a manner that effectively shields them from view when viewed from a town road or adjacent residence.
  • (8) Fencing. Fencing used to demarcate storage areas shall be made of wooden material or other synthetic materials designed to simulate traditional fencing material.
  • (9) Temporary agricultural buildings. Temporary agricultural buildings, including tents, shall conform to the dimensional requirements of the underlying district. These agricultural buildings shall be erected and removed in accordance with local licensing agreements, and inspected by municipal safety officials as required by law.
  • (10) Noise. No farm accessory use shall exceed a sound level of 65 decibels for more than 15 minutes within a sixty-minute time period as measured at or within the real property boundary of the receiving land use, between the hours of 7:00 a.m. and 10:00 p.m. Between 10:00 p.m. and 7:00 a.m. the use shall not exceed a decibel level of 55 decibels as measured at or within the real property boundary of the receiving land use. The sound level in decibels shall be measured using the A-weighted network as specified by the American National Standards Institute's most recent standard for sound level meters. Noise from livestock or farm equipment used in normal, generally accepted farming procedures is exempt from this noise standard in accordance with the Right to Farm Act § 2-23-5 of R.I.G.L. Moreover, noise from temporary construction activities is also exempt from this requirement.
  • (11) Licensing. In addition to the accessory use conditions listed above, some accessory uses may be required to obtain a license from the Town Council per the Glocester Code of Ordinances for uses such as entertainment, hawkers/peddlers or victualing. The license may include but not be limited to, hours of operation, patron limits, event frequency, and any special conditions that address unique characteristics of the use on a particular site to avoid impacts to adjacent property owners.

  Editor's Note: See R.I.G.L. § 2-233-1.

• F. Enforcement. Violations of this section shall be in accordance with § 350-7D of this chapter.
• G. Severability. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this section shall not affect the validity of the remainder of the Town's Zoning Ordinance.

[Added 11-21-2024, effective 11-21-2024]

• A. Adaptive reuse.
  • (1) Eligibility.
    • (a) At least 50% of the existing gross floor shall be developed into residential units.
    • (b) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
  • (2) Density. The density proposed for any adaptive reuse project shall meet all public health and safety standards.
    • (a) For projects that meet the following criteria, the residential density shall be 15 dwelling units per acre:
      • [1] 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 fire code, and utility requirements.
      • [2] The development includes at least 20% low- and moderate-income housing.
      • [3] The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
    • (b) For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.
  • (3) Dimensional requirements.
    • (a) Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
    • (b) No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
    • (c) Notwithstanding other provisions of this chapter, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.
      • [1] Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
  • (4) Parking requirements.
    • (a) Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
    • (b) The parking requirements and design standards in Article VI. Section 350-35 shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for all uses other than residential that are part of the adaptive reuse project.
  • (5) Allowed uses within an adaptive reuse project.
    • (a) Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
    • (b) Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Chapter 350 Attachment 1 for the zoning district in which the structure is located.
  • (6) Development and design standards. Site design shall be in accordance with the Article VI. Section 6.01 of the Glocester Subdivision Regulations.
  • (7) Procedural requirements.
    • (a) Adaptive reuse projects shall be subject to the procedural requirements of the Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.
    • (b) In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
      • [1] The proposed residential density and the square footage of nonresidential uses. Residential density under the provisions of Subsection A(2)(b) of this section shall require the submission of a detailed floor plan as described in Subsection A(7)(b)[2] of this chapter to the Planning Department as part of the application.
      • [2] A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each room and each unit.

Legal nonconforming status applies to any use, activity, structure, building, dwelling units, sign or other improvements, or land area which was in lawful use at the time of passage of this chapter, but which is not in conformity with the provisions of this chapter.

Any legal nonconforming use shall be permitted to continue until such time as such use is discontinued, destroyed, demolished or changed to another use.

If a legal nonconforming use is discontinued or abandoned for a period of 12 months, it shall not be allowed to be resumed, and any future use of such building or land must conform to the provisions of this chapter.

If a legal nonconforming use is destroyed by accident or by an act of God, such structure may be restored, provided the total floor space, cubic content and location on lot are not altered or increased, and provided that reconstruction of damaged buildings shall commence within eight months of the date of damage and to be completed within two years from that date. If such a structure is demolished at the direction of the owner, it may not be reestablished, and any future use of the site or lot must conform to the provisions of this chapter. Nothing shall prevent the performance of normal maintenance work, or work necessary to comply with safety codes, on a legal nonconforming use.

• A. A legal nonconforming use may be changed to a use which conforms to the requirements of the zoning district in which it is located.
• B. A nonconforming use of land or of a structure shall not be changed to another nonconforming use that is substantially different in nature and purpose unless the Zoning Board of Review makes the finding that the proposed use will have a lesser undesirable impact upon the surrounding area than the preceding nonconforming use and grants a variance in accordance with the statutory standard and procedure.

[Amended 12-15-2011, effective 12-15-2011]

• A. The area of a legal nonconforming land use shall not be enlarged by acquisition.
• B. Expansion of a legal nonconforming use is allowed for up to 50% expansion of the area dedicated to a legal nonconforming use in either the primary or secondary structure(s).

Any use which is nonconforming in dimension but conforms in use shall be exempt from the provisions of §§ 350-61 and 350-62 of this article, provided the dimensional use nonconforming is not increased in any way.

[Amended 2-15-2024, effective 2-15-2024; 11-21-2024, effective 11-21-2024]

• A. No lot area shall be so reduced that yards, total area or lot frontage shall be less than prescribed for the district in which the lot is located. No required yard or other area of one lot shall be considered as providing the minimum area or frontage required for any other lot without a replatting of both lots in such a way that both lots so replatted conform to the dimensional regulations of the district involved and approved by the Inspector prior to recording. Such lots must be in separate ownership and not be contiguous with other lots in the same ownership unless otherwise provided herein.
• B. For any structure proposed under this section on a substandard lot of record, the following dimensional regulations shall apply:
  • (1) Minimum building setbacks, lot frontage, and lot width requirements for a lot which is nonconforming in area shall be reduced by applying the building setbacks, lot frontage, and lot width requirements from another zoning district in which the subject lot would be conforming as to lot area.
  • (2) If the subject lot is not conforming as to lot area in any zoning district, the setback, frontage, and width requirements shall be reduced by the same proportion that the area of such substandard lot meets the minimum lot area of the district in which the lot is located. For example, if the lot area is 40% of the required minimum, then the setback, frontage, and width requirements shall be reduced to 40% of the standard requirements for that zoning district.
  • (3) Maximum lot building coverage for lots that are nonconforming in area shall be increased by the inverse proportion that the area of such substandard lot meets the minimum area requirements in the district in which the lot is located. For example, if the lot area of a substandard lot only meets 40% of the required minimum lot area, the maximum building coverage is allowed to increase by 60% over the maximum permitted lot building coverage in that district.
• C. Notwithstanding any other provision of this chapter, if two or more contiguous lots of record are under the same ownership as of or after November 9, 1989, and one or more of such lots has an area less than 30,000 square feet, then all such lots that are less than 30,000 square feet shall be deemed merged into adjacent lots under the same ownership and the merged lots shall be considered one lot for the purpose of this chapter. This provision shall not apply to any lots that are located within a B-1 or B-2 Zoning District or to any recorded lots which were approved and accepted by the Planning Board before November 9, 1989, pursuant to Chapter 300, Subdivision of Land. This provision shall not apply when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 feet of the subject lot, as confirmed by the Zoning Official through the submission of a Compilation Survey of the property prepared by a Rhode Island Registered Professional Land Surveyor, by the property owner. This Subsection C shall be deemed to have been adopted and effective on November 9, 1989, in place and instead of the zoning amendment adopted on that day.

[Amended 11-5-2020, effective 11-5-2020]

This chapter is adopted in accordance with Title 45-24.1 of the General Laws of Rhode Island, as amended (1988 amendment), which:

• A. Declares the preservation of structures of historic or architectural value to be a public purpose;
• B. Authorizes historic district zoning and the creation of an historic district commission for that purpose in each city and town;
• C. Provides for definitions of terms used in historical area zoning; and
• D. Establishes a uniform procedure regarding historical area zoning.

The regulations in this chapter have been adopted to preserve districts and specific buildings of the Town of Glocester which reflect elements of its cultural, social, economic, political and architectural history. This chapter is designed to stabilize and improve property values in such historic districts, to preserve structures, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and specific buildings for the education, pleasure and welfare of the residents of the Town of Glocester.

The following terms shall have the following respective meanings:

ALTERATION — An act that changes one or more of the exterior architectural features or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance.

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

CERTIFICATE OF APPROPRIATENESS — A certificate issued by the Glocester Historic District Commission indicating approval of plans for alteration, construction, repair, removal, or demolition of any structure or appurtenances of a structure within an historic district.

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

DEMOLITION — An act or process that destroys a structure or its appurtenances in part or in whole.

HISTORIC DISTRICT — A specific division of a city or town as designated by ordinance of the Town of Glocester pursuant to this chapter. An historic district may include one or more structures.

REMOVAL — A relocation of a structure on its site or to another site.

REPAIR — A change meant to remedy damage or deterioration of a structure or its appurtenances.

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

• A. For purposes of this chapter, the boundaries of historic districts are established as shown on a map entitled "Historic District Designation Map," which designation map is filed in the office of the Glocester Town Clerk. Such designation map is hereby incorporated as a part of this chapter.
• B. It is the intent of this article that historic property owned by the Town of Glocester within the boundaries of designated historic districts as shown on the Historic District Designation Map shall not be exempt from the provisions of this chapter.

• A. Establishment. There is hereby established an Historic District Commission to carry out the purpose of this article.
• B. Membership and appointment.
  • (1) The Commission shall consist of seven qualified members, electors of the Town of Glocester, to be appointed by the Town Council. Members shall be appointed for three-year terms, except that the initial appointments of some of the members shall be for less than three years to the end that the initial appointments shall not reoccur at the same time. Members shall be eligible for reappointment.
  • (2) At least four members of the Commission shall have a demonstrated knowledge or interest in historic preservation (such as, but not limited to, architect, owner of an historic home, or builder versed in historic restoration).
  • (3) The Town Council shall have the right to name an auxiliary member to the Commission in addition to the regular members, which auxiliary member shall sit as an active member, upon the request of the Chairman of the Commission when and if a regular member of the Commission is unable to serve at any meeting of the Commission.
  • (4) In the event of a vacancy on the Commission, the Town Council shall make an interim appointment, for the remainder of the unexpired term. Vacancies on the Commission shall be filled within 60 days.
• C. Organization of the Commission.
  • (1) The Commission shall organize annually and, by election, shall select from its membership a Chairman, Vice Chairman, and a Secretary.
  • (2) The Commission shall:
    • (a) Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article. Such rules and regulations and any additions and amendments thereto shall be submitted to the Council for its approval and shall, thereon, become part of this chapter; and
    • (b) Adopt and publish standards and guidelines (which shall use as a guide the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended), within six months following the adoption of this article to inform Historic District residents, property owners, and the general public of those criteria by which the Commission shall determine whether to issue a certificate of appropriateness. The Commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments.
  • (3) Conduct of business.
    • (a) The Chairman shall preside over all Commission meetings and shall have the right to vote.
    • (b) The Vice-Chairman shall, in the case of absence or disability of the Chairman, perform the duties of the Chairman.
    • (c) All meetings of the Historic District Commission shall be open to the public and any person, organization or duly authorized representative shall be entitled to appear and be heard on any matter before the Historic District Commission reaches its decision. All meetings shall be posted in accordance with the open meetings laws of the State of Rhode Island.
    • (d) The Secretary shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions, and such record shall be on file for public view at the office of the Glocester Town Clerk.
    • (e) Five members shall constitute a quorum and the concurring vote of a majority, but not less than four of the members present shall be necessary for either approval or rejection of any plans before the Commission for review and for establishing or amending Commission rules, regulations and standards of review.

• A. Reviewable actions. The Historic District Commission shall review all plans for new construction on any existing lot or lots, including window replacements, paint color changes and any construction, alteration, removal or demolition of a structure affecting the exterior appearance of any structure, including appurtenances within the Historic District. The Historic District Commission shall have the authority to review and approve such plans before a building or demolition permit is issued.
• B. General procedures.
  • (1) Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a contributing structure or its appurtenances within any designated Historic District, the owner must apply for and receive a certificate of appropriateness from the Commission approving such construction, alteration, repair, removal or demolition.
  • (2) A certificate of appropriateness is necessary for all new construction on any existing lot or lots, including window replacements, paint color changes and any construction, alteration, removal or demolition of a structure affecting the exterior appearance of any structure, including appurtenances within the Historic District. A certificate of appropriateness is required before the issuance of a building permit.
  • (3) In applying for a certificate of appropriateness, a property owner must comply with the application procedures as established by the Commission pursuant to Chapter 45-24.1 of the General Laws, as amended, and the provisions of this chapter.
• C. Application for certificate of appropriateness.
  • (1) Applications for certificate of appropriateness shall be filed with the Commission at the office of the Building Official, who shall determine if such application is complete and who shall forward complete applications, together with all maps, plans, and other data, to the Commission. Incomplete applications shall be returned to the applicant within seven working days of receipt by the Building Official.
  • (2) The Commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition, including but not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the Commission and set forth in the Commission's rules and regulations adopted pursuant to this article.
  • (3) In reviewing the applications and plans, the Commission shall give consideration to:
    • (a) The historic and architectural significance of the contributing structure and its appurtenances;
    • (b) The way in which the structure and its appurtenances, as existing or planned, contribute to the historical and architectural significance of the district;
    • (c) The appropriateness of the general design, arrangement, texture, material and siting proposed in the plans; and
    • (d) The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.
  • (4) All decisions and recommendations of the Commission shall be in writing. The Commission shall articulate and explain the reasons and bases of each decision and recommendation on a record, and in the case of a decision not to issue a certificate of appropriateness, the Commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the Commission has determined to be historically or architecturally significant. The Commission shall send a copy of the decision to the applicant.
  • (5) Any certificate of appropriateness granted by the HDC shall expire one year after the date of approval, unless the applicant shall have obtained a building permit and proceeded with the approved construction. An applicant's failure to proceed with approved construction with the one-year timeframe shall cause the certificate of appropriateness to become null and void.
  • (6) An application for a certificate of appropriateness which has been denied by the HDC shall not be heard again for a period of one year from the date the application was denied, unless a majority of the HDC present at a meeting agrees to waive this requirement.
• D. Demolition of structures.
  • (1) In addition to complete demolition of a structure, the following actions shall require a demolition permit and review by the Historic District Commission:
    • (a) Removal of a roof including raising the overall height of a roof, rebuilding the roof to a different pitch, or addition another story to a building;
    • (b) Removal of one side of a building;
    • (c) Gutting of a building's interior to the point where the exterior features are impacted; and
    • (d) Removal of more than 25% of a structure.
  • (2) In order to preserve the historic fabric of the Town, demolition of historic properties shall be discouraged. When reviewing an application for a certificate of appropriateness to demolish an historic structure or appurtenance, the Commission shall consider the following criteria, in addition to the provisions of the adopted Standards of Review:
    • (a) The listing of a structure on the National Register of Historic Places; and
    • (b) The eligibility of the structure for listing on the National Register of Historic Places.
  • (3) When considering an application to demolish a significant historic building, the Commission shall assist the owner in identifying and evaluating alternatives to demolition, including an economically feasible plan for the preservation of the structure or sale of the structure on its present site.
  • (4) In addition to any other criteria, the Commission also shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure, and whether the owner has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
  • (5) The Commission shall issue a certificate of appropriateness for the demolition of a contributing structure only if at least one of the following primary findings exists:
    • (a) If the structure is deemed valuable to the Town, state or nation, such that its loss will be a great loss to the Town, state or nation, then in order for the GHDC to approve demolition, the structure must constitute a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including sale of the structure to any purchaser willing to preserve the structure.
    • (b) If the structure is deemed valuable for the period of architecture which it represents, or to the district as a whole, then at least one of the following requirements must be met:
      • [1] Retention of such structure constitutes a hazard to public safety which hazard cannot be eliminated by the economic means available to the owner, including sale of the structure on its present site to any purchaser willing to preserve such structure; or
      • [2] Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community; or
      • [3] Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
      • [4] Preservation of such structure would not be in the general interest of the community.
    • (c) If the primary criteria have been met, then any or all of the following secondary criteria may be considered in deciding whether to approve or deny the application:
      • [1] The merit of the structure to be demolished.
      • [2] The effect of the demolition on the surrounding buildings.
      • [3] The effect of the demolition on the historic district as a whole.
      • [4] The value or usefulness of the proposed replacement structure to the community and the appropriateness of its design to the historic district.
      • [5] If the lot is to be left open, the impact of open space in that location and on the district as a whole.
      • [6] The effect of the demolition on the local economy.
      • [7] Whether the demolition will foster civic beauty.
      • [8] Whether the demolition will stabilize and improve property values in the district.
      • [9] The effect of the demolition on safeguarding the heritage of the Town, state or nation.
      • [10] The effect of the demolition on promotion of the district for the education, pleasure and welfare of the citizens of the Town.
    • (d) If a structure is deemed noncontributing, the GHDC may consider any or all of the secondary criteria above in deciding whether to issue a certificate of appropriateness for demolition.
  • (6) A certificate of appropriateness must be obtained prior to the issuance of a demolition permit.
  • (7) Emergency demolition. The Commission shall approve an application for demolition when, in the opinion of the Building Official or Fire Chief, the building constitutes an imminent hazard to public safety.

The failure of the Commission to act within 45 days from the date of a completed application filed with it shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the Commission. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information can be obtained within the aforesaid period of 45 days, then and in said event the Commission shall have a period of up to 90 days within which to act upon such application.

In order to assist the Town of Glocester, its agencies, boards, commissions, staff and Council on matters of historic preservation, the Commission may provide its expertise and advice as appropriate.

Nothing in this article shall be construed to prevent painting, routine maintenance or repair of any structure within the Historic District, provided that such maintenance or repair does not result in any change of design, type of material, color, or appearance of the structure or appurtenances; nor shall anything in this article be construed to prevent the construction, alteration, repair, moving or demolition of any structure under permit issued by the Building Official prior to the passage of this article.

Where there is a violation of any of the provisions of this article or of any action taken thereunder, the Building Official, through the Town Solicitor, shall institute an appropriate action to prevent, enjoin, abate, or remove such violation.

Any person aggrieved by a decision of the Historic District Commission shall have the right to appeal such decision to the Zoning Board of Review. When hearing appeals from Commission decisions, the Zoning Board of Review shall not substitute its own judgment for that of the Commission, but must consider the issue upon the findings and the record of the Commission. The Zoning Board of Review shall not reverse a Commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record. The Zoning Board of Review shall put all decisions on appeal in writing. The Zoning Board of Review shall articulate and explain the reasons and bases of each decision on the record, and the Zoning Board of Review shall send a copy of the decision to the applicant and to the Historic District Commission. Any person aggrieved by a decision of the Zoning Board of Review on a matter appealed under this article may apply to the Superior Court of Rhode Island.

The Building Official, through the Town Solicitor, may bring an action against any property owner who fails to comply with the requirements of this article. Such actions shall be brought in the Superior Court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this article.

Amendment or additions to the article or to the Historical District shall be by the same process and procedure as amendments to this chapter.

• A. The Town of Glocester has many residents who own large tracts of land (in excess of the minimum zoning requirement) and wish to subdivide that land for use as single-family residences. Under the conventional zoning requirements, this would be allowed only if the land has sufficient acreage and frontage along a suitably improved Town or state road.
• B. In addition, there are many tree-lined roads that are enjoyed by residents and visitors alike. When development occurs along these roads, all too often the visual buffer of trees and shrubs is removed to make way for the development of roads and housing.
• C. The rural residential compound model addresses these issues. It allows greater design flexibility for landowners with large tracts of land and creates more opportunities for preservation of open space than the conventional zoning regulations by allowing a reduction of frontage and access to lots along a private way. It promotes development in harmony with Glocester's rural character by reducing density and requiring a visual buffer between home sites and the existing Town or state roads Because the development occurs along a private way, the Town benefits from the reduced road maintenance costs while allowing reasonable development to occur.
• D. Waivers in the rural residential compound are prepackaged to accomplish these objectives of allowing development of large lots, protection of open space and maintaining low-density development throughout the Town.

This article is designed to provide qualified subdividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Planning Board (the Board) determines that such alternative procedures will promote development of the parcel in the best interests of the Town, considering the design standards specified in § 350-83 below. The approval of a rural residential compound is entirely within the informed discretion of the Board. Denial by the Board of a request for a rural residential compound, or the denial of a rural residential compound, shall not be construed as denial of the right to subdivide the property, and the applicant shall retain all rights to submit a plan under customary procedures set forth in Chapter 300, Subdivision of Land.

Applicants may request that their proposal be considered as a rural residential compound at the preapplication stage. To qualify for consideration as a rural residential compound, the subdivision must satisfy all of the following conditions; however, satisfaction of all of the conditions shall only result in rendering the plan eligible for further consideration as a rural residential compound and shall not be construed as approval.

• A. Lots with existing deeded rights-of-way or easements for access to any property shall not qualify for a rural residential compound.
• B. Lots created after this article is adopted, May 16, 2003, shall not qualify for consideration as a rural residential compound.
• C. No more than one rural residential compound shall be created from a property or a set of contiguous properties in common ownership as of May 16, 2003. The subdivision shall result in no more than four lots and be located entirely in an A-4 and/or A-3 agricultural use district.
• D. The original lot shall be at least 20 acres in area and have at least 50 feet of frontage.
• E. Each lot so created under these provisions shall have an area of at least 10 acres, of which at least 1.5 acres shall be land suitable for development.

  [Amended 11-15-2007, effective 12-20-2007]

• F. The subdivision shall result in no more than four lots and be located entirely in an A-4 and/or A-3 agricultural use district.
• G. All lots so created under these provisions shall have ingress and egress to the common private way. Lots with existing deeded rights-of-way or easements for access to any property shall not qualify for a rural residential compound.
• H. The common private way shall extend from a suitably improved Town or state road, and shall end in a cul-de-sac, as described in § 350-86 below. The common private way shall not extend from any other type of road, such as private or suitably improved non-Town road.
• I. Rural residential compounds cannot be combined with any other subdivision or development.
• J. The development rights of land in excess of the minimum underlying zoning of each lot (example A-4) shall be deeded in perpetuity to a land conservation organization, such as the Glocester Land Trust. For the purpose of this section, “development rights,” as used herein, shall mean the right to further subdivide or otherwise residentially develop the land beyond the original approval from the Planning Board.
• K. At the discretion of the Planning Board, a provision may be imposed to require a conservation easement for the preservation/protection of significant or important features of the subject property.

In order to be approved as a rural residential compound, the proposed subdivision must be determined by the Planning Board to promote one or more of the following design standards in a manner that is superior to a conventional subdivision of the subject property:

• A. Reduce the number of lots having egress onto existing streets;
• B. Reduce the number of curb cuts on existing Town or state roads;
• C. Be constructed in a manner which will provide a visual buffer between the new home(s) as well as the public street which will minimize the visual impact;
• D. Produce less irregularly shaped or contorted lot configurations; or
• E. Be constructed in a manner that preserves primary and secondary resource areas on the tract or adjacent to the tract, such as visual buffer (topography, trees and shrubs) along streets and between properties, wetlands, watercourses or bodies, open fields, meadows, wildlife habitat, steep slope, or other significant areas.

• A. Preapplication conference. Prior to submittal of a rural residential compound application, it is required that at least one preapplication meeting be conducted with the Planning Board. The preapplication submittal can be a sketch based on existing plat maps, but must accurately depict the site layout primary and secondary resource areas on the tract or adjacent to the tract, such as visual buffer (topography, trees and shrubs) along streets and between properties, wetlands, watercourses or bodies, open fields, meadows, wildlife habitat, steep slope, or other significant areas and other features of the property to be subdivided.
• B. Preliminary plan.
  • (1) Applicants for a rural residential compound shall present a preliminary plan that complies with the requirements of the Chapter 300, Subdivision of Land, for a minor subdivision, and which also accurately depicts the following information:
    • (a) Center-line profile of proposed common private way;
    • (b) Location of any rivers, streams or wetlands;
    • (c) Proposed drainage;
    • (d) Proposed utilities and road construction design;
    • (e) Proposed lot lines and building sites;
    • (f) Scale and area of vegetative screening separating the common private way and rural residential compound lots from adjacent residentially zoned property;
    • (g) Location, width and other evidence of any recorded easements or rights-of-way on or adjacent to the subject property.
  • (2) A registered professional engineer, land surveyor, architect, or landscape architect must prepare the preliminary plan, unless specifically waived by the Planning Board.
• C. Final plan. The final plan shall comply with the requirements of Chapter 300, Subdivision of Land, for a final plan for a minor subdivision and must be prepared by a registered professional engineer and/or land surveyor.
• D. Application fee. A filing fee consistent with the schedule in Chapter 300, Subdivision of Land, § 300-38, will be submitted by the applicant with the application, to cover costs of processing and review. In the event that the Board determines that unusual or exceptional circumstances necessitate expert technical review that exceeds the cost of the filing fee, the applicant shall pay the cost of that expertise.

  Editor's Note: See Ch. 368, Fees.

To be approved as a rural residential compound, the plan shall contain or refer to recorded covenants and notices regarding each of the following:

• A. Protection of open space, maintenance of a visual buffer of at least 20 feet along property lines restricting tree cutting, land clearing, and land grading. At the discretion of the Planning Board, deed restrictions may be imposed to preserve open fields, or forest areas within the rural residential compound.
• B. Development rights for any additional land outside the three- or four-acre minimum lot area for each lot in the rural residential compound shall be given "in perpetuity" by deed to the Glocester Land Trust or other private nonprofit agency engaged in land preservation.
• C. The common private way shall remain permanently (in perpetuity) a private way, and shall not be extended and shall only be used exclusively for access to properties in the rural residential compound.
• D. The common private way shall not be connected to any other way except where it originates on a Town or state road.
• E. The lots shall obtain access from the common private way as created in this article if, and only if, ownership of the lot provides automatic membership in the homeowners' association responsible for all maintenance and snow removal of or from the common private way. The homeowners' association shall retain all rights in the common private way.
• F. The common private way does not meet the standards of the Town for acceptance for new ways laid in accordance with any applicable ordinance and shall never be accepted by the Town as a Town-owned road.
• G. The common private way shall be kept in good repair to ensure access to homes for emergency vehicles, such as police, fire and ambulance.
• H. Owners of lots along the common private way are subject to paying or reimbursing the Town for the cost of any repairs and improvements necessary to ensure the safe passage of emergency vehicles, even though the Town shall not accept the common private way.
• I. The homeowner's association shall indemnify, hold harmless and release the Town from liability for any damages resulting from an action brought by a third party or the association in any court due to the repair, use, or maintenance of the common private way.
• J. At the time of final approval of a rural residential compound, the Planning Board shall approve the form and content of the following legal documents to be recorded contemporaneously with the final plat:

  [Added 11-15-2007, effective 12-20-2007]

  • (1) A covenant by the owner of the parcel, binding on his successors and assigns, that the Town of Glocester shall not be asked or required to accept or maintain the private streets within the parcel that do not meet the engineering and design requirements for Town-accepted streets, for a minimum of 99 years from the date of recording; or, if only a lesser period is legally enforceable, for that period with as many automatic renewals as are necessary to total 99 years.
  • (2) A document or documents establishing the method of ownership, and providing for maintenance of the streets and drainage improvements.

The common private way shall have:

• A. A design that maximizes the sight distances at the intersection with the Town or state road;
• B. A paved bituminous concrete staging area (apron) of a minimum 20 feet in width and at least 40 feet in length as it extends from the Town or state street line, and sloped not more than four-percent grade. Paving shall be installed to provide a minimum compacted cross-section of three inches;
• C. A center-line intersection with the street center line shall not be less than 60°;
• D. A wear surface, on that portion of the common private way extending beyond the staging area, of a minimum of six inches of graded two-inch minus crushed gravel, placed over a properly prepared base that is consistent with Chapter 300, Subdivision of Land, graded and compacted to drain from the crown, and having a grade of not more than 8%. In places where the Planning Board deems it necessary, an applicant may also be required to install bituminous concrete paving;
• E. Proper drainage appurtenances, where required, to prevent flooding, washout and excessive erosion so that water draining onto neighboring properties or the Town or state road surface from the staging area is eliminated to the maximum extent feasible;
• F. The common private way wear surface may be reduced to a width of 16 feet for its entire length after the staging area, provided that a clear travel way (including shoulders) of at least 20 feet is maintained;
• G. A turnaround shall be provided at the end of dead-end streets and culs-de-sac as provided in the Land Development and Subdivision Regulations.

  [Amended 11-15-2007, effective 12-20-2007]

• H. Driveway openings shall be constructed at least 40 feet from the private way intersection with the Town or state road so as to ensure maintenance of a visual buffer between the road and the driveway.
• I. When naming the private way within the rural residential compound, said private way shall only be designated as "way" or "lane" in order to distinguish these from public roads. The sign shall include all the house numbers that can be accessed by the private way.
• J. Each private way so created shall have a sign posted at the intersection of the Town or state road stating that this is a "private way," "no outlet."

[Amended 12-15-2011, effective 12-15-2011; 1-15-2015, effective 2-25-2015; 12-7-2017, effective 12-7-2017]

The purpose of this article is to establish project review standards and procedure for a comprehensive permit proposal to develop low- and moderate-income housing.

This article shall apply to all applications for a comprehensive permit to build low- and moderate-income housing, which have not yet been certified complete in accordance with subdivision regulations by the administrative officer of the Town of Glocester, Rhode Island, as of December 7, 2017.

• A. In accordance with Title 45, Chapter 53, of the Rhode Island General Laws, the Low and Moderate Income Housing Act, the Planning Board shall have the power to issue a comprehensive permit for a qualifying low- and moderate-income housing project, which relief shall include all permits or approvals from any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to the permit or approval conditions and requirements with respect to setbacks, height, site plan, size, shape, building materials, landscaping and parking, consistent with the terms of the Act.
• B. In the event that Title 45, Chapter 53, of Rhode Island General Laws, or other applicable statutes, are hereafter amended or enacted, the provisions of this article shall be construed and amended consistently herewith.

[Amended 11-21-2024, effective 11-21-2024]

As used in this article, the following terms shall have the meanings indicated:

ADJUSTMENT(S) — A request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the Subdivision Regulations. The standard for the local view board's consideration of adjustments is set forth in 350-96A(2) of this chapter and RIGL § 45-53-4(d)(2)(iii)(E)(II).

AFFORDABLE HOUSING PLAN — That component of the Housing Element of the Town Comprehensive Plan designed to meet the housing needs in the Town.

CONSISTENT WITH LOCAL NEEDS —

• A. Reasonable in view of the state need for low-and moderate-income housing, considered with the number of low-income persons in the Town affected and:
  • (1) The need to protect the health and safety of the occupants of the proposed housing or of the residents of the Town;
  • (2) The need to promote better site and building design in relation to the surroundings or to preserve open spaces; and
  • (3) If the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.
• B. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by the Town Council after hearing in a city or town where low- and moderate income housing is in excess of 10% of the year-round housing units reported in the Census.

INFEASIBLE — Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review Planning Board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

LETTER OF ELIGIBILITY — A letter issued by the Rhode Island housing and mortgage finance corporation in accordance with RIGL § 42-55-5.3(a).

LOCAL REVIEW BOARD — The Planning Board.

LOW OR MODERATE INCOME HOUSING — Synonymous with "affordable housing" as defined in R.I. Gen. Laws § 42-128-8.1, and further 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 affordable housing 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.

MEETING LOCAL HOUSING NEEDS — Means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20% of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in R.I. Gen. Laws § 42-128-8.1.

MONITORING AGENTS — Those monitoring agents appointed by the Rhode Island housing resources commission pursuant to RIGL § 5-53-3.2 and to provide the monitoring and oversight set forth in this chapter, including, but not limited to, RIGL § 45-53-3.2 and 45-53-4.

[Amended 11-21-2024, effective 11-21-2024]

• A. Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25% of the housing is low- or moderate-income housing.
• B. Notwithstanding the foregoing, in accordance with RIGL § 45-53-4(d)(10), the Town Council, on the premise that the Town has an approved affordable housing plan and is meeting local housing needs as defined in this article, limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the Town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in this section, the Planning Board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

[Amended 11-21-2024, effective 11-21-2024]

The application and review process for a comprehensive permit shall be as follows:

• A. Pre-application conference. A pre-application conference may be required by the administrative officer or Planning Board or requested by the applicant. The preapplication conference may be with the Planning Board, technical review committee, or administrative officer as determined appropriate by the administrative officer.
  • (1) In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.
  • (2) Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within 30 days of the request, unless a different timeframe is agreed to by the applicant in writing.
  • (3) If 30 days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.
• B. Preliminary plan.
  • (1) Submission requirements. Applications for preliminary plan under this section shall include:
    • (a) A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
    • (b) A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and
    • (c) A proposed timetable for the commencement of construction and completion of the project; and
    • (d) Those items included in the checklist for preliminary plan review with the exception of evidence of state or federal permits.
    • (e) Notwithstanding the submission requirements set forth above, the Planning Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.
  • (2) Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer according to the provisions of the Subdivision Regulations provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein 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 correct 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 10 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.
  • (3) Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.
  • (4) Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a master plan. The cost of notice shall be paid by the applicant.
  • (5) Timeframe for review. The Planning Board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.
  • (6) Failure to act. Failure of the Planning Board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed in the Subdivision Regulations the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.
  • (7) Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the Planning Board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.
• C. Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the Planning Board's discretion, it may vote to require the applicant to return for final plan review and approval.
  • (1) The following items shall be submitted as part of the final plan submission:
    • (a) All required state and federal permits must be obtained prior to the final plan approval.
    • (b) A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to RIGL § 5-53-3.2.
    • (c) A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years.
    • (d) Those items included in the checklist for final plan review.
    • (e) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.
    • (f) Certification by the tax collector that all property taxes are current.
    • (g) For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
  • (2) Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of RIGL § 45-23-36; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein 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 10 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.
  • (3) Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.
  • (4) Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.
  • (5) Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final 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 applicant.
  • (6) Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.

[Amended 11-21-2024, effective 11-21-2024]

In order to offset the differential cost of the low- or moderate-income housing units in the section, the following municipal subsides shall be provided:

• A. Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the Subdivision Regulations. The standard for the Planning Board's consideration of adjustments is set forth in § 350-96A(2) of this Chapter and RIGL § 45-53-4(d)(2)(iii)(E)(II).
• B. Density bonus. The Town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights of way of record.
  • (1) For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:
    • (a) For projects providing at least 25% low- and moderate-income housing the density bonus shall be five units per acre.
    • (b) For projects providing at least 50% low- and moderate-income housing the density bonus shall be nine units per acre.
    • (c) For projects providing at least 100% low- and moderate-income housing the density bonus shall be 12 units per acre.
  • (2) For 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 system to service the dwelling units from the applicable state agency the following density bonuses are provided:
    • (a) For projects providing at least 25% low- and moderate-income housing the density bonus shall be three units per acre.
    • (b) For projects providing at least 50% low- and moderate-income housing the density bonus shall be five units per acre.
    • (c) For projects providing at least 100% low- and moderate-income housing the density bonus shall be eight units per acre.
• C. Parking. For comprehensive permit applications one off-street parking space per dwelling unit is required for units up to and including two bedrooms.
• D. Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three bedrooms for single family dwelling units.
• E. Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by "5-24.3-11.

Editor's Note: Former § 350-94, Incentives, was repealed 12-7-2023, effective 12-7-2023.

Upon receipt of a completed application, the Planning Board shall:

• A. Notify each local board, as applicable, including but not limited to the Zoning Board, the Town Council, and the Conservation Commission, of the filing of the application along with a copy of the completed application. A consulting engineer may be engaged at the applicant's expense to assist in the review of application materials related to stormwater, erosion and sediment control, proposed new infrastructure, and any other area the Planning Board deems appropriate.
• B. All other notice and hearing requirements shall be as set forth in the Town of Glocester Subdivision Regulations, Article V, Major Subdivisions.

[Amended 11-21-2024, effective 11-21-2024]

• A. Required findings for approval. In approving an application for a comprehensive permit, the Planning Board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
  • (1) The proposed development is consistent with local needs as identified in the local comprehensive community plan with particular emphasis on the community's affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
  • (2) The proposed development is in compliance with the standards and provisions of the municipality's zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
  • (3) All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with, the construction and occupancy of any market-rate units.
  • (4) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
  • (5) There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.
  • (6) All proposed land developments and all subdivision lots will have adequate and permanent physical access to a public street, in accordance with the requirements of the Subdivision Regulations. Lot frontage on a public street without physical access shall not be considered in compliance with this requirement.
  • (7) The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
• B. Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:
  • (1) The Town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;
  • (2) The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance with the comprehensive plan.
  • (3) The proposal is not in conformance with the Comprehensive Plan.
  • (4) The Town has met or has plans to meet the goal of 10% of the year-round units being low- and moderate-income housing units, provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or
  • (5) Concerns for the environment and the health and safety of current residents have not been adequately addressed.
• C. Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in R.I. Gen. Laws 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

All decisions on comprehensive permits shall be by majority vote of the membership of the local review board and may be appealed by the applicant to the State Housing Appeals Board. Any person aggrieved by the issuance of an approval may appeal to the Rhode Island Superior Court.

[Added 11-15-2007, effective 12-20-2007]

• A. The purposes of this article, entitled "Conservation Developments," are:
  • (1) To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, wetlands, reservoirs and their drainage areas, and agricultural lands, by setting them aside from development;
  • (2) To preserve historical, cultural, agricultural and archaeological resources;
  • (3) To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of streets, utility runs, and the amount of paving required for residential development;
  • (4) To provide for a diversity of lot sizes and layouts;
  • (5) To provide for a diversity of housing choices to accommodate a variety of age and income groups and residential preferences, so that the population diversity of the community may be maintained;
  • (6) To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan;
  • (7) To provide reasonable incentives for the creation of a greenbelt/trails system within the Town;
  • (8) To implement adopted land use, environmental and open space policies as set forth in the Comprehensive Plan;
  • (9) To protect areas of the Town with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
  • (10) To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
  • (11) To provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;
  • (12) To conserve and create scenic views and preserve the rural character of the Town; and
  • (13) To provide a buffer between new development and existing neighborhoods, delicate natural features and habitats.

• A. The Planning Board may require a proposed land development project or subdivision to be developed in the form of a conservation development only in the following zoning districts: A-4 Agricultural-Residential; A-3 Agricultural-Residential and R-2 Residential.
• B. In accordance with the standards set forth in this article, the Planning Board shall have the authority to determine whether a major or minor subdivision or land development project, whether a subdivision or not, shall be developed as a conservation development or a conventional subdivision, as further provided in Subsections C, D, E and F, below.
• C. If an applicant requests approval of a major or minor conventional subdivision, the Planning Board shall first require the applicant to submit a plan(s) of a conservation development for the property proposed for development, following the requirements and procedures for conservation developments provided in this section. As a comparison, the applicant shall also submit plan(s) for the conventional type of development requested. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may permit the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
• D. If an applicant requests approval of a major or minor conservation development, and the Planning Board determines that a conventional subdivision may be preferable, the Board may require the applicant to submit a plan(s) of both a conservation development and a conventional development. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may require the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
• E. Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development (e.g., open space lots) shall not be required to be developed as a conservation development.
• F. The Planning Board may not require an application for a rural residential compound to be submitted as a conservation development or conventional subdivision. Applications for approval of a rural residential compound shall be at the discretion of the applicant, subject to the provisions of Article X of this chapter, and in accordance with the procedures and standards set forth in the Land Development and Subdivision Regulations for minor land development projects.

• A. Permitted residential uses in a conservation development are the following:
  • (1) Single-family dwelling.
  • (2) Two-family dwellings or duplexes are permitted.

    [Amended 12-7-2023, effective 12-7-2023]

  • (3) Accessory family dwelling units are permitted by the granting of a special use permit by the Zoning Board of Review.

    [Amended 12-7-2023, effective 12-7-2023]

• B. Open space uses. The open space in a conservation development shall be devoted only to conservation purposes; for park and recreation uses; or for the preservation and management of agricultural, habitat or forestry resources. The following provisions shall apply:
  • (1) In the A-4 Agricultural-Residential and A-3 Agricultural-Residential Zoning Districts only, the following uses shall be permitted within the open space areas:
    • (a) Any use listed in Article II, § 350-11, Table of Use Regulations, in Section 1, Agricultural Uses. Uses marked with a "YES" are permitted by right; uses marked with an "S.P." are permitted by special use permit.
  • (2) In all zoning districts where conservation developments are permitted, including A-4, A-3 and R-2, the uses listed below shall be permitted within the open space areas.
    • (a) Reservations for the production or protection of wildlife, including conservation lands, wildlife preserves, forest management activities and woodlots.
    • (b) Passive recreation, hiking trails and walking trails.
• C. In all zoning districts where conservation developments are permitted, the following uses may also be allowed in open space areas subject to the approval of the Planning Board in accordance with the applicable provisions of the Land Development and Subdivision Regulations:
  • (1) Stormwater drainage areas.
  • (2) Placement of privately owned and maintained wells for individual uses within the conservation development.
  • (3) Placement of privately owned and maintained community wells for uses within the conservation development.
  • (4) Placement of privately owned and maintained individual or common sewage disposal systems for uses within the conservation development.
• D. Buildings, structures, parking areas or other impervious improvements which are accessory to and subordinate to a permitted open space use may be located on any open space lot, provided that, in all cases, they occupy no more than 2% of the total open space area of the conservation development for any permitted open space uses.
• E. The required amount of open space in a conservation development shall be as provided in § 350-105 of this article, below.

The maximum number of dwelling units permitted in a conservation development shall not exceed the number of single-family lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a conventional yield plan as defined in § 350-5 herein, and as further described in § 300-35H (Basic maximum number of dwelling units) of the Land Development and Subdivision Regulations.

• A. The dimensional regulations provided in Table 1 below shall apply to all lots in a conservation development proposed as building lots for single or two-family dwellings.

  Table 1
  Dimensional Requirements in a Conservation Development
  Use	Minimum Lot Area* 1 (square feet)	Minimum Lot Frontage and Width (feet)	Minimum Front Yard Depth (feet)	Minimum Rear Yard Depth (feet)	Minimum Side Yard (each side) (feet)	Maximum Lot Coverage	Maximum Building Height (feet)
  Single-family dwelling	43,560	150	25	30	25	8%	35
  Two-family dwelling	60,000	175	40	60	40	8%	35

  *NOTE: See § 350-104 .

• B. The Planning Board may allow a building lot for a single-family dwelling to be a minimum of 43,560 square feet in a conservation development only. In such cases, the building lot must be directly abutting open space area(s) which shall be suitable for the placement of a future ISDS and/or a drinking water well if needed to serve the dwelling on the lot. In making this determination, the Board shall consider the physical characteristics of the open space with regard to its suitability for future ISDS/wells, including but not limited to soil characteristics, topography, presence of land unsuitable for development, vegetation, or other natural or man-made features. If the Board finds that the abutting common open space area is not suitable for these purposes, the lot area for the single-family dwelling shall be not less than 1.5 acres (65,340 square feet).

• A. Every conservation development shall provide protected open space in accordance with the following requirements and standards:
  • (1) The open space shall be established as a lot or lots separate and distinct from the lots intended for residential and accessory uses, and from land dedicated as street rights-of-way.
  • (2) The minimum amount of required open space area shall be based on a percentage of the land suitable for development in the entire conservation development as provided in the table below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in § 350-58 of this chapter.

    	Zoning District	Minimum Percentage of Land Suitable for Development to be Dedicated as Open Space
    	A-4	70%
    	A-3	60%
    	R-2	50%

  • (3) Open space provided by a conservation development for public or common use, shall either be conveyed to and accepted by the Town for park, open space, agricultural, or other permitted use or uses; or be conveyed to and accepted by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or be conveyed to and accepted by 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; or remain in private (noncommon) ownership if the use is limited to agriculture, habitat or forestry. In accordance with the Comprehensive Plan and this Zoning Ordinance, it is determined that private ownership may be necessary for the preservation and management of the agriculture, habitat or forest resources. In such cases, the Planning Board, as part of its review of a conservation development, shall make positive findings as part of the record, setting forth the basis for such ownership.
  • (4) The Planning Board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the Comprehensive Plan.
  • (5) In any case where the land is not conveyed to the Town, a restriction, in perpetuity, enforceable by the Town and by any owner of property in the land development project in which the land is located shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed.
  • (6) All open space land provided by a conservation development or other land development project shall be subject to a community-approved management plan that will specify the permitted uses for the open space.
  • (7) All open space, regardless of whether it is conveyed to the Town, shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions, and by the grant of a conservation or preservation restriction pursuant to Title 34, Chapter 39, of the Rhode Island General Laws, as amended, to at least three separate entities, one of which entities shall be the Town, one of which shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection, and one of which shall be an association of owners of lots or units within the development. If no such owners' association is created, then at least two entities shall be nonprofit conservation organizations.
  • (8) The perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions and by the grant of a conservation or preservation restriction to the Town, pursuant to Title 34, Chapter 39, of the Rhode Island General Laws, as amended. The Planning Board or administrative officer shall approve the form and content of all deed restrictions at the time of final approval of the subdivision. Every deed restriction providing a maintenance guarantee shall contain the following provision:

    "If the owners, or their successors or assigns fail to maintain the open space or any improvements thereon, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns."

[Added 3-15-2012, effective 4-11-2012]

• A. The Town of Glocester finds that the revitalization of our village centers will promote the general health and welfare of the Town by working to fulfill the existing economic, housing, and transportation needs of the Town.
• B. Current zoning in Chepachet Village falls within the B-1 Neighborhood Commercial, A-4 Four-Acre Agricultural Zone, and R-2, Two-Acre Residential Zones. These zoning designations have limited uses that in most cases allow a use in one zone, but it is prohibited in the other. This does not provide the village an opportunity for expansion and new businesses, new housing and the greatest flexibility for redevelopment. The Town endeavors to create a new overlay district that encourages compact development which will establish new housing and economic opportunities in Chepachet Village.
• C. As part of this redevelopment, the Town aspires to maintain the traditional development pattern and village character by employing design elements that mimic and complement existing historic architecture, reuse existing buildings and develop unused and underused parcels.

• A. The proposed Village Overlay District is to provide flexibility for housing, new business and business expansion with the need for minimal variances or special use permits. The creation of a Village Overlay District unifies under one district the current zoning in the existing commercial, agricultural and residential districts and will provide for revitalization of the village center. The Village Overlay District amendment is also intended to promote pedestrian travel within the village and the development of vacant land as mixed uses with a pedestrian scale and walkablity that would complement the existing village fabric. Lots within the Village Overlay District shall be developed to be a walkable connection to the existing village.
• B. The Village Overlay District is intended to:
  • (1) Build upon and complement the historic development patterns in the Village of Chepachet to enhance and create attractive walkable neighborhoods;
  • (2) Encourage the adaptive reuse of abandoned, vacant or underutilized properties and structures, where appropriate;
  • (3) Allow for a mix of land uses that are appropriate to the needs of the community and the uses and scale of surrounding properties in the village;
  • (4) Provide incentives to develop larger parcels in a coordinated, planned approach that is in keeping with the village scale and enhances the walkability;
  • (5) Maintain a high level of design quality throughout the district.
  • (6) Encourage the strategic placement of usable green space in the village to augment existing open space and parks and to improve walkability.

All parcels within the Village Overlay District are allowed to utilize the overlay zoning. Existing underlying zoning is still applicable to all existing and future parcels within the district, except as identified as prohibited herein.

See the map attached.

Editor's Note: The Village Overlay District Map is included at the end of this chapter.

The Village Overlay District is broken down into two subdistricts, based on the scale of development and types of uses that are generally promoted in these areas. The first subdistrict, "Center District," is characterized by a dense development pattern that is focused on walkability and is generally identified as the Chepachet Main Street area associated with denser mixed-use development. The second subdistrict, "Village District" area, is outside the Center District and is also designed to be walkable but allows automobile-oriented businesses and businesses which may include a drive through window. The Village District is an area where larger planned developments may occur that enhance the character of the surrounding parcels while providing housing and commercial opportunities.

• A. The Village District.
  • (1) The following uses are allowed as a matter of right within the Village District: professional office; bank, credit union or office; lunchroom/restaurant; tavern or nightclub; theater or concert hall; personal convenience services; veterinary office or animal hospital; pet shop; general retail; package store; antique sales and used furniture; multifamily housing and apartments located above or behind a nonresidential use; bed-and-breakfasts; child day-care centers; indoor/outdoor cafes; outdoor seating associated with restaurants or cafes; art galleries; legal office; medical office and small-scale medical laboratories; and artists' live/work space.
  • (2) (Reserved)

    Editor's Note: Former Subsection A(2), which pertained to uses allowed only by special use permit within the Village District, was repealed 12-7-2023, effective 12-7-2023.

  • (3) The following uses are prohibited in the Village District: nurseries and raising of crops; game rooms and arcades; self-serve laundries; trailer courts; salesrooms for the display of motor vehicles, trailers and machinery; adult book- and/or video store or amusement operation; off-street parking lots as a primary use; outdoor markets; apartment complexes, two-family and multifamily residential, without retail; gasoline service stations, auto repair services and garages; and nursing homes.

    [Amended 12-7-2023, effective 12-7-2023]

  • (4) Nonconforming uses shall be allowed to continue and are in no way being singled out for removal from the village. The Town intends to allow these uses to remain and expand as necessary to keep up with demand. This article is intended to encourage businesses that are in keeping with the goal of creating mixed-use, small-scale pedestrian-oriented development in the village.
• B. Center District.
  • (1) Due to small lot sizes, encouraging mixed uses, improving walkability and helping preserve the compact development pattern of this area, the Center District also prohibits: drive-through windows; gasoline service stations; auto repair services and garages; one-story buildings; single-family residential (but allowed in A-4); and retail establishments over 10,000 square feet in floor area.

• A. Frontage and area required. Frontage may be reduced to 50 feet in order to encourage mixed uses. Lot size may be reduced to an area of one acre for mixed uses and commercial in situations where both water and septic disposals can be accommodated on site or off site nearby.
• B. Setbacks. The front setback may be reduced to zero to match the setback of neighboring buildings only for mixed-use buildings where neighboring existing buildings have a similar setback.

The district strives to create a 50/50 mix of commercial and residential within the district and each structure. It is a goal to have a mix of uses within each building in the village.

Applications submitted under this article may be subject to development plan review as outlined in this chapter, § 350-57, in the Glocester Code.

• A. Drive-up and drive-through windows shall be limited to banks and pharmacies as an allowed use. Food and drink establishments are not allowed.

  [Amended 12-7-2023, effective 12-7-2023]

• B. Drive-through windows shall be placed in the rear of the building. In places where they cannot be in the rear of the building, placement can be on the side of the building. Vehicle stacking shall not be in the front of the building and is desired to be to the rear of the building. The stacking driveway is encouraged to wrap around the building, utilizing on-site driveway(s).

• A. Service roads. The creation of shared service roads and entrances is encouraged in order to reduce on-street traffic.
• B. Service areas. All service areas shall be designed, relocated or redesigned to consider negative impact on surrounding properties. Pickup and delivery times, dumpster emptying times, and other services which can generate noise and other nuisances shall be coordinated to avoid negative neighbor impacts.

• A. Any uses not specifically identified in the Village Overlay Zoning District which are allowed in 350 Attachment 1, Table of Use Regulations, are allowed.
• B. Structures and other developments that are larger than 10,000 square feet of floor area are not allowed.

  [Amended 12-7-2023, effective 12-7-2023]

• A. Special considerations shall be implemented for building design that is in keeping with and enhances the historic look and feel of the village. Design standards shall be considered in terms of scale, massing, roof shape, spacing and exterior building materials. The design standards shall promote quality buildings and renovations that are similar to and compatible with the traditional historic architecture of the Village of Chepachet. These design standards will ensure development that is consistent with the Town's sense of history and promote a human scale and pedestrian-oriented village character.
• B. A mix of uses which complement each other and the character of the village are encouraged in the Village Zone. By placing emphasis on compatibility with neighboring architecture and current uses, a balance can be maintained that is sustainable and economically viable for the village. Additionally, the strategic installation of outdoor seating and small park areas, which may include benches, green spaces and connecting pathways, are encouraged to help facilitate pedestrian access to and from businesses and residential properties.
• C. The size and scale of buildings shall resemble surrounding buildings, businesses, houses or barns. The look of shopping centers and big box retail centers shall be avoided. Appropriate architectural details that add visual interest at the street level are required to reduce building scale. Blank and flat walls shall be addressed to either be screened or dressed up with windows, covered walkways, columns, or raised surfaces to break up the wall and add visual interest.
• D. Buildings shall be placed in a manner that is complementary to the existing development pattern and architecture of the village. Massing, height and setbacks from the street and other buildings should be consistent or complementary with surrounding buildings.
• E. New construction or substantial reconstruction should consider alterations that incorporate traditional pitched roof forms, gables and other attributes that contribute to the historic character of the village. The use of flat roofs, concrete block and large panels of glass as part of the facade or street-facing portions of the building is discouraged and represents architectural design not in keeping with the village.
• F. All service areas, inclusive of mechanical, loading utilities and equipment storage shall be as unobtrusive or sufficiently screened so that they may not be seen from the street, public common areas and neighboring residential uses. These areas shall also be designed and/or incorporate techniques to buffer noise to adjacent uses.

Approval of outdoor displays of products for sale by the merchant can be obtained by application to the Building Official. Granting of outdoor displays shall be made based on demonstrating appropriate space, without obstructing pedestrian or automobile traffic. Displays are temporary and are allowed only when the business is open. Displays can only be placed within the subject property boundaries. (See the zoning amendment that is incorporated into the Code under Chapter 350, Article VII, Special Regulations.)