Wickford Village Design Guidelines Overlay District
(a) Purpose and intent. The purpose of this zoning overlay district is to encourage creative solutions that will preserve the unique and historic qualities of Wickford's village center, while helping businesses meet the challenging economy of the 21 st century.
(b) Overlay district.
(1) For the purpose of section 21-191, the boundaries of the overlay district are established and hereby adopted as shown on the map, entitled, "Wickford Design Guidelines Overlay Map ," dated November 26, 2018, filed at the office of the town clerk. Such map is hereby adopted and incorporated by reference.
(2) Those properties included in the overlay district shall be subject to the use provisions of the Wickford Village Center (WVC) zoning district and dimensional provisions pertaining to the Wickford Village Center Design Guidelines Overlay District, as outlined in section 21-93, article III and article IV of the zoning ordinance, unless otherwise stated within this chapter.
(3) The Brown Street Wickford Design Standards and Guidelines dated September 24, 2018 are hereby adopted and incorporated by reference. The document shall govern any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property within the Wickford Village Design Guidelines overlay district.
(4) Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property within the Wickford Village Design Guidelines overlay district shall require development plan review in the form of design approval from the Wickford Village Design Guidelines committee or the planning director/designee as determined within this section.
(5) Properties within the overlay district are subject to development plan review approval pursuant to section 21-284 prior to obtaining a building permit.
(c) Wickford Village Design Guidelines Committee (WVDGC).
(1) Established. In order to carry out the purposes of this article, there is established a Wickford Village Design Guidelines Committee which, along with the planning director, shall be charged with carrying out the purposes of this article within the provisions of design plan review under RIGL 1956, § 45-24-49 and section 21-284.
(2) Membership and appointment. There shall be seven members and two alternates on the WVDGC, to be appointed by the town council as follows.
a. The five members of the historic district commission (HDC) shall also serve and be appointed as members of the WVDGC as well as the one alternate of the HDC. This alternate shall only sit as an alternate when HDC members are not available to sit as members of the WVDGC.
b. Two business property owners in the overlay district shall also be appointed as members of the WVDGC. A second alternate, who is also the owner of a business property within the district, shall be appointed to serve only in the absence of a business property owner.
c. The business property owners and the business property alternate shall serve three-year terms.
d. Appointed members shall be eligible for re-appointment and upon the expiration of their term may continue to serve until replaced. In the event of a vacancy of an unexpired term, interim appointments may be made to complete the term.
(3) Meetings and quorum. A quorum of four shall be necessary to conduct a meeting and to vote on any matter. A majority of those voting shall be necessary to approve any application. All meetings of the WVDGC shall comply with the state Open Meetings Act. The WVDGC shall promulgate reasonable rules of procedure for the administration of its meetings and activities.
(4) All decisions shall be in writing and the reasons and basis for the decision in accordance with applicable standards and the guidelines shall be provided.
(5) Enforcement. The building official shall be empowered to enforce the decision and the requirements of this section, including but not limited to by the filing for relief, damages, and equitable relief and injunction in superior court, and in accordance with section 1-4 and section 21-23.
(d) Application, review, decision, and appeal procedures. Procedures for application, review, decision and appeals shall be as follows:
(1) Application procedures. Applicants within the overlay district shall submit an application and accompanying materials and fees for development plan review in the form of design approval, as set forth in section 21-284 with the exception of voluntary demolition applications, which shall follow the provisions of subsection 21-191(e). The WVDGC or its designee, the director of planning, is authorized to establish application, checklist, and other forms required for the administration of this section.
(2) Review procedures.
a. Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction shall be first assessed at the design level.
1. Administrative approval required. The following shall require design review and approval by the planning director or his/her designee including:
A. Any cosmetic improvement including, but not limited to, window replacements, siding, reroofing, mechanical equipment, and in-kind repairs or replacements of building materials; and
B. Site improvements such as patios, walkways, and fences.
2. Wickford Village Design Guidelines committee approval required. Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property other than as described in subsection 21-191(d)(2)a. shall require design review and approval by the Wickford Village Design Guidelines committee. In addition, the planning director/designee has the authority to refer applications that meet subsection 21-191(d)(2)a. for administrative review to the committee for good cause.
3. The planning director or his/her designee shall maintain a list of all approvals granted and submit it to the WVDGC in a manner and form required by the committee.
4. Required findings. In granting design review approval, the Wickford Village Design Guidelines committee or the planning director/designee shall require evidence to the satisfaction of the following standards be entered into the record of the proceedings:
A. The requested action will not alter the general character of the surrounding area or impair the intent or purpose of this chapter, in accordance with the Brown Street Wickford Village Design Standards and Guidelines and is consistent with the town comprehensive plan.
B. The proposal has architectural integrity and maintains an appropriate relationship with other structures in the immediate area as related to height, massing and design features.
C. Building mass is articulated to relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that indicate habitation, such as identifiable entrances, stairs, porches, bays, and balconies.
D. Exterior building materials and finishes convey high quality, permanence and durability, and are used effectively to define design features and structural elements. Materials and finishes have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area.
E. Landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape.
F. Signage is designed to complement the building architecture as related to style, materials and proportions.
G. Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material and detailing.
H. Service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.
b. Properties within the overlay district are also subject to further development plan review for approval for matters not subject to the guidelines pursuant to section 21-284 prior to obtaining a building permit.
(3) Decision procedures. The WVDGC shall hold a hearing on the application within 45 days from the date that the administrator has certified the application to be complete. The WVDGC shall issue a decision within 45 days thereafter, or within such further time as the applicant has consented; however, upon a finding of fact by the committee that the review of the application, additional time and information is needed, the committee may have up to an additional 45 days within which to act upon the application.
The applicant shall receive both a design approval decision and, for matters not subject to the guidelines, a development plan review decision. Decisions granted pursuant to this chapter shall be valid for a period of one year from the date of recording of the decision, during which time application for a building permit shall be made. The approving agency may grant up to an additional year as a condition of approval, when such is requested in writing before the expiration of the original one-year period.
(4) Appeals.
a. A decision of the administrative officer for design plan review subject to this section may be appealed by an aggrieved party to the WVDGC not later than 20 days following the recording of that decision. The committee shall hold a hearing, and consider the application de novo, at a regular or special meeting of the committee, and governed by the state Open Meetings Laws. The decision of the WVDGC shall be in accordance with the provisions of this section.
b. A decision of the WVDGC for design plan review subject to this section may be appealed by an aggrieved party to the planning commission not later than 20 days following the recording of that decision. The planning commission shall hold a hearing, and consider the application de novo, however, the planning commission may give due consideration to the expertise of the WVDGC. The decision of the planning commission shall be in accordance with the provisions of this section, and shall be in writing, in accordance with the guidelines and all design guidelines of this section, and provide the "required findings" in (d)(2)a.4. of this section. The hearing may be held at a regular or special meeting of the committee and shall comply with the state Open Meetings Laws.
c. A decision of the planning commission for design plan review subject to this section may be appealed by an aggrieved party to the board of appeals in accordance with Article 12.0 of the town subdivision and land development regulations.
(5) Inspections. Upon the request of the building official, the engineering department shall inspect all site work required as part of the development plan review approval and shall report its findings to the building official.
(e) Voluntary demolition. The town is committed to preserving the historically and culturally significant built environment and neighborhood architectural identities located within the Wickford Village Design Guidelines Overlay District. Therefore, a demolition permit is required prior to the demolition of any structure located within the Wickford Village Design Guidelines Overlay District. Administration of this section shall be as follows:
(1) Application/inspection fee. No application shall be considered complete unless accompanied by the required application fee. If applicable, an inspection fee shall be paid by the applicant as a condition of approval of a demolition plan. The fee shall be an amount based on the value of improvements as determined by the town engineer. The demolition permit application may be processed simultaneously with any required development plan review, variance and/or special use permit application.
(2) Application materials. The completed demolition permit review application shall include the following:
a. Demolition review application and non-refundable fee;
b. Demolition staging plan;
c. Site plan identifying all existing structures;
d. Plans and elevations for the proposed reuse of the property in accordance with the Brown Street Wickford Village Design Standards and Guidelines;
e. Stormwater management plans and specifications made in conformance with the town's stormwater management regulations; and
f. Site restoration plans and specifications (only applicable if commencement of construction of a new structure is not planned within 60 days after completed demolition).
(3) Review standards and findings. The Wickford Village Design Guidelines Committee shall review all demolition permit applications in accordance with this chapter and ordinances of the town, together with the following findings:
a. The granting of the permit is not detrimental to the health, safety and welfare of the community.
b. The proposed demolition of the structure is consistent with the goals and policies of the comprehensive plan.
c. The proposed demolition does not create land with constraints to development.
d. The proposed demolition does no harm to the character of the immediate neighborhood or area of the town.
e. If an application is submitted for demolition affecting the appearance of a structure or its appurtenances which the Wickford Village Design Guidelines Committee deems so valuable to the town, state, or nation that the loss thereof will be a great loss to the town, state, or nation, the committee shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. Unless the committee is satisfied that the retention of such structure constitutes 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 such structure, or unless the committee votes to approve of the proposed reuse of the property, the committee shall file with the building inspector its rejection of such application for demolition.
f. If any structure is deemed so valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Wickford Village Design Guidelines Committee may file with the building inspector its approval of demolition if:
1. Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
2. 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
3. Preservation of such structure would not be in the interest of the majority of the community.
g. When considering an application to demolish or remove a structure of historic value, the Wickford Village Design Guidelines Committee shall assist the owner in identifying and evaluating alternatives to demolition, including the sale of the structure in its present site. In addition to any other criteria, the committee 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 purchaser willing to move and preserve such structure.
h. In circumstances where Wickford Village Design Guidelines Committee review may overlap with historic reviews of the state historic preservation commission, it shall be the obligation of the committee to arrange a coordinated review process with the state agency. This coordinated review shall be arranged within the time limitations established through the local committee's rules of procedure for its own review of an application. The purpose of the coordinated review shall be to minimize the potential for conflicting opinions on matters related to historic preservation on the part of the local and state authorities. The committee shall solicit the written comments of the state historic preservation commission.
(4) Recommended conference. Prior to the issuance of a demolition permit, a conference is recommended between the building official and the demolition contractor to review the requirements and conditions for demolition.
(5) Conditions and restrictions. The committee and administrative officer may impose such conditions and restrictions upon the issuance of the demolition permit as may be necessary to satisfy the review standards and findings of subsection (3) above.
(6) Construction standards. Upon approval, any demolition shall be done in accordance with the provisions of the building code in force at the time, the requirements of the codified ordinances, and any additional requirements or conditions of the committee. The applicant shall also be required to submit to the town proof of disconnection of utilities prior to commencing demolition of the building. Demolition practices shall also adhere to the following standards:
a. General. Demolition permit applications are conditioned upon approval of any state-mandated requirements in place at the time of the completed applications.
b. Particulate control. Airborne particles shall be controlled at all demolition sites.
c. Fencing. Fencing shall be installed around the entire perimeter of any excavated area greater than 24 inches below grade in depth.
d. Restoration. If construction of a new development has not commenced within 60 days of demolition, the property must be restored to a safe condition.
e. Noise. Upon issuance of a demolition permit by the building official, demolition activity shall only take place Monday through Friday, 8:00 a.m. to 5:00 p.m.
(f) General requirements.
(1) Building height. No structure located within the Wickford Village Design Guidelines Overlay District shall exceed 27 feet in height. For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA flood insurance rate maps (FIRMs), building height shall be measured from base flood elevation, and where freeboard, as defined in RIGL 1956, § 45-24-31, is being utilized or proposed, such freeboard area, not to exceed five feet, shall be excluded from the building height calculation; provided, however that the Rhode Island Coastal Resources Management Council design elevation maps may be used by an owner or applicant to establish a base flood elevation for a property that is higher than the official FEMA FIRMs.
(g) Interpretation. The committee or administrative officer, as appropriate, shall be responsible for deciding the meaning and intent of any section of this article which may be unclear or in dispute.
(Ord. No. 18-28, § 1, 11-26-2018; Ord. No. 19-06, § 1, 4-15-2019)