City of Pawtucket Zoning Ordinance

[Amended 10-23-1997 by Ch. No. 2470; 12-20-2023 by Ch. No. 3287]

The zoning districts and regulations set forth in this Chapter 410, Zoning, are made in accordance with the most recently adopted Pawtucket Comprehensive Plan and for the following purposes:

• A. To promote the public health, safety and general welfare of the City.
• B. To provide for a range of uses and intensities of use appropriate to the character of the City and reflecting current and expected future needs.
• C. To provide for orderly growth and development which recognizes:
  • (1) The goals and patterns of land use contained in the aforesaid Comprehensive Plan of the City adopted pursuant to R.I.G.L. § 45-22.2.
  • (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibility to surface or ground water pollution.
  • (3) The values and dynamic nature of freshwater ponds, the riverfront along the Blackstone River and Seekonk River and freshwater and coastal 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 urban development.
  • (7) The use of innovative development regulations and techniques.
• D. To provide for the control, protection and/or abatement of air, water, groundwater and noise pollution and soil erosion and sedimentation.
• E. To provide for the protection of the natural, historic, cultural and scenic character of the City or areas therein.
• F. To provide for the preservation and promotion of open space and recreation resources of the City.
• G. To provide 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. To promote 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, including opportunities for the establishment of low- and moderate-income housing.
• I. To provide opportunities for the establishment of low- and moderate-income housing.
• J. To promote safety from fire, flood and other natural or man-made disasters.
• K. To promote a high level of quality in design in the development of private and public facilities.
• L. To promote implementation of the Pawtucket Comprehensive Plan, as amended.
• M. To provide for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies.
• N. To provide for efficient review of development proposals to clarify and expedite the zoning approval process.
• O. To provide for procedures for the administration of this chapter.
• P. To provide opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

For the purpose of this chapter, the City is divided into zoning districts designated and described as follows:

• A. Residential Limited RL. This zone is intended to establish low-density single-household dwelling areas.
• B. Residential Single-Family RS. This zone is intended to establish single-household dwellings where such single-household dwellings now prevail.
• C. Residential Two-Family RT. This zone is intended for neighborhoods consisting of interspersed one- and two-family dwellings.
• D. Residential Multifamily RM. This zone is intended to continue single-household and multihousehold dwellings of specified density and building height in those areas where such development is prevalent.
• E. Residential Elevator RE. This zone is intended to establish high-density residential structures around the downtown area.
• F. Riverfront districts:
  • (1) Riverfront Public Open RD1. The purpose of the RD1 Riverfront Public Open District is to promote and preserve public spaces, including parks, riverwalks and public amenities along the riverfront.

    [Amended 12-19-2003 by Ch. No. 2709]

  • (2) Riverfront Industrial RD2. The purpose of the RD2 Riverfront Industrial Zoning District is to preserve existing industrial uses that are compatible with uses along the river in a manner that protects the river from industrial discharge, including stormwater runoff from large expanses of impervious paving.

    [Added 12-19-2003 by Ch. No. 2709]

  • (3) Riverfront Mixed-Use RD3. The purpose of the RD3 Riverfront Mixed-Use Zoning District is to promote a mix of residential, commercial and light industrial uses that are compatible with uses along the river, including housing and commercial buildings; preserve and adaptively reuse existing mill-type structures; promote variations in the siting of structures and amenities; and to enhance view corridors to the river.

    [Added 12-19-2003 by Ch. No. 2709]

• G. Commercial Local CL. This zone is intended for neighborhood commercial areas that primarily serve local neighborhood needs for convenience retail services and professional office establishments.
• H. Commercial General CG. This zone is intended for commercial areas that serve City-wide needs for retail, services and professional office establishments.
• I. Commercial Downtown CD. This zone is intended to enhance and restore the downtown area.
• J. Industrial Open MO. This zone is intended for light industrial uses that accommodate a variety of manufacturing, assembly, storage of durable goods and related activities.
• K. Industrial Built-Up MB. This zone is intended for existing high-density industrial structures that are used for manufacturing and storage purposes.
• L. Public Open PO. This zone is intended to preserve open space recreation use and, in certain instances, public education uses.
• M. Public Cemetery PC. This zone is intended to retain cemetery land for its designated purposes.
• N. Overlay zoning districts. These are districts that are superimposed on existing zoning districts or part of a district and which impose specified requirements in addition to, but not less than, those otherwise applicable and/or allow alternate uses.
  • (1) Historic Districts. These overlay zoning districts are designated in accordance with Title 45, Chapter 24.1, of the General Laws of Rhode Island, as amended, which declares the preservation of structures of historic or architectural value to be a public purpose and authorizes the creation of the Historic District Commission (HDC) for that purpose in the City of Pawtucket.
  • (2) Flood Hazard Districts. The Flood Hazard District includes all special flood hazard areas: Zone A, A1-30, AE and Zone V, V1-30, VE on the City of Pawtucket Flood Rate Maps (FIRM) and the Flood Boundary and Floodway Maps dated March 2, 2009, which are on file with the Division of Zoning and Code Enforcement. The FIRM and Flood Boundary and Floodway Maps may from time to time be updated or amended by the Federal Emergency Management Agency, and these updates and amendments shall be automatically incorporated into this chapter. These maps, as well as the accompanying Pawtucket Rhode Island Flood Insurance Study, are incorporated herein by reference.

    [Amended 2-25-2010 by Ch. No. 2934]

  • (3) Mill Building Reuse District (MBRD). The Mill Building Reuse District (MBRD) creates a zoning overlay district within the MB and MO Zones on sites containing obsolete or underutilized manufacturing and/or industrial buildings. The MBRD designation allows the development of such sites according to a master plan for mixed use. All such reuse developments shall be done in accordance with Article VA of the chapter.

    [Added 8-21-2008 by Ch. No. 2896]

• O. Riverfront Commons District RCD. The purpose of the Riverfront Commons District RCD is to encourage use and development of previously developed buildings, land, and/or sites by promoting flexibility in use and design being cognizant of its proximity to the Blackstone River.

  [Added 8-9-2012 by Ch. No. 3007]

• P. Commercial Mixed Use (CMU). The purpose of the Commercial Mixed Use District is to encourage more active use and redevelopment of oversized multitenant commercial properties by promoting more flexibility of uses and design that is well suited for active economic activity along Newport Avenue.

  [Added 5-10-2018 by Ch. No. 3154]

• Q. Conant Thread (CT). The purpose of the Conant Thread District is to promote active reuse of historic mill structures located in close proximity to the Pawtucket - Central Falls Commuter Rail Station, and to encourage new development that is complementary of the unique existing character of the district. The primary goal of the district is diverse residential and job creation opportunities that may capitalize on easy access to multiple forms of public transportation, often referred to as transit-oriented development (TOD). The continuation of various light manufacturing uses is promoted in this district, provided that they are of scale, nature, and intensity that are consistent with the active mixed-use vision for this district.

  [Added 5-23-2019 by Ch. No. 3194]

• R. Riverfront Tidewater (RTW). The purpose of the Riverfront Tidewater District is to encourage cohesive mixed-use development of vacant parcels in proximity to the Blackstone and Seekonk Rivers that provides high-quality amenities for both residents and visitors, contributes to positive economic development, improves multimodal connections to downtown Pawtucket, and enhances public access to, and viewsheds of, the riverfront area.

  [Added 2-25-2021 by Ch. No. 3237]

The City of Pawtucket Zoning Map shall constitute the Official Zoning Map, shall depict all zoning districts and overlay zoning districts of the City and is hereby adopted and made part of this chapter. The Official Zoning Map shall consist of one index page and 138 separate pages, showing the entire area of the City. Said map shall be filed in the office of the City Clerk.

Editor's Note: Original Section 1 of the 1994 Zoning Ordinance provided that Chapter 31 of the 1966 Code was amended in its entirety (see History above), with the exception of Article III, Zoning Map, § 31-14, Adoption. Changes to the Zoning Map are made by ordinance and are made on the map itself which is on file in the office of the Planning Department (telephone 401-728-0500, Ext. 225).

Each page of the Zoning Map shall be identified by the following: "City of Pawtucket Zoning Map Adopted on ___________ as Chapter _______ of the Ordinances of the City of Pawtucket," Index page (or page number), the Seal of the City, "Seal of the City of Pawtucket," the signature of the City Clerk and "City Clerk."

• A. If, in accordance with the provisions of this chapter, amendments are made in zone boundaries or other changes to the Zoning Map, such amendments shall be made on the Zoning Map by the City Engineer promptly after their adoption by the City Council. Each such amendment shall be accompanied by an entry on the Zoning Map as follows: "On __________________, the City Council amended this Zoning Map as follows (a brief description of the nature of the amendment), the signature of the City Clerk and `City Clerk.'"
• B. The amending ordinance shall provide that it shall not become effective until the amendment has been entered upon the Zoning Map. No amendment to this chapter which involves matter shown on the Zoning Map shall become effective until such amendment and entry has been made on the Zoning Map.
• C. It shall be the duty of the City Clerk to furnish copies of the amended Zoning Map to the Director of Zoning and Code Enforcement, City Engineer, City Planning Commission and other officials, departments, boards or commissions of the City having need of such map for the performance of their duties.

• A. In the event that the Zoning Map or any page thereof becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of amendments, the City Council may substitute therefor by ordinance a new Zoning Map or page thereof which shall supersede and replace the prior Zoning Map or page thereof.
• B. Each page of the new Zoning Map shall be identified by the following: "City of Pawtucket Zoning Map, as corrected on ___________, Superseding and Replacing page ______ of the Zoning Map Adopted on ___________________ as Chapter _______________," Index page (or page number), the Seal of the City, "Seal of the City of Pawtucket," the signature of the City Clerk and "City Clerk."

No changes of any nature shall be made on the Zoning Map or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.

Regardless of the existence of copies of the Zoning Map which may from time to time be made or published, the Zoning Map herein described, which shall be located in the office of the City Clerk, shall be the Official City Zoning Map and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.

Where uncertainty exists as to the boundaries of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:

• A. Zone boundaries are generally intended to follow lot lines.
• B. Zone boundaries, where indicated, are the center lines of streets, parkways, waterways or railroad rights-of-way.
• C. Where the street layout on the ground varies from the layout as shown on the Zoning Map, the Director shall interpret said map according to the reasonable intent of this chapter.
• D. Where the zone boundary divides a lot so that more than 50% of the lot area is in a more restrictive zone, the provisions of this chapter relating to the more restrictive zone shall be extended to the entire lot.
• E. Where the zone boundary divides a lot so that 50% or more of the lot area is in a less restrictive zone, the provisions of this chapter relating to the less restrictive zone shall be extended to the entire lot.

• A. Conformance with permitted use. No building or structure shall be erected, reconstructed or enlarged for any use other than that which is permitted in the zone in which such building, structure or land is located. No building or structure shall be moved to a new site unless that site is zoned to permit the use intended for such building or structure, nor shall any building, structure or land be used for any use other than is permitted in the zone in which it is located.
• B. Dimensional conformance. Except as hereinafter provided, no building or structure shall be erected, enlarged or reconstructed to exceed the dimensional limits established for the zone wherein such building or structure is located.
• C. Lot area conformance. No new lot shall be created, nor shall an existing lot be reduced or diminished except in conformance with the dimensional requirements of this chapter, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this chapter. The lot or yard areas of buildings existing at the time this chapter became effective shall not be diminished below the requirements herein provided. The required yard or parking area for a building shall not be included as a part of the required yard or parking area of any other building.

• A. It shall be the duty of the Director of Zoning and Code Enforcement, hereafter written as "Director," to interpret and apply the provisions of this chapter. Such interpretation and application shall be subject to appeal to the Board. In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of health, safety, convenience or the general welfare.
• B. This chapter shall be consistent with the Comprehensive Community Plan, as amended, of the City of Pawtucket, adopted on October 26, 1995, pursuant to Chapter 45-22.2 of the General Laws of Rhode Island, and in the instance of uncertainty in the construction or application of any section of this chapter, this 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 such Comprehensive Community Plan.

  [Amended 10-23-1997 by Ch. No. 2470]

• A. The zoning districts as defined in this Article II are listed horizontally across the page by their abbreviated letter designation; for example, the letters "RL" denote the Residential Limited District.
• B. Permitted uses are listed by district in the Table of Use Regulations and are denoted with a "Y" for yes, meaning the use is permitted in the specific district.
• C. Uses that are not permitted are indicated by an "N" symbol in the district heading.

  [Amended 8-20-2009 by Ch. No. 2928]

• D. Uses that are permitted only upon approval of the Board of Review or City Planning Commission or Joint Planning Commission, under unified development review as appropriate, are denoted with an "S" for special use permit. No special use permit shall be approved except in accordance with the provisions of this chapter.

  [Amended 12-20-2023 by Ch. No. 3287]

• E. Uses that are permitted as an accessory building or use are denoted with an "A."
• F. Any number of uses may be located on a lot or within a single building on a lot, provided that each use is permitted and all other requirements of the chapter are met except as provided for in § 410-60.
• G. Uses not listed are prohibited, except as described in Subsection H below. Uses with an asterisk are defined in § 410-132, Definitions, and the 2007 North American Industry Classification System codes are given to assist in the classification of uses.

  [Amended 8-20-2009 by Ch. No. 2928; 5-23-2013 by Ch. No. 3028]

• H. The City of Pawtucket recognizes that it cannot conceivably keep pace with the types of uses that result from new and changing technologies. The City also recognizes the benefit in allowing some flexibility for these new uses, provided that their impacts to the City are substantially similar to existing uses. Therefore, the City has developed a process whereby a use that is not specifically listed in the Table of Use Regulations, but is substantially similar to an existing use, may be allowed without a use variance.

  [Added 5-23-2013 by Ch. No. 3028]

  • (1) Where a use is not specifically listed in the Table of Use Regulations, such use shall be permitted with a special use permit if both the Director of the Division of Zoning and Code Enforcement and the Director of Planning and Redevelopment, or their appointed designees, after consultation with the District City Councilor, mutually determine that the use can be classified in a substantially similar use category that is listed and allowed elsewhere in the applicable zoning district. The Director of Zoning shall make the finding that the proposed use is substantially similar to an existing allowed use based on the following criteria:

    [Amended 12-20-2023 by Ch. No. 3287]

    • (a) Whether the proposed use is similar in terms of hours of operation, traffic impacts, environmental impacts, and the potential for adverse impacts on surrounding properties;
    • (b) Whether the proposed use is typically housed in buildings or structures similar and compatible to those used to house permitted uses in the zoning district; or
    • (c) Whether the proposed use is consistent with the purpose and intent of the particular zoning district.
  • (2) The Director of Planning shall make the finding that the proposed use is substantially similar to the same existing allowed use based on the use's potential impact on the intent of the Comprehensive Plan. This process will occur during the review of the certificate of zoning compliance and adhere to those existing time frames.
  • (3) A proposed use that the Director of Zoning and the Director of Planning determines within 30 days of a request does not fall into a permitted use classification, unless overturned on appeal, shall be prohibited until such time as the City Council may amend the ordinance to indicate that such use is a permitted or special use in one or more zoning districts.

    [Amended 12-20-2023 by Ch. No. 3287]

• I. The Table of Use Regulations sets out the uses which are allowed and prohibited within the Commercial Downtown District. The list below represents uses which are also allowed by right in the Commercial Downtown zoning district. In recent years, we have come across a number of new uses which cannot be easily classified but are desirable in the CD District because of their potential to increase activity during daytime and evening hours. This list represents uses which are allowed within the Commercial Downtown zone. Although they are new and/or difficult to classify, they are also uses that promote the purpose of the Comprehensive Plan for the Commercial Downtown district, and this section is clarifying that they are allowed by right:

  [Added 12-18-2018 by Ch. No. 3176]

  • (1) Mixed use, especially ground-floor retail;
  • (2) Incubator*;
  • (3) Photography studio;
  • (4) Black box theatre*;
  • (5) Cafe*;
  • (6) Cultural activity*;
  • (7) Gallery*;
  • (8) Coworker space*;
  • (9) Small design showroom, e.g., lighting, interior design, handcrafted furniture;
  • (10) Film studio;
  • (11) Recording studio;
  • (12) Design studio;
  • (13) Yoga or pilates studio (not a commercial full-service gym);
  • (14) Live/work space*;
  • (15) Small fabricating shops not to include industrial trade schools, and further provided that the activity does not include a use that is prohibited in the MO or MB Zoning Districts;
  • (16) Cigar lounge;
  • (17) Tattoo parlors;
  • (18) Previously owned goods and merchandise, including antiques, collectibles, coins, consignment and stamps, excluding pawn shops;
  • (19) Transit shelters*, drop-off points, bicycle rack(s) and/or corrals, and informational or retail kiosks. Layover locations for buses shall be prohibited;
  • (20) Public structure or public use, including, but not limited to, public and private park, community or civic space, museum, gallery, or community center;
  • (21) Bicycle paths and/or road bike lanes and pedestrian paths, bicycle racks or corrals.

    * Defined in § 410-132 , Definitions.

• J. Adaptive reuse projects.

  [Added 12-20-2023 by Ch. No. 3287]

  • (1) Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use under the criteria described below under eligibility.
  • (2) Eligibility.
    • (a) Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.
    • (b) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by the Rhode Island Department of Environmental Management or the United States Environmental Protection Agency.
  • (3) Density calculations.
    • (a) For projects that meet the following criteria, the residential density shall be no less than 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.
    • (c) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.
  • (4) Dimensional requirements.
    • (a) Notwithstanding any other provisions of this section, existing building setbacks shall remain and 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 section, 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.
  • (5) Parking requirements.
    • (a) The parking requirements and design standards in Article IX of this chapter shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority except residential uses. Adaptive reuse developments are exempted from off-street parking requirements of over one space per dwelling unit.
  • (6) 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 Article II of this chapter for the zoning district in which the structure is located.
  • (7) Applicability of development plan review. An adaptive reuse conversion shall be subject to development plan review in accordance with Article IIIA of this chapter.
    • (a) 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.
      • [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 unit.

Editor's Note: Editor's Note: The Table of Use Regulations can be found at the end of this chapter.

[Amended 12-19-2003 by Ch. No. 2709]

[Amended 12-20-2023 by Ch. No. 3287; 9-26-2024 by Ch. No. 3305]

The Pawtucket Riverfront Commission (hereinafter called the "Riverfront Commission" or the "Commission") is hereby established in accordance with the Subdivision Review Enabling Act of 1992, R.I.G.L. 45-23, as amended, as a technical review committee to review and regulate all structures and uses of land or structures within the RD1, RD2, RD3 Zoning Districts (hereinafter sometimes collectively referred to as the riverfront districts). The purpose of such review shall be the reasonable application of the regulatory authority of the City to protect the public from the cumulative effects of development that detracts from the value of the Blackstone River waterfront as an economic development resource while at the same time reasonably accommodating the goal of economic development within the City. The purpose is also to apply urban design principles that are respectful of the river by sustaining public access, maintaining view corridors, regulating height and bulk of structures, and permitting a diversity of uses.

[Amended 12-20-2023 by Ch. No. 3287; 9-26-2024 by Ch. No. 3305]

• A. In addition, the Commission shall be the review body for review of development specified in § 410-14.1, below that is otherwise permitted by right within the riverfront districts. All such review shall be governed by the procedures specified in § 410-15.1 of Article IIIA of this chapter.
• B. Where development within the riverfront districts requires either a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map change, or where a land development project is proposed within the riverfront districts or the development applies for but does not receive a modification, the Commission shall review such development or land development project in accordance with the procedures set forth herein, although such review shall be only advisory to the permitting authority.
• C. The Commission may review and recommend to the Department of Planning and Redevelopment concepts and ideas relating to the development of and public access to the riverfront consistent with § 410-13.3 below.

[Amended 9-26-2024 by Ch. No. 3305]

• A. The Commission shall be authorized to review improvements on public and private land in the riverfront districts that meet the criteria specified in § 410-14.1, including the construction, reconstruction, alteration, repair, demolition, removal, rehabilitation of the exterior of new and existing buildings and appurtenances, except as otherwise provided in this article.
• B. The Commission, with the approval of the Director of Planning and Redevelopment (hereinafter the "Director"), may engage technical, clerical, or legal assistance to aid in the discharge of its duties.
• C. The Commission may refer any matter before it to any other board, commission or official of the City, or to any state or federal agency, for review and comment.
• D. The Commission may review and recommend to the Department of Planning and Redevelopment concepts and ideas relating to the foundation for the evolution of substantive and procedural policy that will assist in promoting the City's stewardship of the Blackstone River waterfront in the future and to assist the City in effectively and efficiently planning waterfront development that will attract positive economic development and promote public access and recreational opportunities.

• A. The Commission shall consist of six members appointed by the Mayor and confirmed by the City Council and three members appointed by the City Council and approved by the Mayor, each to hold office for the term of three years; provided, however, that the original appointments shall be made for terms of one, two, and three years, respectively, with five members being appointed to each such term so that the overall appointments are thus staggered, for a total of nine members. Appointed members of the Commission may include members of the City Council.

  [Amended 8-23-2017 by Ch. No. 3139]

• B. The Commission members shall be residents of the City of Pawtucket, as defined by the City Charter.

  [Amended 8-23-2017 by Ch. No. 3139]

• C. If not appointed to the Commission as a voting member, the Director shall serve as an exofficio nonvoting member.
• D. Appointees shall be reasonably expected to serve the full term and shall be expected to attend most meetings of the Commission.
• E. Members may be reappointed upon the completion of their terms.
• F. A member may be removed for cause, in accordance with the bylaws of the Commission. Cause may include, but is not limited to, missing three or more consecutive meetings without permission from the Chair.

  [Amended 8-23-2017 by Ch. No. 3139; 9-26-2024 by Ch. No. 3305]

• G. If a vacancy occurs on the Commission, for whatever reason at any time, the vacancy shall be filled in accordance with the original appointments to fill the unexpired term. Vacancies shall be filled within 90 days.
• H. No member may participate in any way whatsoever on any matter for which he or she would have a conflict of interest as defined by Rhode Island law and the Rhode Island Ethics Commission. As soon as any conflict of interest for a member occurs or is revealed, that member shall immediately recuse himself or herself, and shall not sit as an active member, and shall take no part in the conduct of the meeting or hearing on such matter. The member shall notify the Chairperson in writing (or notify the Vice Chairperson if the conflict is for the Chairperson), and the member shall also notify the Rhode Island Ethics Commission, in writing, as required by law.

[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]

• A. Once a year, during the month of March, the Commission shall organize by electing from its membership a Chairperson and Vice Chairperson, and the members shall also notify the Rhode Island Ethics Commission, in writing, as required by law.
• B. The Director shall assign staff to support and work with the Commission. Such staff may serve as Secretary to the Commission, or the Commission may appoint one of its members as Secretary.
• C. Applications and correspondence to the Commission shall be sent to the Commission in care of the Director. The Director shall file all records and decisions of the Commission.

The Commission shall establish written rules of procedure, in keeping with the provisions of this article, within six months of the adoption of this article. A copy of the rules of procedure shall be forwarded to the Mayor and all members of the City Council.

• A. The Chairperson shall preside over all Commission meetings and shall have the right to vote. The Vice Chairperson shall, in the case of absence or disability of the Chairperson, perform the duties of the Chairperson.
• B. Meetings shall be held at the call of the Chairperson, the Director, or by written request of any three members of the Commission.
• C. All meetings of the Commission shall be open to the public and shall be posted and comply in all respects with the Rhode Island Open Meetings Act.
• D. Three members shall constitute a quorum of the Commission. However, any action of the Commission shall be passed or adopted by the affirmative vote of a majority of all the members of the Commission.
• E. If a proposed development is also within the Pawtucket Historic District and subject to the review of the Pawtucket Historic District Commission (HDC), the Riverfront Commission and the HDC may hold a joint hearing, but shall vote as independent bodies, consistent with their own procedural rules.

  [Amended 9-26-2024 by Ch. No. 3305]

• F. The Commission shall keep a record of all proceedings, findings, decisions and actions, and such record shall be open to the public. All decisions evidencing the granting of an application shall be recorded in the Land Evidence Records of the City. No permit shall be issued until the decision is properly recorded in said Land Evidence Records.

The following actions shall be excepted from development plan review, but only upon application to and written decision by the Director:

• A. Change of use. A use otherwise subject to DPR is changed to another use that is permitted on the same legal basis as the prior use, and the new use is listed in the same category in § 410-12, the Table of Use Regulations, of this chapter.
• B. Expansion. An expansion of an existing structure by not more than 1,000 square feet, on a cumulative basis.

  [Amended 9-26-2024 by Ch. No. 3305]

• C. Minor change of approved plan. A development previously approved is the subject of a minor change, which is hereby defined as any change that does not substantially impact the proposed development project or any of the neighboring properties and that meets all of the following criteria:
  • (1) There is no increase in the number of lots or dwelling units.
  • (2) There is no change to any dimension of the previously approved plan, including building envelopes, exceeding 20%.
  • (3) There is no change to any street or driveway.
  • (4) There is no change required to any public infrastructure.
• D. Rehabilitation. A rehabilitation of an existing structure where the cost of such rehabilitation does not exceed 50% of the fair market value of the structure prior to such rehabilitation.
• E. Other agencies. No approval is required from the Rhode Island CRMC or the Pawtucket Historic District Commission.

The following uses when located within the Riverfront District shall be subject to DPR or be deemed to be an LDP when any action is taken that requires the issuance of a building permit or certificate of occupancy, or when requiring a variance or special use permit or amendment to the Zoning Ordinance or Zoning Map, other than as excepted in § 410-14.1 above:

• A. Enumerated uses.
  • (1) Nonresidential uses. All nonresidential development (including but not limited to: commercial, retail, industrial, or institutional) calculated as to the entire development, both existing and proposed, where any of the following apply:

    [Amended 9-26-2024 by Ch. No. 3305]

    Criteria	Development Plan Review	Land Development Project
    The GFA is greater than:	1,000 square feet	20,000 square feet
    Parking is either required or provided for more than:	10 vehicles	20 vehicles
    The lot area of the entire parcel is equal to or greater than:	10,000 square feet	20,000 square feet
    The cost of rehabilitation	$500,000	N/A
    Any new landscaping within 200 feet of the Blackstone River:	All	N/A
    Any use serving food and/or alcohol that has a legal capacity equal to or exceeding:	20 people	50 people
    Any use within the jurisdiction of RI CRMC or Pawtucket HDC:	All	N/A
    Any use that discharges any materials or fluids, including stormwater, into the Blackstone River:	All	N/A

  • (2) Residential use. Any residential use, calculated as to the entire development, both existing and proposed, where any of the following apply:

    [Amended 9-26-2024 by Ch. No. 3305]

    Criteria	Development Plan Review	Land Development Project
    There are dwelling units equal to or more than:	10 dwelling units	20 dwelling units
    There are rooming units equal to or more than:	10 rooming units	20 rooming units
    For lots containing more than two dwelling units, the lot area of the entire parcel is equal to or greater than:	10,000 square feet	20,000 square feet

  • (3) Referral by City officials. Any other permitted use that is specifically referred in writing to the Commission for development plan review by the Building Inspector, the Administrative Officer, the Zoning Enforcement Officer, or the Director.
  • (4) Projects that, because of their scale, do not meet the criteria for Commission review under § 410-14, shall be reviewed by the Planning and Redevelopment Department, which shall conduct said review in accordance with the purposes stated in § 410-13.1.

    [Added 9-26-2024 by Ch. No. 3305]

[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]

There are two different DPR processes, one for those uses that are permitted as of right, and a second process for those uses requiring a special use permit and/or a variance, a zoning ordinance amendment, and/or a Zoning Map change or where a land development project is proposed within the Riverfront Districts. The Riverfront Commission shall have the administrative power and duty, in accordance with the requirements of this article and the Subdivision and Development Review Regulations (the "regulations"), to review all plans for the proposed development.

• A. Uses permitted by right. The decision by the Riverfront Commission shall be binding. Such decision shall be in writing and shall comply with all requirements of the regulations, including those for filing of records and decisions.
• B. Uses not permitted by right.
  • (1) A use requiring a special use permit and/or a variance shall be subject to DPR by the Planning Commission.
  • (2) The review by the Riverfront Commission shall be advisory only to the permitting authority. Such advisory opinion shall be in writing and shall comply with all requirements of the regulations, including those for filing of records and decisions. The permitting authority may reject the advisory opinion of the Riverfront Commission, when considering the application before them.
  • (3) Land development projects. When a land development project is proposed within the riverfront districts, it shall be subject to review by the Riverfront Commission prior to review by the permitting authority.
    • (a) Scope of review. The review by the Riverfront Commission shall be advisory only to the permitting authority. Such advisory opinion shall be in writing and shall comply with all requirements of the regulations. The permitting authority may reject the advisory opinion of the Riverfront Commission, when considering the application before them.

[Amended 12-20-2023 by Ch. No. 3287]

The review by the permitting authority shall be based upon the criteria set forth in § 410-15.1I, and in addition:

• A. The plans for such project comply with all the requirements of this article.

• A. RD1 - Riverfront Public Open.
  • (1) All permitted public buildings shall be set back a minimum of 30 feet from the edge of the river.
  • (2) Buildings shalt be sited to maintain and maximize views of the river from any park or open space.
  • (3) Public art is permitted in the RD1 Riverfront Public Open District, provided that no structural element will block views of the river.
• B. RD2 - Riverfront Industrial.
  • (1) Existing nonconforming industrial uses shall not be permitted to expand or extend their operations in this zone. Any relief from this provision shall be required to meet the test of a use variance as provided in § 410-113 (Standards for relief), in this chapter.
  • (2) Buildings shall be set back a minimum of 15 feet from the edge of the river.
  • (3) Buildings shall be sited to maintain and maximize views of the river from the lot immediately facing the river.
  • (4) Buildings on lots that are outside the perimeter boundary of 200 feet of the river shall have the facade built directly on the build-to line along at least 70% of its length. The unbuilt portion of the build-to line shall have a landscaped edge of a minimum depth of four feet.
  • (5) Buildings on lots shall cover no more than 60% of the lot area.
  • (6) The maximum height shall be 40 feet, measured from the existing grade.
  • (7) Lot line setbacks shall equal the average prevailing setback of existing structures.
  • (8) Parking:
    • (a) For any building facing the river or within the perimeter boundary of 200 feet from the river, no parking spaces shall be located along that part of the building that is facing the river, and no parking spaces will be allowed within 25 feet of the river's edge.
    • (b) All parking lots are required to provide landscaping as required by § 410-78 of this Zoning Ordinance.
• C. RD3 - Riverfront Mixed Use.
  • (1) Existing nonconforming commercial uses shall not be permitted to expand or extend their operations in this zone. Any relief from this provision shall be required to meet the test of a use variance as provided in § 410-113 (Standards for relief), in this chapter.
  • (2) Buildings shall be set back a minimum of 15 feet from the edge of the river.
  • (3) Buildings shall be sited to maintain and maximize views of the river from the lot immediately facing the river.
  • (4) Buildings on tots that are outside the perimeter boundary of 200 feet of the river shall have the facade built directly on the build-to line along at least 70% of its length. The unbuilt portion of the build-to line shall have a landscaped edge of a minimum depth of four feet.
  • (5) New buildings on lots shall cover no more than 60% of the lot area.
  • (6) The maximum height shall be 40 feet, measured from existing grade.
  • (7) Lot line setbacks shall equal the avenge prevailing setback of existing structures.
  • (8) Parking:
    • (a) For any building facing the river or within the perimeter boundary of 200 feet from the river, no parking spaces shall be located along that part of the building that is facing the river, and no parking spaces will be allowed within 25 feet of the river's edge.
    • (b) All parking lots are required to provide landscaping (as required by § 410-78 of this Zoning Ordinance).

As a part of DPR or LDP approval, the following improvements, among others as specified in this chapter and the Regulations, may be required;

• A. Sidewalks or easements for future sidewalks to connect buildings within the site to adjacent sites and to the river. Where the development is in proximity to a bicycle path, adequate bicycle pathway connections and bicycle racks.
• B. Construction of travel lanes to permit travel on the site and to and from adjacent parking areas and adjacent property or, where deemed necessary, a separation between parking areas.
• C. Connection wherever possible of all walkways, travel lanes and driveways with similar facilities in adjacent developments and along the river.
• D. Adequate drainage system for the disposition of storm and natural waters without negatively impacting the river.
• E. Temporary and permanent erosion and sedimentation control measures to protect the river and its banks.
• F. Screening, fences, walls, landscaped areas, planting strips and other landscaping treatment will enhance and buffer the premises and ensure compatibility with surrounding uses, but which will not obstruct the views of and from the river. The types, sizes, and methods of planting may be specified.
• G. The location of signs in relationship to overall plan.
• H. Mitigation of negative impacts and performance or maintenance guarantees as deemed necessary and appropriate.

• A. An applicant, or any aggrieved party, may appeal a decision of the Riverfront Commission to Providence County Superior Court within 20 days of the filing of the decision of the Riverfront Commission with the Director.

  [Amended 12-20-2023 by Ch. No. 3287]

  • (1) The appeal shall be heard in the same manner and pursuant to the same procedures as an appeal from the Planning Commission, as set forth in Chapter 23 of Title 45 of the General Laws of Rhode Island (as amended).
• B. No appeal may be taken from an advisory opinion of the Riverfront Commission.

[Added 6-23-1999 by Ch. No. 2531; amended 12-20-2023 by Ch. No. 3287]

• A. Purpose. It is the purpose of this article to establish procedures pursuant to the permitting process which will enable the City to perform a comprehensive review of certain proposed developments. The development plan review (DPR) procedure shall not be used to deny an applicant a permitted use of the property as established by the Zoning Ordinance. The particular uses requiring development plan review are outlined. The development plan review requirements of this article are designed to assure safe, orderly and harmonious development of property in a manner that shall:
  • (1) Provide suitable safeguard and consideration for land use and site architectural design that is compatible with adjacent districts and uses;
  • (2) Permit development to an extent commensurate with the availability and capacity of public facilities and services and promote the safe circulation of traffic throughout the City;
  • (3) Preserve and protect natural resources and features and encourage consideration of environmental impacts and mitigative measures;
  • (4) Encourage the provision of open space and public access and give due consideration to the quality and design of landscaping;
  • (5) Encourage adequate consideration for the proper control of erosion, surface and subsurface drainage and pollution;
  • (6) Facilitate orderly harmonious site development including safe and convenient provision and design of egress and ingress, off-street parking, truck loading, internal circulation, emergency access, refuse disposal outdoor storage, signage and lighting;
  • (7) Preserve natural, historical, and cultural resources to the maximum extent feasible;
  • (8) Protect appropriate vistas and environmental qualities of the City;
  • (9) Assure consideration of the various elements of the comprehensive plan of the City.
• B. Applicability. No permit to build, alter or expand any of the uses requiring development plan review as outlined below shall be issued by the Building Official until a written statement of final approval in accordance with this article has been received. The applicant is responsible for obtaining a building permit through the Zoning and Code Enforcement Office as required by City ordinances. The applicant must submit all plans and documents normally required for a building permit. The approved final plan shall be part of this submission. The development plan review process will not preclude the need to meet other City requirements as they may apply to a particular development. No alteration to any City ordinance requirements, or any necessity to gain approval by another legal jurisdiction shall be deemed to be authorized or granted by virtue of the development plan review under this article.
• C. Coordination with other reviews.
  • (1) Applications under this article which require relief which qualifies only as a modification shall proceed by filing an application and a request for a modification to the Director of Zoning and Code Enforcement in accordance with § 410-97.1. If such modification is granted the application shall then proceed to be reviewed by the designated permitting authority as determined in this article. If the modification is denied or an objection is received as set forth in § 410-97.1C, such application shall proceed under unified development review and be reviewed by the City Planning Commission or Joint Planning Commission as appropriate.
  • (2) Applications under this article which require a special use permit or a variance. The development plan review process must be conducted by the City Planning Commission or Joint Planning Commission under unified development review as appropriate, and a request for the review shall accompany the preliminary Development Plan Review application.
• D. Development plan review process. Development plan review consists of two review processes, administrative and formal. A development subject to formal DPR shall not be subject to administrative DPR.
  • (1) Administrative development plan review consists of one stage of review and the authorized permitting authority is the Administrative Officer.
  • (2) Formal development plan review consists of the preliminary stage and final stage of review.
  • (3) The Administrative Officer may combine the stages of review for formal development plan review, providing that the submission requirements of both stages of review are met by the applicant to the satisfaction of the Administrative Officer.
• E. Development plan review thresholds. Applications for development shall be reviewed in accordance with the following thresholds. Any application for a major subdivision that meets the minimum for a land development project as defined by the City of Pawtucket shall be subject to the review procedures provided for those activities and shall not require development plan review. A development subject to development plan review shall not otherwise be classified as a land development project. Specific zoning districts may have alternative requirements for development plan review. The requirements of those districts shall govern.
  • (1) Formal development plan review required by the City Planning Commission or Joint Planning Commission as appropriate unless assigned to a technical review committee elsewhere in this chapter:
    • (a) Any development exceeding the thresholds for administrative development plan review.
    • (b) Any application that is referred to the City Planning Commission or Joint Planning Commission as appropriate by the Administrative Officer or the Zoning Board of Review.
    • (c) Unified development review applications.
  • (2) Administrative development plan review required by the Administrative Officer:
    • (a) Construction of any new residential structure or conversion of any existing structure to residential consisting of nine units or less.
    • (b) Construction of any new commercial or industrial primary structure less than or equal to 10,000 square feet of gross floor area.
    • (c) Accessory structures exceeding 150 square feet of gross floor area.
    • (d) An expansion of up to 50% of existing floor area or up to 10,000 square feet for commercial, manufacturing or industrial structures.
    • (e) Mixed-use development consisting of up to six dwelling units and 2,500 gross square feet of commercial space or less.
    • (f) An adaptive reuse project of up to 25,000 square feet of gross floor area located in a nonresidential zone where no extensive exterior construction of improvements is sought.
    • (g) An adaptive reuse project located in a residential zone which results in less than nine residential units.
    • (h) Electric, gas, water, and irrigation stations and structures that are part of a public utility system.
    • (i) Any permitted use that is specifically referred in writing to the Administrative Officer by the Building Official or the Director of Zoning and Code Enforcement.
• F. Certification.
  • (1) The application shall be certified, in writing, complete or incomplete by the Administrative Officer within 25 days. If no street creation or extension is required, and/or unified development review is not required, the application shall be certified complete or incomplete by the Administrative Officer within 15 days.
  • (2) The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission.
  • (3) If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth in writing with specificity the missing or incomplete items.
• G. Application review and decision.
  • (1) Administrative development plan review. An application shall be approved, denied, or approved with conditions within 25 days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and Administrative Officer.
  • (2) Formal development plan review.
    • (a) Preliminary plan. Unless the application is reviewed under unified development review, the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 65 days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority.
    • (b) Final plan. For formal development plan review, the permitting authority shall delegate final plan review and approval to the Administrative Officer. The Administrative Officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. Final plan shall be approved or denied within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.
  • (3) Failure to act. Failure of the permitting authority to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the Administrative Officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.
  • (4) Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this chapter, is submitted for signature and recording. Validity may be extended for an additional period upon application to the Administrative Officer or permitting authority, whichever entity approved the application, upon a showing of good cause.
  • (5) Changes to plans.
    • (a) Minor changes to the plans approved at any stage may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without an additional permitting authority meeting, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the Administrative Officer from requesting recommendation from the permitting authority. Minor changes are described in the Land Development and Subdivision Regulations.
    • (b) Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change.
    • (c) Major changes to the plans approved at any stage may be approved only by the permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing. Major changes are described in the Land Development and Subdivision Regulations.
    • (d) The Administrative Officer shall notify the applicant in writing within 14 days of submission of the final plan application if the Administrative Officer determines that there has been a major change to the approved plans.
• H. Waivers.
  • (1) Requirements for development plan approval may be waived where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the permitting authority identified in this article, finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements.
  • (2) The application for a waiver of development plan approval review shall include documentation on prior use of the site, the proposed use, and its impact.
• I. Criteria for approval. The City Planning Commission or the permitting authority shall review the application and supporting documentation and shall issue development plan approval (including appropriate revisions and conditions), provided that the applicant has proved to the Commission/permitting authority that the following criteria will be met:
  • (1) The design of the proposed development will be consistent with the goals of the City Comprehensive Plan and will implement the purposes of development plan review;
  • (2) The proposal complies with all applicable provisions within the Zoning Ordinance;
  • (3) The plans for such project provide sufficient designs to all dimensional standards, including, but not limited to, parking and circulation, to ensure the health and safety of Pawtucket residents and visitors;
  • (4) The proposal complies with all submittal requirements listed for development plan review within the Land Development and Subdivision Regulations;

    Editor's Note: Said regulations are on file in the City offices.

  • (5) The proposal is designed to meet all applicable required improvements and design standards as provided in the Land Development and Subdivision Regulations.

    Editor's Note: Said regulations are on file in the City offices.

  • (6) Any conditions or restrictions that are necessary to ensure that these criteria have been met have been incorporated into the written approval.
• J. Appeals.
  • (1) Appeals to Providence County Superior Court may be taken by a person aggrieved by any final action of the permitting authority pursuant to the provisions of this section. Such appeal shall be taken within 20 days of recording and posting of the decision with the City Clerk. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.
• K. Interpretation, conflict, and severability.
  • (1) In their interpretation and application, the provisions of this article shall be held to be the minimum requirements. More stringent requirements may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
  • (2) Where the Administrative Officer or the Commission recognizes the design standards of this article cannot be fully met, the Administrative Officer or the Commission has the authority to approve development plans incorporating a balance of the design standards in a manner which maximizes the achievement of the stated objectives of this article. Compensating amenities and features exceeding standards and objectives must be identified within such a development plan. The Administrative Officer or the Commission shall address these offsetting features in writing as part of its statement of final decision.
  • (3) Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this article or of any other applicable law, ordinance resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
  • (4) The provisions of this article are severable. If a section, sentence, clause, or phrase of this article is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this article.

[Added 8-25-2004 by Ch. No. 2739]

• A. No land development, or alteration of land, including but not limited to trenching, excavation, topsoil removal, or tree removal shall be undertaken without the approval of the Department of Planning and Redevelopment, except for said activities that affect less than 10% of the lot area, or activity which is associated with work authorized by the Division of Zoning and Code Enforcement for which a permit has been issued.
• B. Site activities other than those exempted will require the submission of a site plan to the Department of Planning and Redevelopment which details measures for stormwater management, erosion and sediment control, existing and proposed topography, paved areas, flood zone information and boundary lines and markers.

[Added 9-12-2013 by Ch. 3037]

Editor's Note: This legislation also repealed former Art. IV, Flood Hazard Districts, as amended in its entirety 7-9-2009 by Ch. 2924.

The purpose of this article is to ensure public safety; to 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. The City of Pawtucket elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

[Amended 9-29-2015 by Ch. No. 3079; 5-21-2026 by Ch. No. 3330]

• A. Special flood hazard areas. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the City of Pawtucket designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Providence County FIRM that are wholly or partially within the City of Pawtucket are panel numbers: 44007C0213H, 44007C0214H, 44007C0306H, 44007C0327H, 44007C0307J, 44007C0326J, dated October 2, 2015; and 44007C0193J, 44007C0194K, dated June 23, 2026. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated June 23, 2026. The Department of Planning and Redevelopment is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Building Official, Planning Department and Engineering Department.
• B. Administrative provisions.
  • (1) Building permit.
    • (a) All proposed construction or other development within a special flood hazard area shall require a permit.
    • (b) The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other nonstructural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore, if another state agency issues a permit, the local Building Official must have the opportunity for input and keep a copy of the respective permit in his/her files.
    • (c) 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.
    • (d) A permit fee (based on the cost of the construction) may be required to be paid to the City of Pawtucket 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 needs the assistance of a professional engineer.
  • (2) Disclaimer of liability. The degree of flood protection required by this article is considered reasonable but does not imply total flood protection.
  • (3) Severability. If any section, provision, or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of this article shall not be affected.
  • (4) Abrogation and greater restriction. This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this article imposes a greater restriction, the provisions of this article shall control.
  • (5) Enforcement. The Building Official shall enforce all provisions as applicable in reference to R.I.G.L. § 23-27.3-108.1.
  • (6) Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in R.I.G.L. § 23-27.3-122.3.
  • (7) Record keeping. The City's Planning and Zoning Departments shall maintain all records of permits for development in the special flood hazard area, including but not limited to: elevation certificates, building permits, construction drawings, substantial improvements, substantial damages, floodproofing and variances.

• A. In a riverine situation, the Director of Planning and Redevelopment shall notify the following of any alteration or relocation of a watercourse:
  • (1) Adjacent communities.
  • (2) Bordering states (optional).
  • (3) NFIP State Coordinator, Rhode Island Emergency Management Agency, 645 New London Avenue, Cranston, RI 02920.
  • (4) Risk Analysis Branch, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
• B. The carrying capacity of the altered or relocated watercourse shall be maintained.

[Amended 5-21-2026 by Ch. No. 3330]

• A. Compliance with existing regulations.
  • (1) The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with the following:
    • (a) Rhode Island State Building Code (as established under R.I.G.L. § 23-27.3);
    • (b) Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (R.I.G.L. § 46-23);
    • (c) Endangered Species Act, Rhode Island Department of Environmental Management (R.I.G.L. § 20-1-2);
    • (d) Freshwater Wetlands Act, Rhode Island Department of Environmental Management (R.I.G.L. § 2-1-18);
    • (e) Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (R.I.G.L. §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1 and 46-13.2);
    • (f) Water Quality Regulations, Rhode Island Department of Environmental Management (R.I.G.L. §§ 42-17.1 and 42-17.6 and 46-12).
  • (2) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance pursuant to Rhode Island State Building Code, Appendix G, Section G105, Variances.
• B. Development standards:
  • (1) Encroachment in A1-30, and AE Zones. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Providence County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
  • (2) 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 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.
  • (3) 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.
  • (4) 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.
  • (5) Construction methods and practices should be used that minimize flood damage.
  • (6) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities designed and/or located to prevent water entry to accumulation.
  • (7) Onsite waste disposal systems are to be designed to avoid impairment or contamination of the floodway.
  • (8) New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration.
  • (9) Base flood elevation and floodway data.
    • (a) Floodway data in Zones without an Established Regulatory Floodway. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
    • (b) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
    • (c) Base flood elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.
    • (d) Flood elevation in coastal high hazard areas. When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AH Zones, AO Zones, A99 Zones, and A Zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the community shall: obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement.
  • (10) Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
  • (11) No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.
• C. Subdivision proposals in the special flood hazard area.
  • (1) All subdivision proposals must be designed to assure that:
    • (a) Such proposals minimize flood damage;
    • (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
    • (c) Adequate drainage is provided to reduce exposure to flood hazards.
• D. Specific standards.
  • (1) Drainage in AH and AO Zones. Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
  • (2) Residential structures in the AO Zones. Within Zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.
  • (3) Residential structures in the A, A1-30, AE, and AH Zones. Require that all new construction and substantial improvements of residential structures within Zones A1-30, AE, and AH Zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements; and
    • (a) Have fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and which is subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters.
  • (4) Non-residential structures in the A, A1-30, AE, and AH Zones. Require that all new construction and substantial improvements of non-residential structures within Zones A1-30, AE, and AH Zones on the community's FIRM:
    • (a) Have the lowest floor (including basement) elevated to or above the base flood level and have fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and which is subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters; or
    • (b) Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
      • [1] A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice.
  • (5) 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 has a value less than $1,000.
    • (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 not in the floodway.
    • (d) The structure is not used for storage of hazardous materials.
    • (e) The structure is used solely for parking of vehicles and/or limited storage.
    • (f) The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.
    • (g) The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
    • (h) Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
    • (i) The structure must not increase the flood levels in the floodway.
  • (6) 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 which a manufactured home has incurred substantial damage as a result of a flood.
    • (b) In a new manufactured home park or subdivision, 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 placed on sites within a SFHA shall either:
      • [1] Be on the site for fewer than 180 consecutive days; and
      • [2] Be fully licensed and ready for highway use (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); or
      • [3] Be elevated and anchored. Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.
  • (7) Additional construction standards in coastal V Zones.
    • (a) Residential and nonresidential construction. In V1-30, VE, and V Zones, the elevation of the bottom of the lowest horizontal structural member of the lowest floor of all new and substantially improved structures shall be obtained and maintained. Further, all new construction, substantial improvements:
      • [1] Shall be elevated and secured to anchored pilings or columns so that the bottom of the lowest horizontal structural member is at or above the base flood elevations (BFE).
      • [2] Shall be certified by a registered professional engineer/architect that the design and methods of construction meet elevation and anchoring requirements.
      • [3] Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage.
      • [4] Shall not utilize fill for structural support.
    • (b) In V1-30, VE, and V Zones, require that all new construction on the community's FIRM is located landward of the reach of mean high tide.
  • (8) 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 Subsection D(8)(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 crawlspace, 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
    • (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) The space below the lowest floor:
      • [1] Free of obstructions as described in FEMA Technical Bulletin 5, "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Areas in Accordance with the National Flood Insurance Program"; or
      • [2] Constructed with open wood latticework, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system; or
      • [3] Designed with an enclosed area less than 300 square feet that is constructed with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.

Unless specifically defined below, words and phrases used in this article pertain to floodplain management, have the same meaning as they have in common usage and to give this article 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.

BASE FLOOD ELEVATION (BFE) — The elevation of the crest of the base flood or one-hundred-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), 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 a building having its floor subgrade (below ground level) on all sides.

BUILDING — See definition for "structure."

COASTAL A ZONE — Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

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, costs to correct code violations subsequent to a violation notice, 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 other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

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 home 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 manufacturing 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).

FLOOD INSURANCE RATE MAP (FIRM) — The official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

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.

FLOODPROOFING — Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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 a designated height. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."

FREEBOARD — A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE OR FACILITY — A use 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 shipbuilding and ship repair facilities.

HIGHEST ADJACENT GRADE (HAG) — 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:

• A. 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;
• B. 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;
• C. 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
• D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
  • (1) By an approved state program as determined by the Secretary of the Interior; or
  • (2) Directly by the Secretary of the Interior in states without approved programs.

LIMIT OF MODERATE WAVE ACTION (LiMWA) — An advisory line indicating the limit of the 1.5 foot wave height during the base flood.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of § 60.3.

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 "manufactured home" does not include a recreational vehicle.

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.

NEW CONSTRUCTION — Structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community 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:

• A. Built on a single chassis;
• B. Four hundred square feet or less when measured at the largest horizontal projection;
• C. Designed to be self-propelled or permanently towable by a light duty truck; and
• D. 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. After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "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. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a manufactured home.
• B. For insurance purposes, means:
  • (1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
  • (2) A manufactured home, also known as a "mobile home," is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
  • (3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.
• C. For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in Subsection B(3) of this definition, or a gas or liquid storage tank.

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

SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

• A. Any project 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 the 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 compliant with the community's Floodplain Management Ordinance. Construction 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.

• A. The City of Pawtucket, Rhode Island hereby declares the establishment of an Historic District Commission to be a public purpose which is in the interest of health, safety and general welfare of the people of Pawtucket and the overall betterment of the community.
• B. This Article is intended to accomplish the following objectives:
  • (1) Safeguard the heritage of the City by preserving individual structures and historic districts in the City that reflect the special elements of Pawtucket's cultural, social, economic, political, and architectural history.
  • (2) Maintain property values in such historic districts.
  • (3) Foster neighborhood pride and appeal to families who desire to live in an orderly urban environment.
  • (4) Strengthen the local economy through tourism.
  • (5) Promote the use of and growth of historic districts for the education, pleasure and welfare of the citizens of Pawtucket.

The City of Pawtucket shall have the authority, as provided for in the R.I.G.L § 45-24.1-2, to establish, change, layout and define districts which are deemed to be of historical or architectural value in the same manner as cities and towns are presently empowered to establish or change areas and classifications of zoning.

[Amended 12-20-2023 by Ch. No. 3287]

As used in this article, the following terms shall have the following respective meanings unless a different meaning clearly appears from the context:

ALTERATION — An act that changes one or more of the exterior architectural features of a structure 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 Historic District Commission established under this Article indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within an historic district. "Appropriate for the purposes of passing upon an application for a certificate of appropriateness" means not incongruous with those aspects of the structure, appurtenances or the district which the Commission has determined to be historically or architecturally significant.

CITY — The City of Pawtucket, Rhode Island.

COMMISSION — The Historic District Commission of the City.

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 geographic area of a City or town as designated by ordinance of the City or town pursuant to Chapter 45-24.1. of the Rhode Island General Laws. An "historic district" may include one or more structures.

REHABILITATION — The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.

REMOVAL — A relocation of a structure on its present 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 the purposes of this chapter, the boundaries of Historic Districts shall be identified by ordinance and shown on maps entitled "City of Pawtucket Zoning Map," which is filed in the office of the City Clerk. Historic districts and individual structures will be delineated on the City of Pawtucket official Zoning Maps.
• B. Historic property owned by the City of Pawtucket within the boundaries of designated Historic Districts shall not be exempt from the provisions of this chapter.

• A. Establishment. Subject to the Rhode Island General Acts and Procedures prescribed hereunder, there is hereby created an Historic District Commission, hereafter called the "Commission," to carry out the purposes of this chapter.
• B. Appointment. The Commission shall consist of seven members, residents of the City of Pawtucket, to be appointed by the Mayor of Pawtucket and confirmed by the City Council of Pawtucket. Members shall be appointed for a term of three years, except that the initial appointment of two members shall be for one year, two members for two years and three members for three years. Members may be eligible for reappointment. No more than two members of the Commission shall reside in or own property in the same National Register Historic District.

  [Amended 10-23-1997 by Ch. No. 2470]

• C. Auxiliary member. The Mayor of the City of Pawtucket, subject to the approval of the City Council, shall have the right to name an additional or eighth member of the Historic District Commission of the City to sit as an active member upon the request of the Chairperson of the Commission, when and if a member of the Commission is unable to serve at any meetings or hearings.
• D. Qualifications. Members of the Commission shall have a demonstrated interest in either historic preservation, architectural history, planning, archaeology, historic construction, neighborhood improvement, architecture or local history, with no fewer than three members having expertise in one of these areas. Duly organized and existing preservation and neighborhood organizations may present to the appointing authority a list of qualified citizens from which list the appointing authority may select members.
• E. Organization. The Commission shall organize annually and by election shall select from its membership a Chairperson, Vice Chairperson and Secretary and shall adopt rules of procedure deemed necessary in discharging its duties. The Commission shall meet no fewer than four times a year.
• F. Transaction of business. The meetings of the Commission shall be open to the public. Any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the Commission reaches a decision.
• G. Keeping of records. The Commission shall appoint a Secretary who shall record the minutes of the meeting. The records of the Commission shall be available for public inspection in accordance with all applicable federal, state and local laws and regulations at the offices of the Department of Planning and Redevelopment and at the City Clerk's office. Technical assistance to the Commission shall be provided, as requested, from the City Department of Planning and Redevelopment.

• A. Surveys. The Historic District Commission may undertake studies and surveys to identify and evaluate historic properties in the City of Pawtucket to identify neighborhoods, areas, sites, structures and objects that have historic, community, architectural or aesthetic importance, interest or value. As part of the survey, the District Commission shall review and evaluate any prior surveys and studies of any unit of government or private organization.
• B. Criteria for consideration of nomination.
  • (1) The Historic District Commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure or area meets one or more of the following criteria:
    • (a) Its character, interest or value as part of the development, heritage or cultural characteristics of the nation, state or City.
    • (b) Its location as a site of a significant local, county, state or national event.
    • (c) Its identification with a person or persons who significantly contributed to the development of the nation, state or City.
    • (d) Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.
    • (e) Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community or state.
    • (f) Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant.
    • (g) Its embodiment of design elements that make it structurally or architecturally innovative.
    • (h) Its unique location or singular physical characteristics that make it an established or familiar visual feature.
    • (i) Its character as a fine or unique example of a utilitarian structure, including but not limited to commercial structures, with a high level of integrity or architectural significance.
    • (j) Its suitability for preservation or restoration.
  • (2) Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration.
• C. Nomination of Historic Districts. Nominations for Historic Districts shall be completed by the applicant on a Commission Property Nomination Form and may be submitted by the Historic District Commission, a property owner of record, the City Council or any other person or organization.
• D. Notification and public hearing. The Pawtucket Historic District Commission shall schedule a public hearing on all districts whose nomination form is completed in proper form. Notice of the date, time, place and purpose of the public hearing shall be sent to the owner of record and the nominating person or organization at least seven days prior to the date of the hearing.
• E. Historic District Commission procedure. The Historic District Commission shall, within 60 days after the public hearing, adopt by resolution a recommendation that the nominated structure or Historic District does meet the criteria for designation in Subsection B of this section. Nominated properties shall have a letter of consent from the owner or trustee on file with the Commission. The resolution shall be accompanied by a report to the City Council and City Planning Commission containing the rationale for approving any nomination.

  [Amended 10-23-1997 by Ch. No. 2470]

• A. Reviewable actions. The Historic District Commission shall review all plans for new construction on any existing lot or lots, including any construction, alteration, removal or demolition of a structure affecting the exterior appearance of any designated structure within an Historic District. The Historic District Commission shall have the power to review and approve such plans before a building or demolition permit is issued.

  [Amended 9-9-2010 by Ch. No. 2947]

• B. General procedures.
  • (1) Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated Historic District, the owner must apply for and receive a certificate of appropriateness from the Commission.
  • (2) A certificate of appropriateness is necessary for all window replacements and all construction, alteration, repair, removal or demolition requiring a building permit. The Director may not issue a building permit until the Commission has issued a certificate of appropriateness.

    [Amended 8-25-2004 by Ch. No. 2739]

  • (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 certificates of appropriateness shall be filed with the Commission at the Department of Planning and Redevelopment, whose staff shall determine if such application is complete and who shall forward complete applications, together with all maps, plans and other data to the Commission for review. Incomplete applications shall be returned to the applicant within seven working days of receipt of the Department of Planning and Redevelopment.
  • (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 as set forth in the Commission's rules and regulations.
• D. Commission's review of applications.
  • (1) In reviewing applications and plans, the Commission shall give consideration to:
    • (a) The historical and architectural significance of the structure and its appurtenances.
    • (b) The way in which the structure and its appurtenances 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.
  • (2) The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.
  • (3) The Commission shall use the standards contained in the publication Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the Secretary of the Interior as its primary guide.
  • (4) All decisions of the Commission shall be in writing. The Commission shall articulate and explain the reasons and basis of each decision on 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.

[Amended 9-9-2010 by Ch. No. 2947]

• A. Demolition is defined in the chapter as "the act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same." In addition to complete demolition of a building, the following actions may require a demolition permit.
  • (1) Removal of a roof (for example, raising the overall height of a roof, rebuilding the roof to a different pitch, or adding another story to a building);
  • (2) Removal of one side of a building;
  • (3) Gutting of a building's interior to the point where exterior features (windows, etc.) are impacted; and
  • (4) Removal of more than 25% of a structure.
• B. In order to preserve the historic fabric of the City, demolition of historic properties shall be discouraged. When reviewing an application for a certificate of appropriateness to demolish an historic structure or appurtenance, the HDC shall consider the following criteria, in addition to the provisions of the adopted Standards and Guidelines.
  • (1) A "significant historic building" is one that is at least 50 years old and is listed on the National Register of Historic Places, or is eligible for listing on the National Register of Historic Places, or is a designated landmark, or is in the local historic district, or is determined by a majority of the Commission to be "importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the City or the state, or historically or architecturally significant (in terms of period, style, method of building construction or association with a famous architect or builder) either by itself or in the context of a group of buildings." A determination that a significant building is "preferably preserved" (relative to the proposed replacement structure) is made if a majority of the Commission finds that it is in the public interest that the building should be preserved.
  • (2) In the case of an application for removal or demolition affecting the exterior appearance of a structure or its appurtenances, the Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
• C. When considering an application to demolish or remove a significant historic building, the Commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site.
• D. 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.
• E. Procedure.
  • (1) Within seven days of receipt of a certificate of appropriateness application for demolition for a building or structure which is 50 years or older, the Director shall forward a copy of this application to the Commission. No demolition permit should be issued at that time, and no demolition may occur.
  • (2) Application requirements for Commission review of proposed demolition: A completed certificate of appropriateness application and demolition permit application shall be submitted to the Historic District Commission (HDC). Application forms can be obtained from the Zoning and Code Enforcement and Department of Planning offices. The application forms must be signed by the record owner and must be accompanied by a site plan that indicates the location of the structure and the extent of demolition. (Information about the contractor and disposal of debris need not be provided in order to initiate HDC review, though the information will be required by Zoning before a demolition permit will be issued). Upon receipt of a completed application, the HDC staff will make an initial determination of significance and, if necessary, schedule the case for the next available HDC meeting.
    • (a) An application that requires review by the Historic District Commission must be accompanied by six sets of the following supplemental materials:
      • [1] Dimensioned engineered site plan of existing conditions and of the proposed replacement project. The site plan should indicate the relationship to the surrounding structures and properties.
      • [2] Schematic elevation drawings of the existing building and the proposed replacement project (can be indicated on the same drawing). Dimensions and construction materials should be indicated. Elevations that demonstrate the relationship to neighboring structures are preferred. (This requirement may be waived at the discretion of the Director).
      • [3] Any application for a project that also requires zoning relief (variance or special permit) must include the Zoning Board of Appeals application.
    • (b) The following additional materials may be submitted with the application, but are not required to complete the application:
      • [1] Engineer's report or other report on the condition of the structure.
    • (c) Supplemental application materials should not exceed 11 inches by 17 inches in size. The Historic Commission does not charge an application fee, but we do require that six copies of the supplemental materials be submitted with the application
  • (3) Within 30 days from the Commission's receipt of a complete demolition permit application, the Commission shall determine whether the structure is a significant historic structure. If the Commission determines the building or structure is not considered significant, the Commission shall so notify the Director in writing and the Building Commissioner may issue a demolition permit. If the building or structure is determined to be significant, the Commission shall so notify the owner and the Director in writing, and the Director shall not issue a demolition permit for a period of six months from the date of the application, unless the Commission informs the Director prior to the expiration of said six months that the applicant for the demolition has made a reasonable but unsuccessful effort to locate a purchaser for the building or structure, or one who is willing to preserve, rehabilitate or restore the building or structure, or has agreed to accept a demolition permit on specified conditions approved by the Commission. If the Commission does not determine that the building or structure is considered significant within 30 days of the Historic Commission's receipt of a complete demolition permit application, the Director may issue a demolition permit.
• F. Emergency demolition.
  • (1) The Commission shall approve an application for demolition when, in the opinion of the Director, Fire Chief or the Public Safety Director, the building constitutes a hazard to public safety.
• G. Unless the Commission votes to issue a certificate of appropriateness for such construction, alteration and repair, removal and demolition, the Commission shall file with the Director its rejection of such application.
• H. In the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.
• I. In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Commission may file with the Director its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under Subsection H are in existence, or 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.
  • (3) The preservation of such structure would not be in the best interest of the majority of the community.
• J. Photographic documentation. Prior to the issuance of an demolition permit for any significant historic building, the applicant must provide photographic documentation. The requirements and guidelines for this documentation that have been approved by the Commission are on file with the Department of Planning and Redevelopment.

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 than 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 City, its agencies, boards, commissions, staff and the City 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 ordinary 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 or appearance of the structure or its appurtenances; nor shall anything in this article be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the Director prior to the passage of such article.

[Amended 12-20-2023 by Ch. No. 3287]

Any person or persons jointly or severally aggrieved by a decision of the Historic District Commission has the right to appeal the decision to the Zoning Board of Review and a further right of appeal from the Zoning Board to the Superior Court in the same manner provided in R.I.G.L. § 45-24-69 and from the Superior Court by writ of certiorari. 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 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 Commission.

• A. Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a violation. Any person who violates this article or who fails to comply with any of its requirements shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

  [Amended 5-24-2018 by Ch. No. 3160]

• B. Nothing herein contained shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violations.

The following actions are exempt from review of the Historic District Commission:

• A. Painting: preparation, materials or colors.
• B. Decorating: holiday or other.
• C. Normal landscaping, including shrubs, trees, flowers, window flower boxes and other plantings; also exterior lighting and flags and flagpoles.
• D. Repair of any existing walkway, driveway, wall, fence or terrace in the same location and with the same materials.
• E. Window air-conditioning units.
• F. Temporary structures or signs used for special events and whose duration will not exceed any guidelines established by the Commission.
• G. The reconstruction, in the same design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided that such reconstruction is begun within one year and is continued to completion without substantial interruption.
• H. Storm doors, storm windows and canvas awnings.
• I. All ordinary maintenance and repair of any of the existing features or building that does not involve a change in design, materials or the outward appearance.
• J. The removal of deteriorated, damaged or dangerous building features, provided that unapproved new ones are not installed. This includes but is not limited to porches, stairs, shutters, porticoes, car parks, fences and walls.

[Added 8-21-2008 by Ch. No. 2896]

• A. The purpose of a MBRD is to allow the redevelopment of industrial sites for mixed use development through careful site planning.
• B. This article is intended to accomplish the following objectives:
  • (1) Promote the appropriate reuse of the mill structures in the City built before 1950;
  • (2) Provide for expanded economic redevelopment of the mill structures in the City; and
  • (3) Promote mixed use of the mill complexes remaining in the City to ensure their viability.
• C. Any MBRD District may contain one or more manufacturing and/or commercial structures, accessory buildings, common areas, open space and roadways.

[Amended 8-20-2009 by Ch. No. 2928; 10-12-2023 by Ch. No. 3280; 12-20-2023 by Ch. No. 3287]

• A. Establishment. A reuse development may be established upon development plan review or land development project approval in accordance with Article IIIA of this chapter for any mill listed in the Pawtucket Mill Building Survey dated 1995 and on file in the Department of Planning and Redevelopment, in any MB or MO Zone in which the proposed use of each building is permitted in accordance with Table of Use Regulations of this chapter and Article VA.

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

• B. Permitted uses. Uses permitted by right in the MB or MO Zone and the following uses, listed by Table of Use Regulations category, are permitted in a Mill Building Reuse District:

  Use Table Reference Number	Use
  1.	Residential uses: D, L and O;
  6.	Neighborhood commercial uses; A, B, and C;
  7.	General commercial uses: A, B, and F
  8.	Personal services: A, E, F, and G;
  10.	Offices uses: A, B and C.

• C. Conditional uses. Uses permitted by special use permit in the MB or MO Zone and the following uses, listed by Table of Use Regulations category, are permitted in a Mill Building Reuse District:

  Use Table Reference Number	Use
  5.	Public, semipublic, education and recreation uses: C, N, O, P, Q, and R;
  7.	General commercial uses: D

• D. Additional criteria for approval. The approval of a reuse development shall be based upon the criteria set forth in § 410-15.1I, and in addition:
  • (1) That the reuse development is not displacing an active manufacturing and or industrial use and that there is no reasonable expectation that manufacturing will continue at the site.
  • (2) The reuse development will not create a serious conflict with adjacent manufacturing and or industrial businesses in the MO and MB Zones.
  • (3) The developer has a plan to notify all tenants and owners of the buildings and units in the reuse development that they are in a MO or MB Zone and that allowed industrial zone uses that may be perceived as a nuisance or otherwise obnoxious shall give them no cause for action against such industrial and or manufacturing activity.
  • (4) The plans for the reuse do not include the demolition of more than 25% of the existing structures.
• E. Review by the Pawtucket Historic District Commission.
  • (1) Proposed mill building reuse projects which are not participating in the federal or the Rhode Island Historic Tax Credit Program shall be reviewed by the Pawtucket Historic District Commission prior to a development plan review application being considered complete.
  • (2) Scope of review. The review by the Historic District Commission shall be advisory only to the permitting authority. Such advisory opinion shall be in writing and shall comply with all requirements of the regulations, including those for filing of records and decisions. The permitting authority may reject the advisory opinion of the Historic District Commission when considering the application before it or may incorporate the Historic District Commission's recommendations as conditions of the establishment of the Mill Building Reuse District.

[Added 8-9-2012 by Ch. No. 3007]

• A. Riverfront Commons District (RCD). The purpose of the Riverfront Commons District (RCD) is to encourage use and development of previously developed buildings, land, and/or sites by promoting flexibility in use and design being cognizant of its proximity to the Blackstone River.
• B. Qualification. On the date any parcel of land is placed into an RCD Zone, it shall be part of one or more parcels of land (separated only by public or private roadways or rights-of-way) containing a minimum of eight acres of land that is adjacent to the Blackstone River and that is under common control/ownership, unless otherwise waived by the City Council and the Planning Commission. The term "common control/ownership" means and relates to either one person or entity or separate entities in which the underlying ownership is held in part by one or more of the same person, persons or entities.

• A. Permitted uses.
  • (1) Uses currently permitted by right in the Commercial General (CG) Zone or Riverfront Mixed Use (RD3) Zones are permitted in the RCD Zone. The following uses, listed by Table of Use Regulations category, are also permitted in the RCD zone:

    [Amended 12-20-2023 by Ch. No. 3287]

    Use Table Reference Number	Use
    1.	Multi-residential use: D and L
    7.	General commercial uses: excluding C, Restaurant; D, Tavern; E, Drive-in; G, Nightclub; and H, Flea markets
    8.	Personal services: excluding C, Carpet cleaning; J, Massage therapy; R, Pawn shops; and Q, Check cashing
    9.	Business services: excluding E, Pest control
    10.	Office uses
    11.	General automotive repairs: A, B, C, G and I
    15.	Wholesale commercial uses
    19.	Industrial uses: D, F, H, O, P and S

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

  • (2) Existing nonconforming uses in an area being put in to the RCD Zone are allowed in the RCD Zone.
  • (3) Uses allowed by special use permit. Uses currently permitted by special use permit in the Commercial General (CG) Zone or Riverfront Mixed Use (RD3) Zone are permitted in the RCD Zone by special use permit (unless allowed by right above). The following uses, listed by Table of Use Regulations category, are also permitted in the RCD Zone by special use permit (unless allowed by right above):

    [Amended 12-20-2023 by Ch. No. 3287]

    Use Table Reference Number	Use
    19.	Industrial uses: AA

  • (4) Uses allowed as accessory uses. Uses currently permitted as accessory uses in the Commercial General (CG) Zone or Riverfront Mixed Use (RD3) Zone are permitted in the RCD Zone as accessory uses (unless allowed by right above). The following uses, listed by Table of Use Regulations category, are also permitted in the RCD Zone as accessory uses (unless allowed by right above):

    Use Table Reference Number	Use
    8.	Personal services: T, Pet overnight boarding

  • (5) In addition, the uses permitted in the Table of Use Regulations, 410 Attachment 1, as amended, are permitted in the RCD Zone and any uses added to the Commercial General (CG) or Riverfront Mixed Use (RD3) Zones shall also be added to and allowed in the RCD Zone.

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

• B. Additional criteria for approval.
  • (1) To approve any development activity in the RCD Zone, the permitting authority shall find that the application is consistent with the Comprehensive Plan and complies with the applicable sections of the Zoning Ordinance.

    [Amended 12-20-2023 by Ch. No. 3287]

  • (2) Parking. There is no minimum (or maximum) number of parking spaces in the RCD Zone. The parking design standards set forth in § 410-78 shall apply.
  • (3) Dimensional regulations. Dimensional regulations, as presented in Article VI, § 410-44, of the Pawtucket Zoning Ordinance as amended below for Riverfront Commons Zone, shall apply to the RCD Zone.
  • (4) Signs. Any permitted signs for Commercial Local, General and Downtown Zoning Districts and Riverfront Public Open, Riverfront Industrial and Riverfront Mixed Use Districts under § 410-88D and G and § 410-89, Shopping center signs, of the existing Pawtucket Zoning Ordinance are permitted in the RCD Zone, except that any electronic messaging centers (EMC signs) shall be allowed only by special use permit. All existing signage in place or permitted via variance or special use permit and yet to be built in an area being put into the RCD Zone is allowed in the RCD Zone.
  • (5) Riverfront Commission. The Riverfront Commission will serve in an advisory capacity to the permitting authorityin the RCD Zone. The review process shall occur concurrently. The procedural processes of the permitting authority shall govern.

    [Amended 12-20-2023 by Ch. No. 3287]

• C. Development design review process. All development in the RCD Zone shall be subject to development plan review in accordance with Article IIIA of thie chapter.

  [Amended 12-20-2023 by Ch. No. 3287]

[Added 5-10-2018 by Ch. No. 3154]

• A. Commercial Mixed Use (CMU). The purpose of the Commercial Mixed Use District is to encourage more active use and redevelopment of oversized multitenant commercial properties by promoting more flexibility of uses and design that is well suited for active economic activity along Newport Avenue.
• B. Qualification. On the date any parcel of land is placed into a CMU Zone, it shall be part of one or more contiguous parcels of land containing a minimum of 45,000 square feet of land that is adjacent to Newport Avenue and that are under common control/ownership, unless otherwise waived by the City Council and the Planning Commission. The term "common control/ownership" means and relates to either one person or entity or separate entities in which the underlying ownership is held in part by one or more of the same person, persons, or entities.

[Amended 12-20-2023 by Ch. No. 3287]

• A. Dimensional regulations. Dimensional regulations, as presented in Article VI, § 410-44, of the Zoning Ordinance, as amended below for the Commercial Mixed Use Zone, shall apply to the CMU Zone.
• B. Permitted uses.
  • (1) Uses permitted by right in the Commercial General (CG) Zone are permitted in the CMU Zone.
    • (a) The following uses, not listed in the Table of Use Regulations, are also permitted in the CMU Zone:
      • [1] Kiosk, freestanding exterior.
      • [2] Outdoor retail - accessory.
      • [3] Data processing facility.
  • (2) Uses allowed by special use permit in the Commercial General (CG) Zone are permitted by special use permit in the CMU Zone, unless allowed by right above.
  • (3) Uses permitted as accessory uses in the Commercial General (CG) Zone are permitted in the CMU Zone.
  • (4) Use 18H, Rental storage space, shall not be permitted in the CMU Zone.
  • (5) Use 11G, Automobile, truck and motorcycle sales, shall be limited to the display of a maximum of 10 vehicles in the CMU Zone.
• C. Number of buildings on a lot. More than one commercial or mixed-use primary structure located on a single lot is permitted in the CMU Zone.
• D. Signs. Any permitted signs for the Commercial General (CG) Zone and shopping center signs as set forth in §§ 410-88 through 410-90 shall be permitted in the CMU Zone. Any electronic messaging centers (EMC signs) shall only be permitted by special use permit.
• E. Additional standards.
  • (1) There is no maximum requirement for off-street parking in the CMU Zone. Parking design standards as set forth in § 410-78 shall apply, and post-construction stormwater control standards as set forth in § 410-92 shall apply.
  • (2) Minimum parking requirements in the CMU Zone are:
    • (a) Residential: 1.5 spaces per unit;
    • (b) Office: four spaces per 1,000 square feet;
    • (c) Retail/restaurant: 4.5 spaces per 1,000 square feet.
  • (3) Maximum impervious coverage is 90%.
  • (4) Off-street loading minimum requirements:
    • (a) Size: length: 55 feet; width: 12 feet.
    • (b) Number:
      • [1] Four thousand square feet to 20,000 square feet: one space;
      • [2] Over 20,000 square feet: one space per 20,000 square feet or fraction thereof.
    • (c) Office uses are excluded from off-street loading requirements.
• F. Development plan review. Development in the CMU Zone shall follow the process and criteria defined in Article IIIA of this chapter.

[Added 5-23-2019 by Ch. No. 3194]

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

ADULT USE — An establishment that sells or disseminates explicit sexual material, and at which access to the public display of explicit sexual material is restricted to persons 18 years of age or older. These may include, but shall not be limited to, adult bookstores, adult cabaret, or adult motion picture theaters.

AMUSEMENT PARK — An area that may include both outdoor and indoor areas designed for assembling crowds of people for the purposes of enjoying multiple attractions, which could include fairground rides, shows, refreshments, games of chance or skill, and other entertainments.

AUTO BODY SHOP OR REPAIR SERVICE — An establishment primarily engaged in the repair, painting, detailing or refinishing of automobiles, noncommercial vehicles, motorcycles, recreational vehicles or boats, including the sale, installation, and servicing of equipment and parts. Such activities as well as any overnight storage will take place indoors. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, lubrication shops, and similar repair and service activities. These uses shall not include vehicle dismantling or salvage of parts, or the sale/dispensing of motor fuels.

AWNING SIGN — A sign placed directly on the surface of an awning.

BUILDING CONTRACTOR OPERATION — An establishment designed to store and periodically deploy heavy equipment and bulk materials associated with construction.

COMMERCIAL SURFACE PARKING — A surface parking area that leases spaces on a temporary basis as a primary use.

COORDINATED DEVELOPMENT — Proposed or existing site conditions where buildings, structures, infrastructure, site features, and/or lot configuration are designed in a manner where these elements are organized into an integrated concept.

EDGE OF PAVEMENT — The linear edge where curbing, sidewalks, and driveways meet the street surface.

ELEVATED FREESTANDING SIGN — A sign that is not attached to any building and is elevated clear of the ground by means of poles, posts, or similar structures.

FRONTAGE AREA — The area between the facade of a frontage building and the edge of pavement. Contains the Frontage Zone, the Pedestrian Zone, and the Furnishing Zone.

FRONTAGE BUILDING — Any building that is located along a public right-of-way or private way designed to move automobiles, with its facade oriented to that public or private way.

FRONTAGE ZONE — The part of the frontage area immediately adjacent to the building facade.

FUEL STATION — Any lot or portion thereof used partly or entirely for dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of vehicles. This does not include bulk storage and wholesale of liquid fuels.

FURNISHING ZONE — The part of the frontage area immediately adjacent to the edge of pavement.

GOLF COURSE — The grounds where the game of golf is played. The area dedicated to play comprises a series of holes, each usually consisting of a teeing ground, a fairway, the rough and other hazards, and a green with a flagstick ("pin") and hole ("cup").

HEAVY EQUIPMENT OPERATIONS — Establishments that provide service, storage, or sales of heavy-duty construction machinery, vehicles, or related accessories.

INFILL DEVELOPMENT — New buildings or structures developed where such development is contiguous with the preexisting pattern of buildings either on that lot or on adjacent lots.

MANUFACTURED ON-SITE HOME SALES — Establishments that provide for the assembly, display, storage, and sale of manufactured homes on the premises.

MINI-STORAGE AND SELF-STORAGE FACILITIES — A building or group of buildings comprised of individual units which may be rented or leased by the public for the storage of personal belongings.

MONUMENT SIGN — A freestanding sign attached to a base that is at least as wide as the sign. The base shall stand no taller than two feet measured from grade.

MOTOR VEHICLE AND EQUIPMENT LEASE AND SALES — Premises for the sale and/or lease of new and/or used motor vehicles (including boats) and heavy equipment. This use may include the servicing and auto body repair of said vehicles.

MOTOR VEHICLE AND EQUIPMENT TOWING AND STORAGE — Any lot or land area used for the storage or layover of passenger buses, motor coaches, taxis, limousines, and other such fleets.

NEW DEVELOPMENT — Newly constructed buildings or structures. Includes infill development.

ON-SITE DRY CLEANING — An establishment that provides dry cleaning services where the cleaning operation is performed on site.

PEDESTRIAN ZONE — The part of the frontage area dedicated primarily to pedestrian travel across the front of a property. Generally located between the frontage zone and the furnishing zone.

PROJECTING SIGN, HORIZONTAL — A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building.

PROJECTING SIGN, VERTICAL — A sign which is supported by an exterior wall of a building and which is displayed parallel in vertical alignment with the face of the building.

RECESS LINE — Architectural feature on multistory buildings created when one building story is set back from the vertical plane of the building story beneath it.

REHABILITATION — Repair, renovation, and/or restoration activities designed to place unused or under-utilized buildings back into active use. See "Adaptive reuse."

ROOF SIGN — A sign that projects above the roof, parapet or ridgeline of the building; or mounted upon any roof, parapet or ridgeline of a building.

SALVAGE YARD — Establishment that collects, stores, and sells materials or items recovered from site demolition or other salvage operations. These establishments may or may not include outdoor storage.

SIGNIFICANT RENOVATION — Any improvements to an existing building that would include:

• A. Demolition of up to 20% of an existing structure designated as architecturally/historically significant by the Conant Thread Historic Inventory. The area of demolition shall be measured by the building footprint.
• B. Replacing or changing the appearance of more than 50% of any exterior wall on any existing principal building (not accessory structures).
• C. Replacement of windows cumulatively covering more than 300 square feet on any building designated as architecturally/historically significant by the Conant Thread Historic Inventory.
• D. Replacing or changing any wall sign, monument sign, roof sign, or elevated projecting sign.
• E. Changing the location of the primary entrance to the building.

SINGLE BUILDING LARGE RETAIL — Buildings with retail or service use where the footprint of the building is 10,000 square feet or more and the building does not include multifamily residential use in stories above the ground floor. This definition may apply regardless of the number of retail or service operations within the building.

STRIP COMMERCIAL DEVELOPMENT — A style of site development that generally includes a series of connected or closely gathered single-story commercial establishments, often situated along the side and rear yards of a lot, with parking areas between the street edge and building entrances.

STRUCTURED PARKING FACILITY — A multistory structure used to park vehicles as its primary use.

TRANSIT-ORIENTED DEVELOPMENT (TOD) — A style of land use development designed to concentrate residential use and complementary nonresidential uses in close proximity to high-volume transit infrastructure.

TURF — Landscaped grass areas designed to be regularly mowed.

WALL SIGN — A sign made of any material, including vinyl and cloth, attached directly to a wall of a building or as to extend not more than 15 inches from the face of the wall.

WAREHOUSING AND DISTRIBUTION FACILITIES — Establishments where goods are stored in bulk temporarily before being shipped to other businesses or directly to consumers.

Editor's Note: The former definition of "adaptive reuse," which immediately preceded this definition, was repealed 12-20-2023 by Ch. No. 3287.

• A. The Conant Thread (CT) District is established pursuant to § 410-2 of the Zoning Ordinance. The boundaries of the district can be viewed on the City's official Zoning Map, pursuant to § 410-3 of the Zoning Ordinance.
• B. The purposes of the CT District include:
  • (1) Create a transit-oriented development (TOD) zoning district that connects housing, commerce, and transit opportunities.
  • (2) Provide standards for high-quality infill development, adaptive reuse, and rehabilitation.
  • (3) Provide standards for high-quality urban design that will result in the development of safe, attractive, and comfortable spaces for pedestrians and bicyclists.
  • (4) Expand access to streamlined permitting processes.

The Joint Planning Commission (JPC) is established in accordance with Chapter 11 of the Pawtucket Code of Ordinances and includes the five Planning Commission members in Pawtucket and the five Planning Board members in Central Falls, Membership, therefore, includes 10 individuals. The JPC is herein given authority to review applications for development in accordance with the procedures and standards set forth in this Article VD.

Editor's Note: See Ch. 11, Art. XI.

• A. Applications for development in the CT District are reviewed as follows:

  Permit	Reviewing Authority	Ordinance Section
  Subdivision or land development	JPC (Subdivision Regulations)	§ 410-43.12
  All variances	JPC (Unified Development Review)	§ 410-43.13
  Special use permits	JPC* (Unified Development Review)	§ 410-43.13
  Development plan review	JPC or staff	§ 410-43.14
  Building permit	Building official	Various/Building Code

  NOTES:
  *	Unless the Zoning Board of Review is specified.

• B. Where more than one of the applications listed above is required, the applications shall be reviewed simultaneously to the extent practicable unless sequential review is otherwise required or is more advantageous to both the applicant and the JPC. In the event that one application review is completed before another, any approval shall be conditioned on the approval of subsequent applications.

• A. General criteria. In reviewing applications for development permits in the CT District, the approving authorities for any application shall consider the following overarching criteria:
  • (1) Compliance with all applicable sections of the Zoning Ordinance and the subdivision and land development regulations.
  • (2) Consistency with the goals of the City Comprehensive Plan and the purposes of the CT District.
  • (3) The quality and accuracy of information presented by the applicant for the proposal.
  • (4) Compliance with the Conant Thread District Design Guidelines. These guidelines are available in the Pawtucket Department of Planning and Redevelopment, and may be updated by the JPC.
  • (5) Quality of site design and building design for the proposal.
  • (6) Preservation and considerate reuse of structures identified as being architecturally/historically significant by the Conant Thread Historic Inventory. This inventory is available in the Pawtucket Department of Planning and Redevelopment, and may be updated by the JPC.
  • (7) The plans for such project provide sufficient designs to all dimensional standards. including, but not limited to, parking and circulation, to ensure the health and safety of Pawtucket residents and visitors.

    [Added 12-20-2023 by Ch. No. 3287]

  • (8) Any conditions or restrictions that are necessary to ensure that these criteria have been met have been incorporated into the written approval.

    [Added 12-20-2023 by Ch. No. 3287]

• B. Special use permits. All uses of land and structures within the CT District that require a special use permit shall be consistent with the following standards for approval:
  • (1) The proposed use of land and structures shall not deter the use of the remainder of the building and/or abutting buildings for residential or commercial uses by introducing noise, large truck traffic, or odors.
  • (2) The proposed use of land and structures shall not include storage or use of any materials that are harmful, flammable, noxious, or may otherwise be determined to be an undue nuisance to abutting property owners or residents.
  • (3) The scale of the proposed use of land and structures shall not directly result in increased traffic flow, particularly large industrial vehicles, that exceeds the capacity of existing CT District roadways and infrastructure.
  • (4) The proposed use of land and structures shall be consistent with the stated goals of the CT District, most specifically the creation of new light manufacturing job opportunities, a complementary mix of residential, office, and commercial activity, the preservation of historic mill structures, and the overall improvement of environmental conditions through brownfield remediation and stormwater management best practices.

[Amended 12-20-2023 by Ch. No. 3287]

Applications for a subdivision within the CT District shall follow the applicable JPC development regulations.

[Amended 12-20-2023 by Ch. No. 3287]

Applications for any variance and applications for special use permits shall be heard by the JPC as enabled by the unified development review provisions of the Cities of Pawtucket and Central Falls, and in accordance with the rules and procedures for the JPC as amended. Where an application does not require a subdivision or development plan review, but does require a variance or special use permit, the application shall be classified as a land development project for the purposes of establishing review procedures under unified development review.

[Amended 12-20-2023 by Ch. No. 3287]

• A. Purpose. It is the purpose of this article to establish procedures pursuant to the permitting process which will enable the City or the JPC, as applicable, to perform a comprehensive review of certain proposed developments. DPR will generally follow the process outlined in Article IIIA of this chapter, except that where this article conflicts with Article IIIA, this article shall govern. DPR procedure shall not be used to deny an applicant a permitted use of the property as established by the Zoning Ordinance. The particular uses requiring DPR are outlined below.
• B. Administration.
  • (1) No permit to build, alter, or expand any of the uses requiring DPR as outlined below shall be issued by the Building Official until a written statement of final approval in accordance with this article has been received. The applicant is responsible for obtaining a building permit through the Zoning and Code Enforcement Office as required by City ordinances. The applicant must submit all plans and documents normally required for a building permit. The approved final development plan shall be part of this submission. The DPR process will not preclude the need to meet other City requirements as they may apply to a particular development. No alteration to any City ordinance requirements or any necessity to gain approval by another legal jurisdiction shall be deemed to be authorized or granted by virtue of the DPR under this article.
  • (2) Projects subject to review as a land development project shall not require DPR. A project submitted for DPR may be referred to the JPC as a land development project.
• C. DPR process. The DPR shall be conducted by either the JPC or the Administrative Officer to the Pawtucket City Planning Commission in accordance with the Subdivision Review Enabling Act of 1992, R.I.G.L. 45-23, as amended, and those procedures and requirements listed in this chapter and in the Land Development and Subdivision Review Regulations. The JPC or Administrative Officer may enlist the assistance of other municipal staff or boards in the review of applications. Mechanisms to enlist this assistance can include, but are not limited to, the establishment of a Technical Review Committee.
• D. DPR thresholds. Applications for development shall be reviewed in accordance with the following thresholds.
  • (1) Formal DPR under the jurisdiction of the JPC where any of the following conditions apply:
    • (a) Where 20% or more of an existing structure is proposed to be demolished as measured by the footprint of the structure. Any site improvements or development occurring as a result of the demolition shall be reviewed along with the plans for demolition.
    • (b) Where proposed development would include 80,000 square feet or more of newly developed or renovated floor area in a new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included in the proposal, the floor area shall be measured in the aggregate.
    • (c) Where proposed development would include 25,000 square feet or more of floor area utilized for industrial or manufacturing purposes and/or include accessory storage of equipment or materials.
    • (d) Where proposed development would include more than 50 units of new housing.
    • (e) Any site disturbance of 40,000 square feet or more.
    • (f) Any development where a structured parking facility is proposed.
    • (g) Any application that is referred to the JPC by the Administrative Officer.
    • (h) Any development subject to unified development review.
  • (2) DPR shall be administrative (performed by Administrative Officer):
    • (a) Where significant renovation, as defined in this article, of an existing building is proposed.
    • (b) Where proposed development would include between 1,000 square feet and 80,000 square feet of newly developed floor area in a new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included in the proposal, the floor area shall be measured in the aggregate.
    • (c) Where proposed development would include more than five and up to 50 units of new housing.
    • (d) Any site disturbance between 2,000 square feet and 40,000 square feet.
    • (e) Any permitted use that is specifically referred in writing to the Administrative Officer by the Building Official or the Director of Zoning and Code Enforcement.
  • (3) A development subject to formal DPR shall not also be subject to administrative DPR.
• E. Appeals.
  • (1) Appeals to the Providence County Superior Court may be taken by a person aggrieved by any final action of the Administrative Officer or the JPC pursuant to the provisions of this section.
  • (2) Any appeal shall be taken within 20 days of such final action. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.

• A. Allowable uses. Uses that are allowable by right or through the issuance of a special use permit are identified in the Use Table in § 410-12 of the Zoning Ordinance.
• B. Uses not listed in the use table. Uses not listed in the Use Table may be considered prohibited. However, an applicant may propose a use that is not specifically listed and potentially allowed in the Use Table pursuant to the procedures in § 410-12H, unless such use is specifically prohibited in Subsection C below.
• C. Specifically prohibited uses. The following uses, as defined in § 410-43.7 of this article, are prohibited within the CT District.
  • (1) Adult entertainment.
  • (2) Amusement park.
  • (3) Auto body shop or repair service.
  • (4) Building contractor operation.
  • (5) Commercial surface parking.
  • (6) Compassion centers as defined by R.I.G.L. § 21-28.6-12.
  • (7) Fuel station.
  • (8) Golf course.
  • (9) Heavy equipment operations.
  • (10) Manufactured on-site home sales.
  • (11) Mini-storage and self-storage facilities.
  • (12) Motor vehicle and equipment lease and sale.
  • (13) Motor vehicle and equipment towing or storage.
  • (14) On-site dry cleaning.
  • (15) Salvage yard.
  • (16) Single building large retail.
  • (17) Strip commercial development.
  • (18) Warehousing and distribution facilities.

• A. There are no minimum requirements for the number of parking spaces associated with any development proposal.
• B. Any office, retail, or professional service use proposed in the CT District shall have no more than three parking spaces per 1,000 square feet of leasable floor area dedicated to that use.
• C. Any restaurant use proposed in the CT District shall have no more than one parking space per three seats, or one parking space per 50 square feet of dining/drinking area dedicated to that use.

Consistent with the purposes of the CT District, the Cities of Central Falls and Pawtucket encourage the adaptive reuse and/or rehabilitation of existing buildings in the district. The JPC herein acknowledges that proposed development for adaptive reuse and/or rehabilitation of existing buildings may not be able to meet all of the requirements that would otherwise be applied to new development and infill. In particular, the standards for dimensional controls (§ 410-43.19), site design (§ 410-43.20), or building design (§ 410-43.21), when applied, could require an applicant to seek a variance or special use permit based on preexisting conditions. Therefore, the provisions of those sections shall apply to adaptive reuse and rehabilitation only to the maximum extent practicable as determined through the review of development plans.

• A. Building height. The maximum building height requirement for the district is 100 feet, except all properties that include frontage on Dexter Street shall have a maximum building height requirement of 45 feet.
• B. Lot size. The minimum lot size requirement is 5,000 square feet. Any lot created as part of a subdivision must have permanent, legal, and physically viable access to established roadway frontage. Interior lots may do this through the use of extended driveways or easements with appropriate restrictions.

• A. Circulation. The design of individual properties or groups of properties shall reinforce the purposes of the CT district by encouraging pedestrian and bicycle circulation through the following site design techniques:
  • (1) To the maximum extent practicable, parking areas behind frontage buildings shall be physically connected either as contiguous parking areas or through the use of connector travel lanes that will allow for automobiles to pass from one building/property to another without travelling onto the street.
  • (2) Enhanced access management using shared access driveways is encouraged to improve safety, reduce vehicle/pedestrian conflict points, and expand continuous and consistent pedestrian-oriented frontages.
  • (3) Pedestrian connections between buildings shall be provided as safe, broad, and easily identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show that the space is primarily dedicated to pedestrian traffic through the use of raised or alternative surfaces, signage or raised landscaped islands that may serve as a safe resting area for pedestrians between automobile travel lanes.
  • (4) Where sidewalks or other pedestrian or bicycle ways intersect with automobile driveways or lanes, raised surfaces and/or durable, decorative alternatives to conventional pavement shall be used to connect sidewalks or bike lanes across the automobile lane. Striping across the asphalt used for an automobile lane to connect the pedestrian or bicycle way is not adequate for compliance. At these points of intersection, where vehicle speeds may reasonably go beyond 15 mile per hour strategically placed decorative bollards, stones, landscaped islands or other design features that promote caution are strongly encouraged.
• B. Property frontage.
  • (1) The location and design of frontage buildings, and associated frontage areas, are extremely important to achieving the goals of the CT District, as they will shape the quality of experience for people in the public realm.
  • (2) The following standards apply to frontage buildings and adjacent frontage areas. See Conant Thread District Design Guidelines for diagrams that clarify these standards.
    • (a) Frontage buildings shall be located in a manner that facilitates pedestrian and bicycle access along and across the frontage area of that property consistent with the Conant Thread District Design Guidelines.
    • (b) The frontage area shall be dedicated to and designed for pedestrian or bicycle activity.
    • (c) The depth of the frontage area may be as small as 10 feet, or as deep as 40 feet and shall comply with the following standards:
      • [1] A minimum ten-foot-wide sidewalk shall run the length of the property frontage between the building facade and the edge of pavement. The constructed sidewalk may be located within the public right-of-way, on private property, or may include both public and private property depending on preexisting conditions and other opportunities or constraints associated with roadway geometry, location of utilities, and other elements of the built environment.
      • [2] All sidewalks shall have a distinct furnishing zone along the street where street trees, lighting, and/or other furnishings are offered as both an amenity and a buffer between automobiles and pedestrians (see Conant Thread District Design Guidelines).

        Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

      • [3] Any frontage area that includes more than 20 feet between the facade and the outer edge of the sidewalk shall:
        • [a] Incorporate amenities that allow for passing pedestrians to gather, rest, sit, or observe public art or entertainment; and/or
        • [b] Incorporate private seating areas for restaurants or similar uses; and/or
        • [c] Incorporate bicycle parking facilities; and/or
        • [d] Incorporate green infrastructure elements that are made feasible with larger amounts of space along the property frontage.
    • (d) Street trees shall be required in the furnishing zone of the frontage area consistent with the Conant Thread District Design Guidelines. Trees shall be spaced along the sidewalk at an average frequency of one tree every 40 feet.

      Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

    Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

• C. Side yards.
  • (1) Where adjacent lots exist as part of a coordinated development there shall be no minimum side yard setback for existing or proposed buildings. These conditions include, but are not limited to, adjacent lots within a larger mill building complex or adjacent lots that will have buildings sharing a side wall.
  • (2) Where development on individual lots is not directly coordinated with adjacent lots, side yard setbacks shall be the greater of 10 feet or the width required to make the back of the lot accessible to emergency vehicles as demonstrated on a development plan.
• D. Rear yards. Minimum rear yard setbacks shall be 15 feet.
• E. Landscaping. All areas of a site that are not rendered impervious through the development of structures, parking features, circulation features, or other hardscape features shall be landscaped. Landscaping may occur as installed or retained vegetation in accordance with the following standards.
  • (1) Plant selection.
    • (a) No tree, shrub or plant shall be proposed that has been identified as an invasive species by the Rhode Island Invasive Species Council or other reputable scientific publication.
    • (b) Landscaping shall be designed to remain functional and attractive during all seasons through a thoughtful selection of deciduous, evergreen, berrying, and flowering plant varieties.
    • (c) Plant varieties shall be selected for resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas of the site. Plants shall be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides or fertilizers can be minimized or eliminated.
    • (d) The use of turf shall be minimized, but where it is used, turf shall not be planted in strips less than six feet wide. Lawn seed mixes shall be drought resistant. To achieve a high level of drought tolerance, lawn mixes may include, but shall not be limited to, a predominance of fine fescues.
    • (e) Tree selection shall comply with the Conant Thread District Design Guidelines.

      Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

  • (2) General standards.
    • (a) Where landscaped areas do not include planted materials, other decorative materials or features shall be used such as walkways, gathering places, or areas for public art. Unplanted areas shall not be filled with uniform gravel applications or riprap unless approved as part of stormwater management practices.
    • (b) Landscape features shall provide a clearly defined edge between the vegetated areas and areas reserved for pedestrian or automobile travel through the use of hardscape elements that may include, but shall not be limited to, fencing, curbing, or decorative stone.
    • (c) Any freestanding electrical structures, HVAC structures, or waste receptacles (e.g., dumpsters, ground-mounted transformers, grease traps, etc.) shall be fully screened from view through the use of evergreen vegetation, fencing, or a combination thereof.
  • (3) Walls and fencing.
    • (a) Barbed wire or similar applications are categorically prohibited in the CT District.
    • (b) Chain link fencing is prohibited in the CT District unless it is necessary for compliance with security purposes unique to an individual use, is vinyl coated, and completely screened from view through the use of opaque evergreen trees or through a second layer of wooden fence material.
    • (c) Decorative fencing shall comply with the Conant Thread District Design Guidelines.

      Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

• F. Parking areas. Where applicants propose to reuse existing parking areas or where new surface parking areas are proposed, the following design standards shall apply.
  • (1) Surface parking design and location.
    • (a) Each parking space shall be marked by painted lines and contain the following minimum dimensions affecting the width and length of individual parking stalls and the width of aisles in all districts, exclusive of necessary drives and other access ways.

      Parking Space	Dimension (feet)
      Minimum width	9
      Minimum length	18
      Minimum aisle width
      90° angle	24
      60° angle	18
      45° angle	13
      30° angle	11
      0° (parallel parking)	12

    • (b) No parking space or aisle (backup space) shall be less than 10 feet from any front or corner side yard property. No parking space or aisle shall be less than five feet from any building. Parking spaces less than 10 feet from any building shall be separated from such building by raised curb, bumper or wheel guards.
    • (c) Each parking space shall be designed with adequate off-street area for approach, turning, and exit without the need or ability to use any part of a street. All driveways shall be a minimum of 10 feet in width for each lane of traffic using such driveway. The width of any driveway shall not exceed 30 feet.
    • (d) Parking areas, where subject to wheeled traffic, shall be treated with bituminous concrete or equivalent surfacing except where an alternative surface is approved as part of a stormwater management strategy.
    • (e) For surface parking areas associated with new construction, parking areas shall be located behind frontage buildings on the property.
    • (f) For adaptive reuse, rehabilitation, or expansion of existing buildings, surface parking areas shall be located behind frontage buildings to the maximum extent practicable. Where a preexisting surface parking area is adjacent to a pedestrian space, the parking area may remain in use so long as the applicant provides a landscaped buffer as follows:
      • [1] At a minimum, the landscaped buffer shall include a decorative barrier, which may be designed as brick or stone finish walls, decorative fencing, or a combination of these treatments consistent with the Conant Thread District Design Guidelines.

        Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

      • [2] In addition to and inclusive of a decorative barrier, to the extent practicable, the landscaped buffer should include planted areas designed to provide separation between the surface parking area and the pedestrian space while allowing pedestrians to maintain visual awareness between the two areas. The parking area shall not be fully screened from the pedestrian way.
      • [3] Elements of the landscape buffer can include trees that maintain a canopy height of at least eight feet, and/or low-lying shrubs that will not exceed three feet in height. The buffer may be interrupted by breaks designed to provide pedestrian connections from the parking area to the sidewalk.
    • (g) Developments with proposed surface parking areas of six spaces or more shall include a minimum of 10% of landscaped area, inclusive of any landscaped borders surrounding the parking lot.
    • (h) The ends of parking aisles in surface lots that are more than 15 spaces in length shall incorporate landscape islands at either end of the row. Each island shall include at least one tree. Where the length of a parking aisle exceeds 25 spaces, additional landscaped islands shall be installed at regular intervals. This interval shall not be more than every 13 spaces. Where arced semicircle islands, triangles or similar shapes are proposed, the largest width of landscaped islands shall be no less than eight feet at their widest point. Where oval shaped islands are proposed, the largest width of the island shall be no less than six feet.
    • (i) Trees shall be selected and placed in landscaped areas so that all parking areas can reasonably be expected to receive 30% canopy coverage. The expected canopy radius of each selected tree shall be noted in the required development plan materials.
    • (j) Parking areas for six or more cars or any travel lane shall be separated from adjacent properties by a minimum six-foot-wide landscaped buffer. The width of this buffer may be reduced, or the buffer may be eliminated entirely, where the applicant, through the use of development plans, can demonstrate that the reduction or elimination of such buffer will not cause nuisance or undue harm to abutting properties and is specifically designed to:
      • [1] Improve pedestrian, bicycle and/or vehicular circulation and/or reduce curb cuts.
      • [2] Allow for the placement of driveways and/or buildings in a manner that better meets the purposes of this section of the Zoning Ordinance and the guidance in the Conant Thread District Design Guidelines.

        Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

      • [3] Anticipate improvements to abutting properties that will be complementary to the alternative buffer design.
    • (k) Compliance with the standards in this Subsection F shall be demonstrated through the development plans submitted by the applicant. The applicant may propose, and the reviewing authority may grant, deviations to these standards where:
      • [1] Deviation from the standards allows for a more effective low-impact stormwater management design for the site consistent with the State of Rhode Island Stormwater Design and Installations Manual, as amended.
      • [2] Subsurface conditions such as the existence of utilities or contaminated soils make strict compliance impracticable.
• G. Lighting.
  • (1) Lighting for streets, parking areas, and civic/gathering spaces shall be decorative in shape, scale, and finish, with detailed, articulated treatments for the base, post, fixture, and crown.
  • (2) Light poles and fixtures shall not exceed 16 feet in height measured from the base of the standard. Structural features used to anchor light standards (e.g., concrete pilings) shall not be counted toward the maximum height, but shall not protrude more than six inches from the ground.
  • (3) All exterior lights on private property and sign illumination shall be designed, located, installed, and directed in such a manner as to minimize light trespass onto adjacent properties unless such trespass is intentional and meets the purposes of this article.
  • (4) Lighting fixtures for building security, aesthetic enhancement, or display purposes shall be top downward (not upward or sideways), and full cut off or fully shielded/recessed.

Building design for new buildings shall comply with the standards herein. For reoccupation, renovation, or adaptive reuse of existing buildings, the applicant shall adhere to these standards to the maximum extent practicable and shall maintain consistency with the Conant Thread District Design Guidelines:

• A. General standards for building form.
  • (1) Multistory buildings shall clearly articulate the base, middle, and top of the building through the use of cornices, borders of distinct material, or other articulating features on every visible surface of the building.
  • (2) In new construction, ground floors shall be a minimum of 12 feet from floor to ceiling to enhance the pedestrian streetscape, regardless of the overall building height. However, the first-floor height of additions may align with the first-floor height of the existing building.
  • (3) Buildings over six stories shall have at least one recess line of at least 10 feet somewhere above the third story and below the seventh story. The recess line should relate to the form of any buildings adjacent to or across the street from the building.
  • (4) Larger buildings with long facades shall articulate the facade with varied rooflines, distinct signage for multiple tenants, awnings, arcades, pilasters, columns, recessed spaces and/or entrances and any other features that serve to add texture to these longer facades. Unbroken facades in excess of 50 feet shall not be allowed.
  • (5) Large, flat, unadorned, blank walls shall not be allowed for any side or rear walls of buildings except where a rear wall is accessible only to service vehicles. Where windows are not feasible, raised or recessed vertical surfaces may be used in conjunction with awnings, window-shaped depressions, and decorative lighting to make these surfaces more attractive.
  • (6) Awnings along continuous building lines that are separated shall be distinct from one building to another. Continuous awnings may only be allowed over a maximum of three contiguous storefronts.
• B. Building entranceways.
  • (1) All buildings shall have a principal facade and entry (with operable doors) facing a street or other area dedicated to pedestrian circulation. Buildings may have more than one principal facade and/or entry. Primary entrances not facing a street shall open onto sidewalks or other designated pedestrian areas at least 10 feet in width.
  • (2) Main entrances shall incorporate architectural features that draw attention to the entrance. These features may include covered porches, distinct sidewalk surfacing, porticos, recessed doorways, and awnings.

Editor's Note: Said guidelines are available in the Pawtucket Department of Planning and Redevelopment.

• A. Permanent signs are allowed in the CT District in accordance with the following table.

  Sign Type	Maximum Area (square feet)	Height 1 (feet)	Setback from Right-of-Way (feet)	Projection Over Right-of-Way (feet)
  Elevated freestanding 2	72	20	—	—
  Wall	One per one foot of building facade length 3	—	—	—
  Canopy	One per one foot of building facade length	—	—	4
  Monument	32	5	2	—
  Projecting (horizontal)	12	—	—	4
  Projecting (vertical)	75	—	—	4
  Window	8 (4)	—	—	—
  Roof	See Note (5)	6	—	—

  NOTES:
  (1)	Measured from grade.
  (2)	Only one elevated freestanding sign may be permitted per lot along the street frontage. Any elevated freestanding sign requires a special use permit from the Zoning Board of Review unless part of a larger application for Unified Development Review with the JPC.
  (3)	Where a building has more than one primary facade, the maximum area will be calculated for each primary facade separately.
  (4)	No more than 25% of the total transparent area of a single window pane. Signs attached to the glassed or transparent area of doorways that obscure views from the public right-of-way are not permitted.
  (5)	A roof sign may be as long as the length of the facade upon which it is placed. The maximum area is therefore determined by multiplying this length by the maximum height. Only one roof sign is allowed per building.

• B. Temporary signs. Allowable temporary signs include those associated with events; provided, however, that no such temporary sign may be erected for a period of more than 45 consecutive days in any year nor more than 30 days prior to the event, plus the duration of the event, with a total of 60 cumulative days throughout the year. Such signs shall not exceed a total area of 20 square feet and shall be set back a minimum of 10 feet from any property line.
• C. Design of allowable signs shall comply with the standards and guidelines below. The JPC may adopt further design guidelines to assist with the regulation of signage design.
  • (1) Wall-mounted or horizontal projecting signs should typically be located above the ground-floor storefront and just below the second-floor windows unless location at a higher elevation is specifically integrated into the design of the building. Signs shall not obscure architectural features or windows. Where adaptive reuse or rehabilitation projects are proposed, location of signs may deviate from this standard in order to respect the historical features of a building.
  • (2) Roof signs are only allowed when mounted on flat roofs, and in a manner that does not obscure important architectural features associated with the roof form (e.g., parapet detail). The form, design, materials, and lighting shall be informed by the historic character of the CT District and the building upon which it is mounted. Lighting from roof-mounted signs shall not cause a disturbance to residents or businesses in nearby buildings.
  • (3) Sign colors should be selected to enhance sign legibility for both day and nighttime viewing. Contrasting colors can be used effectively to increase clarity. Sign colors and finishes should be compatible with the color of the building or development.
  • (4) Sign materials shall be durable and compatible with the design of the building and facade on which they are placed.
  • (5) Externally illuminating signs shall have downward-directed, wall-mounted lights with fully shielded decorative lamps that do not obscure the graphics of the sign.
  • (6) Internally illuminated plastic or fiberglass cabinet signs are prohibited. Where internal illumination or back-lighting is proposed, solid letters (reverse channel) may be used.
  • (7) Signage on awnings is permitted only on the apron portion of the awning.
  • (8) Freestanding single pole (lollipop) signs are prohibited. Freestanding monument signs are preferred. Freestanding signs should incorporate design details, materials, and colors of the associated buildings. The base or support elements of freestanding signs should be integrated with the surrounding environment and should incorporate ornamental landscaping where possible.

[Added 2-25-2021 by Ch. No. 3237]

• A. Riverfront Tidewater (RTW). The purpose of the Riverfront Tidewater District is to encourage cohesive mixed-use development of vacant parcels in proximity to the Blackstone and Seekonk Rivers that provides high-quality amenities for both residents and visitors, contributes to positive economic development, improves multimodal connections to downtown Pawtucket, and enhances public access to, and viewsheds of, the riverfront area.
• B. Qualification. On the date any parcel of land is placed into a RTW Zone, it shall contain a minimum of 5,000 square feet of land, and be situated along, or in close proximity to the Blackstone or Seekonk Rivers.

• A. Dimensional regulations. Dimensional regulations as presented in Article VI, § 410-44, of the Zoning Ordinance shall apply to the RTW Zone.
• B. Accessory structures. Accessory structures that are directly related to the functionality of primary structures in the RTW Zone, e.g., light poles and parking structures, are permitted to exceed the maximum allowable height for accessory structures as presented in § 410-44 of the Pawtucket Zoning Ordinance, provided that they are approved through the development plan review process.

  [Amended 12-20-2023 by Ch. No. 3287]

• C. Permitted uses. Use regulations as presented in Article II, § 410-12, of the Zoning Ordinance shall apply to the RTW Zone.
• D. Signs. All sign type and maximum sign area requirements for commercial zoning districts, as presented in § 410-88D, shall apply to the RTW Zone. Electronic messaging centers (EMC signs) shall be permitted by special use permit in the RTW Zone.
• E. Number of buildings on a lot. More than one commercial, residential, or mixed-use primary structure located on a single lot is permitted in the RTW Zone if approved through the development plan review process.

  [Amended 12-20-2023 by Ch. No. 3287]

• F. Parking. There are no minimum or maximum parking space requirements in the RTW Zone. All development projects in the RTW Zone shall demonstrate adequate off street parking to support peak demand periods with limited reliance on proximate public right of ways to satisfy projected parking needs. This parking may be provided off-site, provided that it is easily accessible, safe for pedestrians, and does not adversely impact the character of abutting residential or commercial properties. Parking design standards as set forth in § 410-78 shall apply for all surface and structured parking areas.
• G. Additional criteria for approval. The review by permitting authority shall be based upon the criteria set forth in § 410-15.1I, and in addition:

  [Amended 12-20-2023 by Ch. No. 3287]

  • (1) Structures and parking areas shall be situated in such a way as to maintain or maximize views of the Blackstone and Seekonk Rivers.
  • (2) Development activity in the RTW Zone shall include features or amenities intended to maintain and maximize pedestrian access to riverfront areas, including connection wherever possible of all walkways, sidewalks, travel lanes, bikeways, and similar facilities along the river.
  • (3) Development activity in the RTW Zone shall include adequate drainage systems and erosion control measures to minimize any adverse impact on the quality and condition of the Blackstone and Seekonk Rivers.
  • (4) All screening, fences, walls, landscaped areas, plantings, or other landscaping treatment shall enhance and buffer the premises in a manner that is compatible with surrounding uses. The design of these features should avoid significant obstruction of views of the river.
• H. Development plan review.

  [Amended 12-20-2023 by Ch. No. 3287]

  • (1) Development and design review in the RTW Zone shall follow the standard process of development plan review as set forth in § 410-15.1.
  • (2) The Pawtucket Riverfront Commission shall serve in an advisory capacity when considering development plan review in the RTW Zone. The Riverfront Commission review process may occur concurrently and the procedural process of development plan review shall govern.

[Amended 10-23-1997 by Ch. No. 2470; 6-23-1999 by Ch. No. 2531; 3-22-2001 by Ch. No. 2592; 12-19-2003 by Ch. No. 2709; 8-25-2004 by Ch. No. 2739; 9-21-2006 by Ch. No. 2825; 11-21-2007 by Ch. No. 2881; 8-20-2009 by Ch. No. 2928; 2-25-2010 by Ch. No. 2934; 10-6-2011 by Ch. No. 2981; 8-9-2012 by Ch. No. 3007; 5-10-2018 by Ch. No. 3154; 2-25-2021 by Ch. No. 3237; 12-20-2023 by Ch. No. 3287]

Except as provided in Article VII, Supplementary Regulations, Article VIII, Nonconformance, and Article XI, Administration and Enforcement, the minimum and maximum dimensional regulations shown on the following tables shall be applied to each class of structure or use within each zone:

• A. In no instance shall the distance between an existing primary building on a separate lot in the same zoning district as the subject lot and a newly constructed building on the subject lot be less than twice the side yard setback for the subject lot.

[Added 9-21-2006 by Ch. No. 2825]

Newly created buildable lots must conform to the following requirements for lot width: No part of the lot that lies between the street line and the minimum required rear yard setback for the district in which the lot is located shall be narrower in width than the lot's frontage.

[Added 10-6-2011 by Ch. No. 2981]

The maximum front yard setback within the CD District is 40 feet. Design of the front yard setback shall preclude parking spaces and travel lanes and shall be dedicated exclusively for pedestrian and/or bicycle activity.

The purpose of supplementary regulations is to set specific conditions and dimensional criteria for various uses or areas where the general regulations are not applicable and to set specific standards for the granting of special use permits.

[Amended 7-9-2015 by Ch. No. 3072]

Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot or contiguous lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, and accessory parking. For purposes of this section, a swimming pool shall not be deemed an accessory use. Accessory uses cannot exist without nor precede any principal use on a vacant lot. Accessory uses are subject to all the requirements of this chapter, except as provided herein.

• A. Accessory uses in residential zones.
  • (1) No accessory use, other than required off-street parking, a private garage and a shed of less than 100 square feet, shall be located on any lot having an area of less than 5,000 square feet.
  • (2) Accessory uses or any combination of such uses, except home occupations, may be included in an accessory building of one story.
  • (3) No accessory building or structure shall be permitted between the front of a main structure and the street.
  • (4) Within any residential zone, where an existing principal structure on an adjacent or contiguous lot is less than eight feet from any lot line, a principal structure or an accessory structure shall not be located less than eight feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is one story, or shall not be located less than 16 feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is two stories.
  • (5) Where a yard abuts upon a public right-of-way, no accessory building shall be erected within 18 feet of such public right-of-way if it contains a garage that is accessible from said street.
  • (6) A detached garage or shed may be located in the required rear yard, but not less than four feet from any lot line. A detached garage located within a rear yard may have its driveway within the required side yard. Such garage shall be no more than one story or 15 feet in height and 24 feet in depth and width, subject to Subsection A(4) above.
  • (7) A garage attached to the main building or structure shall maintain all setback requirements as specified in Article VI for the zone in which it is located.
  • (8) A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor trailers is prohibited in residential zones, and no recreational vehicle shall be used for residential occupancy. All vehicles shall be registered and inspected under state law.
• B. Zoning regulations for accessory dwelling units.

  [Amended 8-21-2024 by Ch. No. 3302]

  • (1) Purpose: The purpose of this section is to provide regulations for the development of accessory dwelling units (ADUs) in the City of Pawtucket. ADUs offer a means to increase the supply of affordable housing, support diverse housing needs, and promote efficient use of existing infrastructure while maintaining the character of residential neighborhoods.
  • (2) Definitions: For the purposes of this section, the following definitions apply:

    ACCESSORY DWELLING UNIT (ADU) — A residential living unit on the same parcel lot where the primary principal use is a legally established single-family dwelling unit or multi-unit family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

    PRINCIPAL DWELLING UNIT — The main residential structure on a lot, which houses the primary occupants.

  • (3) Permitted zones: Notwithstanding any other provision of this chapter, one accessory dwelling unit that meets the requirements of RIGL § 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU which meets the requirements of RIGL §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.
  • (4) General requirements:
    • (a) Maximum size:
      • [1] A studio or one bedroom ADU up to 900 square feet, or 60% of the floor area of the principal dwelling, whichever is less;
      • [2] A two-bedroom ADU up to 1,200 square feet, or 60% of the floor area of the principal dwelling, whichever is less.
    • (b) Setbacks and height: ADUs must comply with the same setback and height requirements as the principal dwelling unit.
    • (c) Parking: A minimum of one off-street parking space per ADU must be provided.
    • (d) Utilities: ADUs must be connected to the same water, sewer, and electrical utilities as the principal dwelling unit, (unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU).
  • (5) Specific requirements for newly constructed detached ADUs.
    • (a) Location: Detached ADUs must be located in the rear yard and comply with the provisions of § 410-46A(4).
    • (b) Height: Detached ADUs shall not exceed the maximum height requirement for an accessory structure in the zoning district the property is located in.
    • (c) Lot coverage: Newly constructed accessory dwelling units (ADUs) shall comply with the lot coverage requirements of the appropriate zoning district.
  • (6) Conversion of existing structures.
    • (a) Conversion: Existing accessory structures, such as garages or workshops, may be converted into ADUs provided they meet the requirements of this section.
    • (b) Compliance: All conversions must comply with building codes and obtain necessary permits.
  • (7) ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in RIGL § 42-63.1-2.
    • (a) "Hosting platform" means any electronic or operating system in which a person or entity provides a means through which an owner may offer a residential unit for "tourist or transient" use. This service is usually, though not necessarily, provided through an online or web-based system which generally allows an owner to advertise the residential unit through a hosted website and provides a means for a person or entity to arrange tourist or transient use in exchange for payment, whether the person or entity pays rent directly to the owner or to the hosting platform.
  • (8) Application and approval process.
    • (a) Application: Property owners must apply for a zoning certificate to the Director of Zoning and Code Enforcement or their designee for review before a building permit will be reviewed.
  • (9) Enforcement and penalties.
    • (a) Violations of the provisions of this section are subject to enforcement actions and penalties as specified in § 410-101 of the chapter.
  • (10) Severability.
    • (a) If any provision of this section is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• C. Home occupations.
  • (1) Home occupations are defined in two categories. The first category, home occupations by right, is described below. The second category, home occupations by special use permit, is described in § 410-60E.

    [Amended 10-23-1997 by Ch. No. 2470]

  • (2) Home occupations by right shall:
    • (a) Have no more than five client visits per week.
    • (b) Have no nonresident employees.
    • (c) Occupy a maximum 20% of floor space or no larger than 300 square feet, whichever is less.
    • (d) Be only in the principal residential structure.
    • (e) Have no signs except an unlighted name sign, which shall be no larger than one square foot.
    • (f) Be operated by the dwelling owner, who must reside on the premises.

      [Amended 3-22-2001 by Ch. No. 2592]

    • (g) Be operated by the legal resident if the dwelling unit is located within a mill redevelopment. The list of eligible buildings is included in the Pawtucket Mill Building Survey (2014) on file in the Department of Planning and Redevelopment.

      [Added 12-8-2016 by Ch. No. 3119]

      Editor's Note: This also provided for the relettering of former Subsections C(2)(g), (h) and (i) as Subsections C(2)(h), (i) and (j), respectively.

    • (h) Generate no noise, vibration, emissions, odor or electrical interference.
    • (i) Have a letter of conformance issued from the Director, if requested by the applicant.
    • (j) Not be allowed under this section when otherwise prohibited by state law or City ordinance.

      [Amended 6-23-1999 by Ch. No. 2531]

• D. Little free library. An accessory freestanding structure, not to exceed four feet in height, three feet in width, or two feet in depth, that is used for the sole purpose of loaning free books to Pawtucket residents. Enclosed portions of the free library structure shall only include books and shall only be permitted within required front yards. No portion of a free library structure shall project into the public right-of-way. Free library structures are permitted in all residential zoning districts and shall be maintained by the property owner at all times in a condition that does not result in nuisance or public safety hazard.

  [Added 6-21-2018 by Ch. No. 3165]

• A. Screening of trash containers. All commercial and industrial uses and residential uses of seven households or more shall provide trash and/or garbage collection areas enclosed on at least three sides by a solid wall, fence or shrubbery of at least the height of the container it is intended to screen, if such area is not within an enclosed building or accessory structure. Said collection area, including the material constituting the enclosure, shall not be located closer than two feet to any property lines, nor within 10 feet of any principal structure located on the lot or adjacent thereto. Said screening shall consist of fencing, shrubbery, construction material or other accepted means, as approved by the Director of Zoning and Code Enforcement or his designee. The Director of Zoning and Code Enforcement may waive any or all of the aforementioned requirements for commercial or industrial use when said use does not abut a residential property.

  [Amended 3-22-2001 by Ch. No. 2592; 9-20-2001 by Ch. No. 2621]

• B. Screening of on-ground utilities. Utility structures, substations, telephone exchange substations and similar uses shall be enclosed on at least three sides by a vegetative screen of hardy evergreens or shrubs at least three feet high at time of planting and which shall be sufficient to effectively provide a visual screen from adjacent residential zones.
• C. Fences.
  • (1) Materials permitted; repair and condition.
    • (a) Materials permitted in fences. All fences provided by an owner or agent on the premises shall be constructed of manufactured metal fencing material, wood, masonry or other inert material. A hedge composed of plant material may be used in conformity with the maximum height requirements of this section. Wooden posts shall be treated with a preservative before being placed in the ground. Barbed wire is permitted in manufacturing, commercial and public districts over the height of eight feet.

      [Amended 10-23-1997 by Ch. No. 2470]

    • (b) Repair and condition. All fences shall be maintained in good condition and free from insects and rodents.
  • (2) Maximum height by zoning district. Maximum height of fences by zoning district shall be as follows:

    [Amended 11-21-2007 by Ch. No. 2881; 3-26-2020 by Ch. No. 3217]

    Maximum Height in Feet
    Zoning District	Yards With Street Frontage 3 (feet)	Side Yard (feet)	Rear Yard (feet)
    Residential	3 1 - 4 2	6	6
    Riverfront Development	6	6	6
    Commercial	8	8	8
    Manufacturing	10	10	10
    Public Cemetery	10	10	10
    Public Open	10	10	10

    NOTES: 1 Closed fence: a fence of which more than 50% of the side area is opaque or covered. 2 Open fence: a fence where 75% or more of the side area can be seen through; for example, a chain link fence. 3 In an instance where a property is a corner lot and has multiple yards with street frontage, the determination of which lot lines are the front, side, or rear for the purposes of maximum allowable fence height shall be made by the Zoning Director in coordination with the Planning Department as required. All fences located on a corner shall comply with street corner visibility setback requirements in accordance with § 410-55 .

  • (3) Driveway requirements. At driveways, a reduction of all closed fences to a three-foot height for a distance of eight feet from the property line, either front or side lot line, is required for safety and visibility of persons backing out of the driveway.

    [Amended 6-23-1999 by Ch. No. 2531]

    Editor's Note: Former Subsection C(4), Power of Director to waive requirements, which immediately followed this subsection, was repealed 10-23-1997 by Ch. No. 2470.

Except in residential zones, outdoor display of merchandise (other than vehicles and boats) is permitted up to 10% of the gross floor area of a commercial establishment. Such outdoor display shall be located on the same lot as the main use. No additional parking shall be required for such additional area, provided that existing parking is not reduced. The goods displayed shall be removed at the end of each business day. Outdoor display of vehicles and boats shall be permitted where the underlying use is permitted, provided that all other dimensional requirements of this chapter are met.

• A. The following roof structures are permitted above the maximum height as specified in this chapter, provided that the total area of all such appurtenances is not more than 1/3 of the total roof area of the building:
  • (1) Structures for the housing of elevators and elevator shafts.
  • (2) Stairways.
  • (3) Fire or parapet walls.
  • (4) Skylights.
  • (5) Towers.
  • (6) Steeples.
• B. The following roof structures are permitted above the maximum height as specified in this chapter, provided that the total area of all such appurtenances is not more than 1/3 of the total roof area of the building, and provided that such features shall be set back from the edge of the roof a minimum distance of one foot for every two feet by which they extend above the roof:
  • (1) Heating and air-conditioning equipment.
  • (2) Ventilating fans.
  • (3) Solar collectors.
  • (4) Storage tanks for water.
  • (5) Television, radio or satellite dish antennae or masts.
  • (6) Chimneys or roof-mounted smokestacks.
  • (7) Roof-mounted flagpoles.
  • (8) Similar equipment required to operate and maintain a building.
• C. No such roof structure as set forth in this subsection shall exceed the maximum height for the zone in which it is located, except by the amounts allowed herein:
  • (1) Buildings from one to six stories: 10 feet.
  • (2) Buildings exceeding six stories: 10 feet plus one foot per story above the sixth story to a maximum total of 20 feet.
  • (3) Height restrictions for freestanding structures:
    • (a) Freestanding flagpoles shall not exceed the following:
      • [1] Residential zones: the height of any existing permitted principal building on a lot.
      • [2] Commercial and industrial zones: a height of 10 feet over any existing principal building on a lot.
    • (b) Freestanding smokestacks shall not exceed the following:
      • [1] Vacant lots: freestanding smokestacks shall not be permitted.
      • [2] Residential zones: freestanding smokestacks shall not be permitted.
      • [3] Commercial zones: freestanding smokestacks shall not exceed a height of 40 feet over any permitted principal building on the lot.
      • [4] Industrial zones: freestanding smokestacks shall not exceed a height of 100 feet over any permitted principal building on the lot.

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing yard or open space on a lot whereon a building is to be erected.

• A. Through lots. For all zones, at each end of a through lot there shall be a front yard of the depth required by this chapter for the zone in which each street frontage is located.

  Editor's Note: Former Subsection C, Corner lots, which immediately followed this subsection, was repealed 10-23-1997 by Ch. No. 2470.

For the purpose of side yard regulations, any dwellings which occupy a single lot but have a common party wall shall be considered as one building.

• A. Fire escape. A fire escape may extend or project into any required side or rear yard not more than four feet.
• B. Open stairway, bulkhead, balcony or porch. An open, unenclosed stairway, balcony, bulkhead, porch, deck, platform or landing place which, except for the roof, does not extend above the level of the first floor of the building may extend or project into any required front yard not more than six feet and into any required side or rear yard six feet, but in no case closer than four feet to the side or rear lot line.

  [Amended 11-21-2007 by Ch. No. 2881]

• C. Handicapped access ramps. Handicapped access ramps may be located in any required front, side or rear yard.
• D. Ordinary projections of window sills, caves, cornices and other structural features may extend not more than 19 inches into the space above a required yard.

  [Amended 10-23-1997 by Ch. No. 2470]

[Amended 3-22-2001 by Ch. No. 2592; 9-21-2006 by Ch. No. 2825]

Every building hereafter erected shall be located on a lot as herein defined. There shall not be more than one primary residential structure and up to two accessory buildings on one lot, except in industrial zones where there may be more than two main buildings on a lot. More than one building per lot will also be allowed by special use permit for residential or commercial developments that are approved by the City Planning Commission through the development plan review process.

[Amended 6-23-1999 by Ch. No. 2531]

In any triangle formed by either front or side lot lines intersecting at an angle of 100° or less, there shall be a corner setback of eight feet from the point of intersection wherein no building or structures may be erected, no parking areas may be created and no vegetation or fencing may be maintained above the height of three feet above the plane of the curb grades. Notwithstanding the provisions of this section, poles not exceeding eight inches in outside diameter designed for the support of lights and signs may be erected in this triangle.

• A. No building or structure shall be constructed on a lot in a commercial or industrial zone that abuts a residential zone unless there is provided a buffer area of 20 feet extending from the property line of the abutting residential zone to the subject structure.
• B. Any outdoor operation, such as mining or quarry operation, on a lot in an industrial zone that abuts a residential zone shall have a buffer area of 75 feet from the property line of the abutting residential zones.

[Amended 3-22-2001 by Ch. No. 2592; 8-20-2009 by Ch. No. 2928]

Satellite dish antennas are permitted as accessory uses in residential zoning districts RL, RS, RT and RM with the following provisions:

• A. Residential areas. One satellite dish antenna, that is between two feet and eight feet in diameter, is permitted in rear or side yards in the RL, RS, RT and RM Districts, provided that eight feet are maintained between the antenna and the side lot line and 10 feet from the rear lot line. Roof-mounted antennas that are larger than two feet in diameter are prohibited.
• B. Residential elevator, commercial, riverfront and manufacturing areas. In the Residential Elevator, Commercial, Industrial and Riverfront Districts, one satellite dish antenna may be located on the roof of a structure or any part of the rear or side yard of an establishment.
• C. Review of plans. Plans for installation of dish antennas shall be reviewed by the Director for compliance with yard regulations and overall safety factors.
• D. Oversize satellite dish antennas. Requests for satellite dish antennas in excess of the dimensions specified in the Use Table may apply to the Board of Review for a variance of the provisions of this section.
• E. Antennas 24 inches or less in diameter are permitted in all districts on the roof of a structure or on the rear or side elevation of an establishment. Antennas 24 inches or less in diameter may be permitted on the front elevation of an establishment only if the technology prohibits location on the side or rear elevation.

[Amended 7-9-2015 by Ch. No. 3072]

Private residential swimming pools are permitted in all residential districts, subject to the following:

• A. All residential swimming pools must be set back at least six feet from side and rear lot lines. Said setback requirements apply not only to the swimming pool itself, but also to any pumps, filters, water disinfection equipment and structures appurtenant thereto. Swimming pools are not allowed in front yards.
• B. Subject to the requirements set forth in this section, the following size swimming pools may be installed as of right without the need for dimensional relief from the Zoning Board of Review.
  • (1) A residential swimming pool that is 15 feet in diameter (round) or 12 feet by 24 feet (oval) may be located on any lot that is less than 4,450 square feet.
  • (2) A residential swimming pool that is 18 feet in diameter (round) or 15 feet by 24 feet (oval) may be located on any lot between 4,450 square feet and 4,800 square feet.
  • (3) A residential swimming pool that is 21 feet in diameter (round) or 15 feet by 30 feet (oval) may be located on any lot between 4,800 square feet and 5,000 square feet.
  • (4) Any size residential swimming pool maybe located on any lot that is 5,000 square feet or greater.
• C. No swimming pools or appurtenances thereto shall be constructed, installed, enlarged or altered until a building permit has been obtained from the Director. The approval of all City and state authorities having jurisdiction over swimming pools shall be obtained before applying to the Director for such permit. Certified copies of these approvals shall be filed as part of the supporting data for the application for such building permit. Plans will be submitted to the Director showing accurately the dimensions and construction of the pool and appurtenances.
• D. No overhead electrical conductor shall be installed directly over the area consisting of the pool and its apron and fence or enclosure. All metal fences, enclosures or railings near or adjacent to swimming pools to which bathers have access, which may become electrically alive as a result of contact with broken or overhead conductors from any other cause, shall be effectively grounded.
• E. Every person owning land on which there is located a swimming pool, whether or not containing any water, shall erect and maintain an adequate enclosure or fence surrounding the property or pool area and sufficient to make such body of water or unfilled in-ground swimming pool inaccessible to small children. Such enclosure, including gates thereto, must be no less than four nor more than six feet in height above the underlying ground. In the case of aboveground pools, a protective railing around the perimeter of the pool structure shall not substitute for the requirement of a fence or other adequate enclosure. All gates must be self-latching with latches placed at least four feet above the underlying ground or otherwise made inaccessible from the outside to small children and must be lockable. All pools of elevated construction shall be equipped with a removable ladder, and such ladder shall be removed or raised when not in use.
• F. In-ground pools shall also have an inner protective fence with a minimum height of three feet enclosing the pool. All in-ground swimming pools shall be equipped with rescue equipment, including at least one twelve-foot pole with a shepherd's crook securely fastened at one end and at least one fifteen-inch life ring with a fifty-foot rope.

[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]

The following special uses are permitted upon approval by the permitting authority, in accordance with Article XIII, and the following conditions are in addition to those set forth in Article XIII.

• A. Boarding. The permitting authority may permit that up to two rooms may be rented with or without meals within any dwelling unit, provided that more than 50% of the habitable space is occupied by the family occupying the dwelling unit, and provided that no more than one person may occupy any one of said rooms.
• B. Accessory manufacturing. Within commercial zones manufacturing, compounding, processing, catering, cleaning, laundering, plumbing, baking, or treatment of products and similar uses which are clearly incidental and essential to a retail use may be permitted by the permitting authority, provided that such uses, generate no perceptible odor, dust, smoke, noise, vibration or electrical interference from outside the property.
• C. Change in nonconforming use.
  • (1) Industrial and commercial zones. Within any such zone, a nonconforming use may be changed to a different nonconforming use by special use permit. In considering an application for a special use permit to change to a different nonconforming use, the permitting authority shall find that the new use will be less nonconforming and less disruptive of the neighborhood land use pattern. A nonconforming use changed to a different nonconforming use by a special use permit may not be changed to another nonconforming use without the granting of another special use permit.
  • (2) Residential zones. Within any such zone, a nonconforming use may be changed to a different use which is allowed by special use permit in that zone. In considering the application, the permitting authority shall consider any conditions required for the granting of that special use permit.
• D. Parking in residential zones. Off-street automobile parking lots may be established by special use permit to support off-street parking requirements of residential uses in areas where the permitting authority finds that there is a need for such additional facilities or where required off-street parking cannot be satisfied on the lot in which such residential uses are located. Such lots shall be developed and maintained as required by § 410-77 of this chapter and subject to such further conditions as may be imposed by the permitting authority. A parking lot shall be used solely for the temporary parking of motor vehicles and shall not be used as an off-street loading area. The parking lot shall be screened by a four-foot-high compact evergreen screen or tight board fence. Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
• E. Off-site parking. The permitting authority may permit off-street parking on other off-site lots in any district, provided that such off-site parking is reasonably and safely accessible from the principal use, either by pedestrians or other means, such as tram and/or shuttle service. The permitting authority shall require that appropriate deed restrictions be recorded in the land evidence records. A parking lot shall be used solely for the temporary parking of motor vehicles and shall not be used as an off-street loading area. The parking lot shall be screened by a four-foot-high compact evergreen screen or tight board fence. Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
• F. Shared parking. The permitting authority may allow shared parking, provided that the type of structures or uses indicate that the period of usage of such structures or use will not be simultaneous (e.g., a church with Sunday services together with a business that is closed on Sundays) and neither use may be a residential use.
• G. Maximum lot coverage. The permitting authority may allow an additional 10% lot coverage above the maximum lot coverage specified in this chapter if, and only if, parking is provided in accordance with § 410-76 and the use of the building is in conformance with Article II.
• H. Maximum height in residential zones. The permitting authority may, by special use permit, allow an increase in the maximum height to 40 feet, provided that the use of building is in conformance with Article II.

[Amended 12-20-2023 by Ch. No. 3287]

The following uses of land and structures are permitted upon approval by the permitting authority, in accordance with Article XIII, and the following conditions are in addition to those set forth in Article XIII.

• A. Service stations. Automobile service stations shall be permitted subject to Rhode Island Department of Environmental Management Regulations and only when the following requirements are met:
  • (1) Lot requirements:
    • (a) Minimum lot size shall be 20,000 square feet.
    • (b) Minimum lot depth shall be 100 feet.
    • (c) Minimum lot width and frontage shall be 100 feet.
  • (2) Requirements for service station buildings:
    • (a) Minimum setback from all street lines shall be 40 feet.
    • (b) Minimum setback from all interior lot lines shall be 20 feet.
  • (3) Requirements for driveways:
    • (a) Minimum distance between access driveways shall be 20 feet.
    • (b) Maximum width for curb cuts shall be 25 feet.
  • (4) Requirements for other structures:
    • (a) Minimum distance between pump islands, compressed air connections and similar equipment and any street or property lines shall be 20 feet.
    • (b) Minimum distance between the canopy and the street line shall be 12 feet.
    • (c) Minimum distance between any canopy and compressed air and similar equipment and any interior lot line shall be 20 feet.
  • (5) Requirements for underground tanks:
    • (a) Maximum storage capacity for petroleum products shall be 42,000 gallons.
    • (b) Minimum separation distance required between underground tanks adjoining buildings and property lines shall be 10 feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.
  • (6) Requirements for repairing and washing vehicles. Repairing shall be limited to minor repair work, such as tire or tube repairing, battery charging, lubrication, engine tuneups and similar type work, and must be conducted wholly within a building. Repair work shall not include any body work. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on site with no runoff onto the public right-of-way. All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight board fence.
  • (7) Outside storage of vehicles. For all auto service stations, new and used car dealerships, recreational vehicle dealerships, garage repair shops, auto body shops, car washes, storage of vehicles and similar types of uses, overnight outside storage of any vehicles intended to be repaired shall be limited to one vehicle for every 500 square feet of lot area.
  • (8) There is vertical separation of at least four inches between the use and adjoining sidewalks or roadways.
  • (9) There is a landscaped planting area of at least three feet along all edges of the use.
  • (10) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Delivery and waste removal locations and schedules that do not disturb the peace.
  • (11) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or operational or physical alterations to the subject property.
• B. Auto body repair shops. In granting a special use permit for the construction of an auto body repair shop, the following standards for development shall apply:
  • (1) The minimum lot size shall be 10,000 square feet in an MB Zone and 20,000 square feet in an MO Zone.
  • (2) All structural and cosmetic work made on motor vehicle bodies shall be conducted within a fully enclosed structure of at least 3,000 square feet in area.
  • (3) Buildings shall be set back at least 25 feet from the street right-of-way and at least 20 feet from any other property line.
  • (4) Auto body repair shops that store inoperable vehicles, automotive parts or trash out-of-doors shall erect a commercial opaque fence of six feet in height along all side and rear property lines. The fencing or wall shall be reduced in height when approaching a street line to provide proper visibility where an adjacent driveway exists or is to be established.
  • (5) Each auto body repair shop shall have as a minimum one parking space for every 1,000 square feet of gross floor area or two employees on maximum working shift, whichever is greater.
  • (6) Each auto body repair shop shall have as a minimum two access drives from abutting City streets, neither of which shall exceed 20 feet in width. Associated curb cuts shall conform to Chapter 351, Streets and Sidewalks, Article IX, Curb Cuts and Driveway Openings.
  • (7) No motor vehicles shall be stored and no repair and/or service work shall be conducted in the public right-of-way.
  • (8) There is vertical separation of at least four inches between the use and adjoining sidewalks or roadways.
  • (9) There is a landscaped planting area of at least three feet along all edges of the use.
  • (10) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Delivery and waste removal locations and schedules that do not disturb the peace.
  • (11) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or operational or physical alterations to the subject property.
• C. Rooming houses with six rooming units or less.
  • (1) Dimensional requirements shall be as follows:
    • (a) Minimum lot size 5,000 square feet.
    • (b) One parking space per two rooming units.
    • (c) One dwelling unit required for resident manager.
  • (2) Density requirements.
    • (a) Maximum number of residents per rooming unit is two persons.
    • (b) Maximum number of beds is two per rooming unit.
  • (3) Other requirements.
    • (a) Sprinkler system and fire alarm shall be provided as determined by the Fire Safety Code.

      Editor's Note: See Chapter 210, Fire Prevention, Article II, Fire Prevention Code.

    • (b) Sanitary facilities shall be sized according to the number of rooming units in accordance with the International Plumbing Code.
    • (c) A security system controlling the front entrance shall be provided.
    • (d) A central kitchen facility will be allowed for cooking and eating.
    • (e) There shall be a resident manager on the premises.
• D. Rooming house with seven or more rooming units.
  • (1) Dimensional requirements shall be as follows:
    • (a) Minimum lot size 10,000 square feet.
    • (b) One parking space per rooming unit.
    • (c) One dwelling unit required for resident manager.
  • (2) Density.
    • (a) Maximum number of residents per rooming unit is two persons.
    • (b) Maximum number of beds is two per rooming unit.
  • (3) Other requirements.
    • (a) Sprinkler system and fire alarm shall be installed as determined by the Fire Safety Code.
    • (b) There shall be a resident manager on the premises.
    • (c) Sanitary facilities shall be sized according to the number of rooming units in accordance with the International Plumbing Code.
    • (d) Private trash disposal shall be provided by the property owner.
    • (e) There shall be a security entrance to the front door.
    • (f) Central kitchen facilities will be allowed for cooking and eating.
• E. Home occupations by special use permit. All home occupations not meeting the home occupation by right criteria shall be considered as special permit uses and shall:
  • (1) Be conducted by the legal resident.
  • (2) Have no more than 1/3 of the home devoted to business or 500 square feet, whichever is smaller.
  • (3) Generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
  • (4) Have no bulk freight deliveries.
  • (5) Have a maximum of 20 visits per week and five per day.
  • (6) Not have a sign larger than one square foot.
  • (7) Have off-street parking with at least one space required.
  • (8) Have no retail sales.
  • (9) Have no more than one nonresident employee.
  • (10) Have no occupations which are otherwise prohibited by state law or City ordinance.
• F. Mixed residential/commercial uses.
  • (1) The application shall propose occupancy of residential and commercial uses.
  • (2) The number of dwelling units permitted shall be based on one dwelling unit per 2,000 square feet of land area.
  • (3) The proposed commercial uses shall be those allowed in Article II as personal services, business services, office uses, entertainment, amusement and recreation services, commercial services, excluding restaurants providing dancing.
  • (4) Commercial and residential parking spaces and loading shall be required as per Article IX.
• G. Manufactured home park.
  • (1) It shall be unlawful for any person to construct, alter or extend any manufactured home park within the City unless the applicant holds a zoning certificate issued by the Director for the specific construction, alteration or extension proposed.
    • (a) Any applicant for a special use permit for a manufactured home park shall present an application and a development plan made by a registered engineer or land surveyor at a scale of no more than 100 feet to one inch. The plans shall show existing and proposed curb cuts, driveways, parking spaces, all manufactured home park spaces, service buildings and proposed structures. A separate utility plat plan, including water, sewer and electricity, is also required in the case of new construction or an extension.
    • (b) Any person operating a manufactured home park shall hold a license from the Rhode Island Department of Health which shall be copied and made a required part of any application.
  • (2) Environmental, open space and access requirements.
    • (a) Generally. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. There shall be no perceptible smoke, noise, dust, vibration, odors or electrical interference from outside the property, and no portion subject to unpredictable or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
    • (b) Soil and ground cover. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative cover that is capable of preventing soil erosion and of eliminating dust.
    • (c) Site drainage. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
  • (3) Nonresidential uses.
    • (a) No part of any manufactured home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
    • (b) Nothing in this subsection shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and, if an independent manufactured home, connected to the pertinent utilities.
  • (4) Minimum size of manufactured home space.
    • (a) Manufactured home spaces shall provide a minimum of 3,500 square feet for each space that shall be at least 35 feet wide and clearly defined; provided, however, that manufactured home parks in existence on the effective date of this chapter (March 29, 1971) which provide manufactured home spaces having a width or area less than that hereinabove prescribed may continue to operate with spaces of the existing width and area.
    • (b) Manufactured homes shall be separated from each other and from other buildings and structures by at least 15 feet, provided that manufactured homes placed end-to-end may have a clearance of 10 feet where opposing rear walls are staggered.
    • (c) An accessory structure which has a horizontal area exceeding 25 square feet, is attached to a manufactured home or located within 10 feet of its window and has an opaque top or roof that is higher than the nearest window shall, for purposes of all separation requirements, be considered to be part of the manufactured home.
  • (5) Required setbacks, buffer strips and screening.
    • (a) All manufactured homes shall be located at least 25 feet from any park property boundary line abutting upon a public street or highway and at least 15 feet from other park property boundary lines.
    • (b) There shall be a minimum distance of 10 feet between an individual manufactured home and adjoining pavement of a park street or common parking area or other common areas.
    • (c) All manufactured home parks located adjacent to industrial or commercial land uses shall be provided with screening, such as fences or natural growth, along the property boundary line separating the park and such adjacent nonresidential uses.
  • (6) Street design requirements.
    • (a) All manufactured home parks shall be provided with vehicular access from abutting public streets whose maintenance will be the duty of the permittee.
    • (b) Access to manufactured home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement of 34 feet where parking is limited to one side. Where the primary entrance road is more than 100 feet long and does not provide access to abutting manufactured home spaces within such distance, the minimum road pavement width may be 24 feet, provided that parking is prohibited at both sides.
    • (c) Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and, in any case, shall meet the following minimum requirements:
      • [1] All streets shall be 32 feet minimum in width.
      • [2] Dead-end streets shall be limited in length to 600 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.
      • [3] All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes and other hazards.
    • (d) Required illumination of park street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night in all parts of the park street systems: 0.6 footcandle, with a minimum of 0.1 footcandle.
• H. Personal communications system and amateur radio or television antenna.
  • (1) Personal communications system antennas are attached to the roof or wall of existing manufacturing, commercial, public and semipublic structures.
  • (2) Personal communications system and amateur radio or television antennas meet the following standards: maximum height 15 feet and maximum area 50 square feet.
• I. Wireless communications antenna.
  • (1) No wireless communications antenna shall be erected within 700 linear feet of a residential zoning district, measured from the center of the antenna.
  • (2) No wireless communications antenna shall exceed 180 feet in height.
  • (3) All wireless communications antenna facilities shall have an eight-foot fence enclosing the structure and be landscaped with shrubs.
  • (4) All wireless communications antennas shall be approved and certified for structural safety by a registered engineer.
  • (5) All wireless communications antennas shall be removed once they have ceased to function for a period of one year.
• J. Multitenant commercial structures.
  • (1) Minimum side yard width: 12 feet.
  • (2) Any freestanding sign shall not exceed the dimension regulations of this chapter.
  • (3) Location of a trash container approved through development plan review.
  • (4) Occupancy shall be limited to tenants in the use category of 6, 7 commercial uses; 8, personal services; and 9, business services. All other use categories are prohibited.
  • (5) The commercial standards for parking must be met.
• K. Any commercial use with a drive-in window.
  • (1) Minimum lot site shall be 10,000 square feet. All land, including stacking area and parking, must be zoned commercial local, general, riverfront commons or manufacturing open.
  • (2) There shall be no on-site stacking lane within 50 feet of a residential property.
  • (3) The applicant shall provide information on the following:
    • (a) Nature of the product or service being offered.
    • (b) Method by which an order is processed.
    • (c) Time required to serve a typical customer.
    • (d) Anticipated arrival rate of customers.
    • (e) Peak demand hour.
    • (f) Approval of the anticipated vehicular stacking plan to ensure no stacked cars will be in the right-of-way and will not increase traffic in adjacent residential neighborhoods required by the City's Traffic Engineer.
  • (4) There shall be no microphone and amplification system within 150 feet of a residential structure. Amplification systems shall not be directed at abutting properties.
  • (5) Queuing areas shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight board fence.
  • (6) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe vehicular and pedestrian circulation.
  • (7) A signage plan that clearly identifies the business, its driveway and building entrances, and drive-through progression shall be submitted with the special use permit application.
  • (8) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or physical alterations to the subject property.
• L. Billboard, bulletin type.
  • (1) Location shall be in an Industrial Open MO or Industrial Built-Up MB District within 600 feet of freeway line of an interstate highway.
  • (2) No billboard-bulletin sign shall be erected after the date of this amendment, except to the extent that such sign replaces an existing nonconforming sign.
  • (3) Maximum sign area is 675 square feet and maximum height is 25 feet. Cutouts and extensions are permitted in accordance with Department of Transportation Rules and Regulations for Outdoor Advertising.
  • (4) Any new billboard sign constructed shall be in conformance with the State of Rhode Island Department of Transportation Rules and Regulations for Outdoor Advertising.
  • (5) All billboard signs erected must conform to applicable Rhode Island State Building Code regulations and City of Pawtucket ordinances.
• M. Billboard, thirty-sheet poster type.
  • (1) The location is to be in Industrial Open MO or Industrial Built-Up MB Zoning District within 600 feet of an interstate highway or along a highway classified as primary system.
  • (2) No billboard, thirty-sheet poster type, shall be constructed or erected after the date of the amendment, except to the extent that such sign replaces an existing nonconforming sign.
  • (3) The maximum area shall be 300 square feet, and the maximum height shall be 50 feet.
  • (4) The location is to be at least 500 feet from any other billboard, thirty-sheet poster type.
  • (5) All signs erected must conform to applicable Rhode Island State Building Code and Department of Transportation regulations.
• N. Billboard, eight-sheet poster type.
  • (1) The location is to be in Industrial Open MO or Industrial Built-Up MB District.
  • (2) No sign shall be constructed or erected after the date of this amendment, except to the extent that such sign replaces an existing nonconforming sign.
  • (3) The maximum sign area is to be 100 square feet, and the maximum height is to be 16 feet.
  • (4) The distance from a public right-of-way shall be 10 feet.
  • (5) All signs erected must conform to applicable RI State Building Code regulations and local ordinances.
  • (6) The minimum distance of a sign from any residential district is to be 100 feet.
• O. Marina.
  • (1) Marinas are limited to land parcels with access to Seekonk and Pawtucket Rivers.
  • (2) There shall be a minimum of 10 boat-docking spaces during summer boating season.
  • (3) An accessory use permitted is the sale of boating supplies, excluding fuels.
  • (4) There shall be one parking space per boat leasing space at the marina.
  • (5) Marinas shall be in compliance with Coastal Resources Management Council regulations.
  • (6) Off-season boat storage shall be allowed, subject to an egress plan approved by the fire department.
  • (7) No boat is kept in the same location for more than 500 days.
  • (8) Composting, recycling, and waste bins are readily available for patrons.
• P. Medical office building.
  • (1) New structure or conversion of nonresidential structure for medical office building; no conversion of existing residential dwellings.
  • (2) The minimum lot size shall be 10,000 square feet.
  • (3) Buildings shall meet parking lot standard of one space per 300 square feet of leasable floor space.
  • (4) There shall be no front yard parking in developed residential areas.
  • (5) Landscaping is to be provided in all parking lots; three-foot exterior border in parking lots and trees every 40 feet.
  • (6) Best management practices shall be employed for parking lot stormwater drainage.
  • (7) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated drop-off area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
    • (c) Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
  • (8) Sufficient hospital design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application that includes wayfinding directing patients and visitors to the different care destinations.
  • (9) A signage plan that clearly identifies the hospital and all wayfinding shall be submitted with the special use permit application.
  • (10) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (11) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (12) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or physical alterations to the subject property.
• Q. Manual assembly of jewelry products.
  • (1) To exclude jewelry manufacturing and metal processing machinery.
  • (2) To consist primarily of carding and packaging of manufactured jewelry products.
• R. Independent-living facility and nursing care and assisted living.
  • (1) Minimum lot size: 5,000 square feet.
  • (2) The required minimum lot area is 1,000 square feet per resident.
  • (3) Lot coverage does not exceed 30%.
  • (4) Every room used for sleeping purposes contains at least 100 square feet of floor space, and every room occupied for sleeping purposes by more than one person contains at least an additional 60 square feet of floor space for each additional occupant thereof.
  • (5) Landscaping and architectural treatment is in harmony with the surrounding residential development. The building and grounds shall be maintained so as to enhance the appearance of the premises.
  • (6) Provisions for outdoor passive recreation are provided in the form of paved walks and patios and include benches and similar facilities. Area devoted to passive recreation is equal at least 10% of the lot or premises.
  • (7) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated drop-off area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
    • (c) Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
    • (d) Delivery and waste removal locations and schedules that do not disturb the peace.
  • (8) Sufficient healthcare design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application that includes wayfinding directing patients and visitors to the different care destinations.
  • (9) A signage plan that clearly identifies the hospital and all wayfinding shall be submitted with the special use permit application.
  • (10) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (11) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (12) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or physical alterations to the subject property.
• S. Multitenant industrial structures.
  • (1) Minimum lot size: 20,000 square feet.
  • (2) Minimum side, front, rear yard width: 20 feet.
  • (3) Any freestanding sign shall not exceed the dimension regulations of this chapter.
  • (4) Location of a trash container is to be approved through development plan review.
  • (5) Occupancy shall be limited to tenants in the use category of 8, personal services; 9, business services; 12, miscellaneous repair services; 15, wholesale commercial; 18, storage uses; and 19, industrial uses. All other use categories are prohibited.
  • (6) The commercial standards for parking must be met.
• T. Multifamily (five plus units) in an Industrial - Open Zone.
  • (1) The dimensional regulations for an RM Zone must be followed.
  • (2) The residential standards for parking must be met.
  • (3) The residential standard for parking lot landscaping must be met.
  • (4) The buffering requirements for when commercial or industrial zones abut residential zones must be met.
• U. Pet care services and pet overnight boarding.
  • (1) Minimum lot size: 20,000 square feet.
  • (2) Minimum side, front, rear yard width: 20 feet.
  • (3) Lot cannot be within 200 feet of a residential district or a commercial or office building.
  • (4) Landscaping (a hedge of compact evergreens) or a tight board fence must be installed along all interior lot lines.
  • (5) Exterior exercise areas shall be located in the interior side or rear yard and shall be enclosed by a six-foot fence.
  • (6) All overnight boarding operations shall be located indoors.
  • (7) All pet care services and pet overnight boarding facilities shall have a valid kennel license from the City of Pawtucket.
  • (8) Applicant must provide the following information:
    • (a) Hours of operation;
    • (b) Number of staff;
    • (c) Maximum number of pets on premises and the indoor and outdoor square footage per pet.
• V. Massage therapy.
  • (1) The person engaged in the practice of massage has completed a program in or is certified by a school or institution of learning that is approved by the Commission on Massage Therapy Accreditation (COMTA) or equivalent academic and training program meeting the requirements of the Rhode Island Department of Health as stated in their rules and regulations for licensing massage therapists, other than a corresponding course which a school or institution has for its purpose the teaching of the theory, practice, method, profession or work of massage, including at least anatomy, physiology, hygiene and professional ethics, pursuant to the statutory provisions. Proof of a current license issued by the Department of Health shall be posted on the premises in a location visible to customers.
  • (2) Where this use adjoins a lot in residential use, it shall be screened by a solid wall, a uniformly painted tight board fence or a hedge of compact evergreens or other suitable plantings. Such screen shall be at least four feet in height and shall be erected and maintained between such lot and any property in residential use.
  • (3) Development or redevelopment shall comply with all parking and landscaping requirements. A site plan which demonstrates that the parking requirements have been met shall be approved by the Director.
  • (4) Within Riverfront Zones, structures shall be subject to development plan review. Structures that are within either the Commercial Downtown Zone or the Downtown Pawtucket National Register Historic District shall be subject to design review by the Historic District Commission.
  • (5) Within Riverfront Zones, development or redevelopment shall comply with § 410-14.6.
• W. Electronic messaging centers.
  • (1) Only one electronic messaging center (EMC) per site is permitted.
  • (2) Each message is displayed for a minimum period of 60 seconds.
  • (3) Signs cannot contain or display animated, moving video, scrolling advertising or pictures.
  • (4) A uniform background must be provided, and a maximum of two colors may be displayed at the same time for maximum legibility.
  • (5) The intensity of the LED display shall not exceed the levels specified in the chart below:

    Maximum Intensity of LED Display
    Daytime maximum	5,000 nits*
    Nighttime** maximum	1,000 nits

    NOTES:
    *	Nits are a luminance measuring unit equal to one candela per square meter measured perpendicular to the rays from the source.
    **	"Nighttime" is defined as sunset to sunrise based upon the determination of the National Weather Service.

  • (6) EMCs are not permitted within local Historic Districts, National Register Historic Districts, or Mill Building Reuse Overlay Districts.
  • (7) EMCs cannot be located within 200 feet of a Residential Zone, a Riverfront Zone, a local Historic District or a National Register District. The applicant must provide a site plan which identifies all parcels within 200 feet. The submission of an assessor's map is not sufficient. All parcels within 200 feet of the proposed sign must be identified.
  • (8) EMCs may only operate between the hours of 7:00 a.m. and 11:00 p.m.
  • (9) Each square foot of the electronic messaging center counts for two square feet toward the calculation of total area of all signs.
• X. Marijuana cultivation and distribution.
  • (1) All marijuana building facilities in all zoning districts in the City of Pawtucket shall be subject to the following requirements:
    • (a) All registered cardholders, whether acting individually or in a cooperative cultivation, shall comply with all Rhode Island Department of Business Regulation (DBR) and Rhode Island Department of Health (DOH) regulations regarding the cultivation, distribution, and storage of marijuana and marijuana products at all times.
    • (b) All registered cardholders, whether acting individually or in a cooperative cultivation, are encouraged to comply with all building and fire codes for the City of Pawtucket. If the scale of cultivation operation necessitates the issuance of building, electrical, mechanical, or plumbing permits and inspections, said applications shall remain sealed and confidential by the Pawtucket Building Official at all times in accordance with state and federal medical confidentiality requirements.
    • (c) No marijuana establishment shall be combined with residential use of property.
    • (d) The building housing the cultivation shall be enclosed on the outside by a chain-link security fence with a height of no less than six feet.
    • (e) The facility must have a security system to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana, which shall include both adequate lighting, subject to the approval of the City's Building Official or Zoning Official in consultation with the City's Public Safety Director, including motion control lighting, and an alarm system that is linked to Pawtucket's public safety departments (police and fire).
    • (f) The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
    • (g) In addition to the requirements above, the following shall be required for the cultivation of marijuana:
      • [1] That the area used for marijuana growing be secured by locked doors.
      • [2] That the area used for marijuana growing have unobstructed means of ingress and egress at all times.
      • [3] That the area used for marijuana growing shall not be within 10 feet of a fuel or heating source, including but not limited to propane, natural gas, or an oil tank.
    • (h) In accordance with R.I.G.L. § 21-28/6-4(a), all marijuana must be cultivated and stored in an indoor facility.
    • (i) Odor mitigation measures shall be incorporated to eliminate any and all detection of marijuana cultivation, storage, sale, or distribution from abutting properties, tenants, and public ways.
  • (2) Compassion centers may be permitted by special use permit in Industrial Open (MO) and Industrial Built-Up (MB) Zones and are subject to all applicable provisions of the Zoning Ordinance and building construction codes. All of the following additional requirements must also be satisfied prior to the grant of a special use permit:
    • (a) The application for a special use permit shall provide the legal name and address of the compassion center, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the compassion center. The application shall also include a site plan, which 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 as described within this section.
    • (b) Submission of an operation plan demonstrating the operation of the requested use at the proposed location will not prevent the public from the beneficial use of any property used for a school, public or private, park, playground, recreational field, youth center, or licensed day-care center.
    • (c) The requested use at the proposed location shall not be located within a designated Mill Building Reuse District.
    • (d) Public access to the proposed location does not impede adjacent residential uses.
    • (e) The exterior appearance of the structure must be harmonious with that of existing structures within the immediate neighborhood of the zone and may incorporate modest signage, so as to prevent substantial diminishment or impairment of property values within the neighborhood.
    • (f) The requested use at the proposed location must not be located within:
      • [1] Two hundred feet of the nearest residential zoning district; or
      • [2] One thousand feet of the nearest school, public or private, park, playground, recreation field, youth center, or licensed day-care center; or
      • [3] Two thousand feet of any existing compassion center.
    • (g) The distances specified in the immediately preceding Subsection X(2)(f) shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of the residential district or to the nearest property line of any of the other designated uses set forth therein.
    • (h) Hours of operation for a compassion center shall be limited to 8:00 a.m. to 8:00 p.m.
    • (i) Lighting shall be required such that will illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, all parking areas, the front facade of the center, and any adjoining public sidewalks.
    • (j) The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.
    • (k) Compassion centers are subject to development plan review.
    • (l) All provided off-street parking and loading facilities shall comply with regulations included in Article IX of the Zoning Ordinance.
    • (m) All compassion centers shall fully comply with all other licensing requirements of the City of Pawtucket and the laws of the State of Rhode Island.
    • (n) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
      • [1] Safe vehicular and pedestrian circulation.
    • (o) A traffic impact study stamped by a Rhode Island licensed civil engineer that shows no decrease in service at any period in time.
    • (p) A signage plan that clearly identifies the business and its driveway and building entrances shall be submitted with the special use permit application.
    • (q) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any operational or physical alterations to the subject property.
  • (3) Licensed cultivator facilities may be permitted by special use permit in Industrial Open (MO) and Industrial Built-Up (MB) Zones and are subject to all applicable provisions of the Zoning Ordinance and building construction codes. All of the following additional requirements must also be satisfied prior to the grant of a special use permit:
    • (a) Minimum lot size: 8,000 square feet.
    • (b) The requested use at the proposed location must not be located within:
      • [1] Two hundred feet of the nearest residential zoning district; or
      • [2] One thousand feet of the nearest school, public or private, park, playground, recreation field, youth center, or licensed day-care center; or
      • [3] Two thousand feet of any existing licensed compassion center.
    • (c) The distances specified in the immediately preceding Subsection X(3)(b) shall be measured by a straight line from the nearest property line of the premises on which the proposed licensed cultivator use is to be located to the nearest boundary line of the residential district or to the nearest property line of any of the other designated uses set forth therein.
    • (d) The requested use at the proposed location shall not be located within a designated Mill Building Reuse District.
    • (e) Interior cultivation and storage activities shall not be visible from surrounding public ways or areas.
    • (f) A written acknowledgement of the limitations of the right to use and possess marijuana in Rhode Island that is signed by the cultivator license holder must be displayed prominently in the premises when cultivation is occurring.
    • (g) A licensed cultivator facility shall comply with all applicable Department of Business Regulation requirements regarding the possession of usable marijuana, mature marijuana plants, and seedlings allowable at a given time.
    • (h) A licensed cultivator facility must have displayed prominently on the premises documentation from the municipality that the location and cultivation has been inspected by the municipal building official, the municipal fire department, and state licensing officials and is in compliance with any applicable state and municipal housing and zoning codes.
    • (i) A licensed cultivator facility must report the location of the facility to the division of state police and fully comply with the laws of the State of Rhode Island.
    • (j) The licensed cultivator facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.
    • (k) All provided off-street parking and loading facilities shall comply with regulations included in Article IX of the Zoning Ordinance.
  • (4) Marijuana testing facilities may be permitted by special use permit in Industrial Open (MO), Industrial Built-Up (MB), and Commercial General (CG) Zones and are subject to all applicable provisions of the Zoning Ordinance and building and construction codes. All of the following additional requirements must also be satisfied prior to the grant of a special use permit:
    • (a) The lot cannot be within 500 feet of the nearest public or private school, public park, playground, recreation field, youth center, or licensed day-care center.
    • (b) The distances specified in the immediately preceding Subsection X(4)(a) shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana testing facility use is to be located to the nearest boundary line of the residential district or to the nearest property line of any of the other designated uses set forth therein.
    • (c) Interior testing and storage activities shall not be visible from surrounding public ways or areas.
    • (d) A written acknowledgement of the limitations of the right to use and possess marijuana in Rhode Island that is signed by the marijuana testing facility license holder must be displayed prominently in the premises where testing is occurring.
    • (e) A testing facility shall comply with all applicable Department of Business Regulation and Department of Health requirements regarding the possession, transportation, and removal of all usable marijuana.
    • (f) A testing facility must have displayed prominently on the premises documentation from the municipality that the location and testing has been inspected by the municipal building official, the municipal fire department, and state licensing officials and is in compliance with any applicable state and municipal housing and zoning codes.
    • (g) A testing facility must report the location of the facility to the division of state police and fully comply with the laws of the State of Rhode Island.
• Y. Rental storage space/self-storage facilities where permitted by special use permit shall comply with the following requirements:
  • (1) The proposed rental storage space/self-storage facilities shall not be located within 1,000 feet of an existing rental storage space/self-storage facility. The 1,000-foot distance shall be measured from the property lot line of the existing facility to the closest property lot line of the proposed self-storage facility.
  • (2) The only commercial activities permitted at a self-service storage facility shall be rental of storage units, pickup and deposit of goods and/or property in dead storage. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included.
  • (3) Storage units shall not be used to: manufacture, fabricate or process goods: service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity.
  • (4) The rental of trucks and trailers used for moving and the installation of hitch and towing packages may be allowed in association with a self-service storage facility.
  • (5) The maximum size of a storage unit shall be 500 square feet.
  • (6) All property stored on the site shall be entirely within enclosed buildings.
• Z. Place of worship.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Outdoor gathering space immediately outside the main entrance sufficient to hold congregant to fire code standards shall be shown on the plans.
    • (c) A designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (2) Religious motifs for the respective religion(s) shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application.
  • (3) A signage plan that clearly identifies the place of worship and denomination of the congregants shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AA. Museum.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated drop-off area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
  • (2) Curatorial design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application.
  • (3) A signage plan that clearly identifies the museum shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AB. Hospital.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) A designated drop-off area near an entrance to the building sufficient to hold at least four vehicles that does not block vehicle parking spaces.
    • (c) Vehicular and pedestrian signage directing patients and visitors to the different driveways and building entrances.
  • (2) Sufficient hospital design shall be demonstrated through the submission of architectural plans stamped by a Rhode Island licensed architect with the special use permit application that includes wayfinding directing patients and visitors to the different care destinations.
  • (3) A signage plan that clearly identifies the hospital and all wayfinding shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AC. Day-care center.
  • (1) The applicant shall provide proof of state licensing.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation.
    • (b) Outdoor recreation space under the custody and control of the day-care center sufficient to hold the entire facility's capacity.
    • (c) A designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (3) A signage plan that clearly identifies the day-care center shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AD. School.
  • (1) The applicant shall provide proof of licensing as required.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (3) A signage plan that clearly identifies the school shall be submitted with the special use permit application.
  • (4) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (5) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (6) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AE. Community center and nonprofit recreational facility.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
  • (2) A signage plan that clearly identifies the use shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AF. Civic, social, fraternal organization.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
    • (c) The majority of parking is in the rear yard behind the building.
  • (2) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (3) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (4) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AG. Restaurant, tavern, nightclub, and bowling alley, billiards, and pool.
  • (1) The use may not be combined with the residential use of the property.
  • (2) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
    • (c) The majority of parking is in the rear yard behind the building.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AH. Car washing facility.
  • (1) An operations plan is submitted with the special use permit demonstrating that 75% of water will be reused. The car washing facility shall adhere to the operations plan for the duration of its special use permit.
  • (2) Whether washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on site with no runoff onto the public right-of-way.
  • (3) All outdoor activities shall be screened from adjoining residential zones by a four-foot-high compact evergreen screen or tight board fence.
  • (4) When vacuums are included on the site, they shall include mufflers to reduce the sound of the equipment to a maximum of 85 decibels.
  • (5) Trash receptacles shall be placed near all vacuum stations as applicable and at the car wash entrance.
• AI. Storage of equipment, products, supplies or material.
  • (1) A site plan shall be submitted with dimension showing that all outdoor storage areas are completely enclosed by a six-foot solid fence or wall.
  • (2) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (3) A drainage plan signed by a Rhode Island licensed civil engineer shall be submitted with the special use permit demonstrating that surface water will not congregate in storage areas and no runoff from storage areas will enter the right-of-way.
  • (4) No vehicles shall back into or out of the property.
  • (5) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AJ. Rental storage space.
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 1% of facility's capacity as determined by the fire safety code, rounded up to the nearest whole number.
    • (c) The majority of parking is in the rear yard behind the building.
  • (2) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (3) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.
• AK. Apparel and other textile products, lumber and wood products, furniture and fixtures, paper and allied products, printing and publishing and sign manufacturing, plastic materials and synthetics, pharmaceutical drugs, soaps and cleaners, miscellaneous chemical products, fabricated metal products, machinery manufacturing, miscellaneous manufacturing, and brewing and distilling of beer or spirits.
  • (1) The operation of the facility shall generate no perceptible noise, vibration, emissions, odor or electrical interference from outside the property.
  • (2) Smoke and other airborne emissions shall conform to the standards of the Air Pollution Control Regulations of the Rhode Island Department of Environmental Management, issued under the authority of Chapter 23-25 of the General Laws of Rhode Island, 1956, as amended.
  • (3) If deemed necessary by the Department of Public Works, the permitting authority may require the pretreatment of liquid waste prior to discharge into the sewer system, or may require that such liquid waste be transported to a suitable treatment or disposal facility in a manner conforming to all applicable federal and state regulations.
  • (4) No manufacturing or business enterprise shall cause radiation emission which exceeds the safe limits established in the regulations of the United States Nuclear Regulatory Commission, or any other agency of competent jurisdiction. This limit shall apply to emissions from radioactive materials and waste, electromagnetic radiation, x-ray radiation, microwave radiation and other forms of radiation presenting a potential hazard to employees and abutters of the manufacturing or business enterprise.
• AL. Bed-and-breakfast.
  • (1) The maximum number of parked vehicles must be consistent with available on-site parking.
• AM. Theater and performing arts venue
  • (1) Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating:
    • (a) Safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
    • (b) Outdoor gathering space immediately outside the main entrance sufficient to hold the property's largest theater's fire code occupancy shall be shown on the plans.
    • (c) There shall be a designated drop-off area near an entrance to the building with a queuing lane that does not block vehicle parking spaces calculated as 5% of facility's property's largest theater's fire code occupancy, rounded up to the nearest whole number.
  • (2) A signage plan that clearly identifies the use and wayfinding to the theater(s) shall be submitted with the special use permit application.
  • (3) A lighting plan stamped by a Rhode Island licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.
  • (4) A security plan including information relating to entrance procedure, police details and video and lighting locations. The security plan must be approved by the Chief of Police or their designee as sufficiently safe and updates shall be submitted to and approved by the Chief of Police or their designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.
  • (5) Any future changes to those items depicted on the plans shall be submitted to the permitting authority for its review and approval prior to completion of any physical alterations to the subject property.

A "nonconformance" is a building, structure, sign or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of such ordinance or amendment.

A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was in existence prior to October 21, 1966, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to October 21, 1966, and was separately owned. Any building, structure, sign or parcel of land, or use thereof, that was not lawfully existing or established at the time of the adoption or amendment of this chapter is not protected by this section.

A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in Article II, is nonconforming by use.

A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter, as set forth in Article IX, is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of this chapter, including but not limited to those regulations for minimum lot size, lot width or lot frontage (also known as a "substandard lot of record"), is also nonconforming by dimension.

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.

A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this Article. Where the regulations conflict, the most restrictive regulations shall apply.

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

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

• A. Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquillity of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.
• B. Continuance of use. Nothing in this chapter shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.
• C. Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this Article.
• D. Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.
• E. Addition and enlargement. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.
• F. Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.
• G. Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include but not be limited to increasing hours of operation, increasing the number of dwelling units or increasing the seating capaCity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of Subsection F, above.
• H. Change of use.

  [Amended 10-23-1997 by Ch. No. 2470]

  • (1) Residential zones. Within any residential zone, a nonconforming use shall only be changed to a permitted use or within the same use group number listed under § 410-12, Table of Use Regulations. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
  • (2) Nonresidential zones. Within any nonresidential zone, a nonconforming use may be changed to a permitted use, within the same use group number listed under § 410-12, Table of Use Regulations, or may be changed to a different nonconforming use by special use permit in accordance with § 410-59C(1). A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
• I. Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this chapter. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the City, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this chapter for themselves or for any other property.

• A. Continuance. Nothing in this chapter shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.
• B. Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this article.
• C. Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.
• D. Addition and enlargement. A building or structure which is nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located or unless the addition or enlargement would result in the squaring off of an existing building within an existing nonconforming setback, provided that the existing nonconformity applies to more than 50% of the structure.

  [Amended 9-21-2006 by Ch. No. 2825]

• E. Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.
• F. Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.
• G. Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.
• H. Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be deemed to be an abandonment. If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

• A. Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.
• B. Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.
• C. Abandonment. If a nonconforming use of land is abandoned, it may not be reestablished. If any nonconforming use of land is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use of land.

[Amended 10-23-1997 by Ch. No. 2470]

• A. Enlargement of undersized lots. Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this article.
• B. Merger of substandard lots.
  • (1) If two or more adjacent lots of record or combinations of lots of record are in single or undivided ownership at the time of the adoption of this chapter or future amendment, and if all or part of such lots of record do not conform in the regulations for street frontage or area in effect for the zone involved, such lots of record shall be considered as a single lot for the purposes of this chapter. No such lot shall be divided for use, sale or other transfer of ownership without City Planning Commission approval or Joint Planning Commission as appropriate approval. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 feet of the subject lot, as confirmed by the Director.

    [Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]

  • (2) If two or more adjacent lots of record or combinations of lots of record are in single or undivided ownership at the time of the adoption of this chapter or future amendment, and if all or part of such lots of record are improved and do not conform in the regulations for street frontage or area in effect for the existing use within the zone involved, such lots of record shall be considered as a single lot for the purposes of this chapter. No such lot shall be divided for use, sale or other transfer of ownership without City Planning Commission or Joint Planning Commission as appropriate approval. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of 50% of the lots within 200 of the subject lot, as confirmed by the Director.

    [Added 11-21-2007 by Ch. No. 2881; amended 12-20-2023 by Ch. No. 3287]

    Editor's Note: This Ch. No. 2881 also renumbered former Subsection B(2) as Subsection B(3).

  • (3) However, any merged lot in the RS, RT and RM District may be subdivided, with City Planning Commission approval, into as many five-thousand-square-foot lots as possible, and if any merged lot in the RL District may be subdivided, with City Planning Commission approval, into as many nine-thousand-square-foot lots as possible. Although the City Planning Commission shall have the power to approve an equal number of lots as would be created by such mechanism above, any and all lot area which remains after the subdivision of the merged lot shall not be construed as an existing nonconforming lot of record but, rather, such remaining lot area shall, without exception, be distributed evenly over such newly created legal and conforming lots.
  • (4) A substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request in accordance with § 410-97.1 or a variance request in accordance with Article XIII of this chapter.

    [Added 12-20-2023 by Ch. No. 3287]

• C. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and/or quantitative requirements of this chapter, and/or frontage or other access requirements applicable to the district as stated in this chapter, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage. and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under § 410-97.1 or a dimensional variance request under Article XII of this chapter, whichever is applicable.

  [Added 12-20-2023 by Ch. No. 3287]

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article IX.

• A. Addition, enlargement, expansion and intensification of nonresidential uses. A nonresidential building or structure or use of land nonconforming by parking may be added to, enlarged, expanded or intensified, provided that additional parking space is supplied to meet the requirements of Article IX for such addition, enlargement, expansion or intensification.
• B. Addition, enlargement, expansion and intensification of residential uses. Any residential building or structure nonconforming by parking may not be added to, enlarged, expanded or intensified unless brought into full compliance with the parking requirements of Article IX, such that sufficient parking is provided for the entire structure, including the original portion and the addition, enlargement, expansion or intensification.
• C. Change of use. A building or structure nonconforming by parking may be changed to a different use, other than a residential use, pursuant to all other provisions of this chapter, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this chapter for the new use are provided.

[Amended 8-20-2009 by Ch. No. 2928; 10-6-2011 by Ch. No. 2981]

• A. In order to minimize traffic congestion, air pollution and the risk of accidents and to promote other elements of sound community planning, off-street parking spaces shall be provided and satisfactorily maintained for all permitted uses of buildings, structures or lots as specified in this section. The requirements of this section apply under the following circumstances:
  • (1) All new buildings and structures erected for a use that requires off-street parking or loading;
  • (2) Any new building and/or structure that is altered or enlarged; and
  • (3) All new, additional or expanded uses of a property or any change in an existing use which generated additional off-street parking or loading.
• B. Any structure or use existing prior to the effective date of these provisions, or any amendment thereto, with parking areas that do not meet the requirements of this article shall be subject to the requirements of Article VIII, Nonconformance.

Accessory parking required by this chapter shall be located on the same or contiguous lot as the principal structure or use the parking is intended to serve, unless the Board shall allow off-site parking as a special use permit under Article XIII.

Parking as a principal use may be located only in zones where permitted by right.

[Amended 8-25-2004 by Ch. No. 2739; 8-20-2009 by Ch. No. 2928; 10-6-2011 by Ch. No. 2981]

• A. The following table specifies the minimum and maximum number of off-street parking spaces required for single uses as designated in Article II, Use Regulations.
• B. Commercial Downtown (CD) District. The provision of off-street parking is not required for residential or nonresidential uses within the CD District. However, applicants choosing to have on-site parking must abide by the provisions of this section. No provisions within the Zoning Ordinance shall be construed as providing exemptions from requirements under the Americans with Disabilities Act (ADA).
• C. All parking facilities shall comply with the Rhode Island State Building Code with respect to number of spaces designated for handicapped persons.
• D. If a use is not specifically listed in the table of off-street parking requirements, the requirements shall be the same as for the most similar use listed as determined by referencing the Institute of Traffic Engineers Parking Generation Report.
• E. When the schedule requires the on-site number of spaces to be calculated per employee, and employees are on the site in shifts, the off-street parking requirement shall be based on the number of employees present during the largest shift (most employees).
• F. A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling.
• G. Up to 50% of off-street parking requirements may be provided off site, provided that parking is located within 400 feet of the property boundary in a walkable route from one property boundary to another and safe, well-lighted pedestrian access can be demonstrated by the applicant.
• H. Delineated on-street parking located directly in front of a lot on which a business use operates may be counted towards fulfilling the off-street parking space requirements of that use.
• I. Downtown commercial district. No off-street parking shall be located between the street line and the building face containing the principal entrance.
• J. Personal service establishments, museums, libraries and art galleries, which are operated in storefronts or as home occupations, and which do not exceed 1,000 square feet of floor space, are exempt from off-street parking space requirements.
• K. Parking in the Mill Building Reuse District (MBRD). The requirements set forth below shall be reduced by 50% for structures in a MBR District, and 100% of parking may be located at a distance of not more than 400 feet from the structure or uses that the parking is intended to serve.

  	Parking Spaces Required
  			Minimum	Maximum
  	Use		Residential
  	One- and two-family dwelling units		2 per dwelling unit
  	Multifamily dwellings with 3 or more dwelling units		2 per dwelling unit
  	Community residence		1 per staff employee
  	Nursing or convalescent home, orphanage		1 per 4 beds
  	Convent or rectory		1 per 4 beds
  	Family day-care home		1 per dwelling unit
  	Manufactured home park		1 per manufactured home
  	Boardinghouse		1 per rooming unit
  	Rooming house
  		Up to 6 rooming units	1 per rooming unit
  		Over 6 rooming units	1 per dwelling unit and 1 per rooming unit
  	Bed-and-breakfast, motor inn and hotel		1 per guest room
  			Public, Semipublic Education and Recreation
  	Place of worship		1 per 5 seats in assembly rooms
  	Hospital		1 per 1 bed
  	Day-care center		1 per 1,000 square feet of gross floor area
  	Public elementary school		1 per classroom
  	Trade or professional school		1 per 5 seats in classroom
  	Not otherwise specified herein		1 per 5 seats in assembly rooms or 1 per 400 square feet of gross floor area, whichever is greater
  			Commercial
  	Retail store, personal services establishment, office, and other commercial uses		1 per 1,000 square feet of leasable floor space	1 per 300 square feet of leasable floor space
  	Eating and drinking establishments		1 per 4 seats or 1 per 90 square feet of floor area	1 per 2 seats or 1 per 50 square feet of floor area
  	Amusement and recreation		1 per 5 seats in assembly rooms or 200 square feet of gross floor area, whichever is greater
  	Wholesale commercial		1 per 2,000 square feet of floor area devoted to covered storage space
  	Storage		1 per 10,000 square feet of covered floor area
  	Industrial		1 per 1,000 square feet of floor area or 2 employees on the maximum working shift, whichever is greater

[Added 10-6-2011 by Ch. No. 2981]

• A. When any lot contains two or more nonresidential uses, the sum of the individual parking demand values shall serve as the baseline parking demand. Fractions shall be rounded down where any component of this calculation uses more than the minimum parking requirements listed in the parking table. An applicant may petition for fewer parking spaces than the aggregate baseline demand through development plan review with the Planning Commission or major land develop review as applicable by submitting a peak demand analysis consistent with the guidance provided in the Institute of Traffic Engineers' (ITE's) Shared Parking, 2nd Edition, as may be amended.
• B. Up to 50% of on-site off-street shared parking requirements may be provided off site, provided that parking is located within 400 feet of the property boundary in a walkable route from one property boundary to another and safe; well-lighted pedestrian access can be demonstrated by the applicant.

[Amended 10-23-1997 by Ch. No. 2470; 6-23-1999 by Ch. No. 2531; 3-22-2001 by Ch. No. 2592; 5-28-2003 by Ch. No. 2685; 9-21-2006 by Ch. No. 2825; 11-21-2007 by Ch. No. 2881; 8-20-2009 by Ch. No. 2928; 10-6-2011 by Ch. No. 2981]

• A. All accessory parking facilities for residence zones shall be developed in accordance with the following provisions:
  • (1) Paving. Driveways and parking areas shall be paved with bituminous materials, concrete, brick or inlaid stone. No crushed stone is permitted. Permeable pavers may be permitted for use through the development plan review process.
  • (2) Paving limitations. Paving on lots in residence zones shall be limited to the following provisions:
    • (a) The front yard may be used for a driveway to access a garage or for a parking area. A driveway used to access a single-car garage, side yard parking area or rear yard parking area of four cars or less may be no more than 18 feet wide. A driveway used to access a two-car garage or larger or a parking area for more than four cars located in a side or rear yard may be no more than 25 feet wide. Nothing hereto shall prohibit a parking area in the front yard, provided that there is no other driveway located in the front yard and the paved area occupies no more than 36% of the front yard.
    • (b) Only one side yard shall be permitted to be paved for parking, except in the case of a multiunit structure with two or more dwelling units on the ground floor.
    • (c) Only 50% of the rear yard area shall be permitted to be paved.
  • (3) Parking on nonpaved areas. Parking shall not be permitted on a nonpaved portion of the lot.
• B. Every parcel of land which, after the effective date of this chapter or any amendment thereto, is developed as an accessory or principal use parking facility for more than four vehicles; including automobile or trailer sales area, automotive service station or garage, shall be developed as provided herein.

[Amended 9-21-2006 by Ch. No. 2825; 8-20-2009 by Ch. No. 2928; 10-6-2011 by Ch. No. 2981]

• A. Minimum size of parking spaces.
  • (1) Parking areas for more than six cars shall have the following minimum dimensional requirements affecting the width and length of individual parking stalls and the width of aisles exclusive of necessary drives and other accessways:
    • (a) Minimum width: nine feet.
    • (b) Minimum length: 18 feet.
    • (c) Minimum aisle width:
      • [1] Ninety-degree angle: 24 feet.
      • [2] Sixty-degree angle: 16 feet.
      • [3] Forty-five-degree angle: 12 feet.
      • [4] Thirty-degree angle: 11 feet.
      • [5] Zero-degree angle (parallel parking): 12 feet.
  • (2) All parking facilities shall conform with the Rhode Island State Building Code with respect to the size of spaces for handicapped persons.
• B. Striping. For parking areas of more than four cars, each parking space shall be marked by pavement lines.
• C. Entrance and exit. Each parking space shall be designed with adequate off-street area for approach, turning and exit with minimal use of any part of a public right-of-way.
• D. Paving. Parking areas, where subject to wheeled traffic, shall be treated with bituminous, concrete or equivalent surfacing and shall have appropriate bumper or wheel guards where needed.
• E. Lighting. Any light used to illuminate said parking area shall be so arranged as to reflect the light away from the adjoining premises in a residence zone and from adjoining streets.
• F. Landscaping. The following landscape standards for parking lots represent the minimum requirements for any parking area designed to accommodate more than six vehicles. Where a proposal requires development plan review with the Planning Commission or review as a land development project, these applications shall be subject to the standards listed in Section XV, Article A, of the Land Development and Subdivision Regulations of the City of Pawtucket.
  • (1) Outdoor parking areas shall be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights and parking lot lights from the public right-of-way and from adjoining properties and to enhance the aesthetic quality of the area and to minimize/reduce stormwater and drainage impacts. All such parking areas shall be landscaped as follows:
    • (a) Industrial zones:
      • [1] A three-foot planted strip with one shade tree for every 40 feet of frontage.
      • [2] A three-foot planted strip with one shade tree for every 50 feet of interior lot lines. A hedge of compact evergreens or other suitable plantings may be substituted for the planted strip.
    • (b) Commercial:
      • [1] A three-foot planted strip with one shade tree for every 40 feet of frontage.
      • [2] A three-foot planted strip with one shade tree for every 50 feet of interior lot lines. A hedge of compact evergreens or other suitable plantings may be substituted for the planted strip.
    • (c) Residence zones:
      • [1] Along the street frontage, a three-foot planted strip with one shade tree for every 40 feet of frontage.
      • [2] Along interior lot lines, a three-foot planted strip with one shade tree for every 50 feet of interior lot lines. A hedge of compact evergreens or other suitable plantings may be substituted for the planted strip.
      • [3] Planted areas totaling 2% of the parking area must be provided. One interior shade tree may be substituted for every 200 square feet of required planted area.
  • (2) Landscape plan requirements.
    • (a) Proposed landscaping must be reviewed and approved by the Department of Planning and Redevelopment or the Planning Commission as applicable.
    • (b) For parking areas proposed for more than six vehicles, the landscaping plan submitted to comply with § 410-78 must be stamped and signed by a registered landscape architect registered in Rhode Island.
    • (c) Proposed shade trees must be from the list of Approved Pawtucket Street Trees, on file with the Department of Planning and Redevelopment. Shade trees must be a minimum of two inches to 2 1/2 inches in caliper.
  • (3) All landscaped areas shall be maintained. This shall include replacement of dead or damaged plant material, weeding, mowing of grass, cleaning of litter or any other action deemed necessary by the City of Pawtucket to ensure that the requirements of this section are met. Failure to maintain a landscaped area shall be deemed a violation of this chapter.

  Editor's Note: Said regulations are on file in the City offices.

• G. Screening in all zones. Where parking areas adjoin a lot in a residential district, they shall be screened by a solid wall, a uniformly painted tight board fence or a hedge of compact evergreens or other suitable plantings. Such screen shall be at least four feet in height and shall be erected and maintained between such parking area and the property in residential districts.

• A. Continuation of facilities. The schedule of requirements for off-street parking space shall be a continuing obligation of the owner of the real estate on which any such structure is located as long as the structure is in existence and its use requiring vehicle parking facilities continues. It shall be a violation of this chapter for an owner of any building affected by this section to discontinue, change or dispense with or cause the discontinuance or change of required vehicle parking space, apart from the discontinuance, sale or transfer of such structure, without establishing alternative vehicle parking space which meets with the requirements of and is in compliance with this article.
• B. Parking not required. Where a lot abuts upon a street or place which, due to topographic conditions or excessive grades, is not accessible by vehicle and such lot is to be occupied by not more than a one-family dwelling, no parking space shall be required.

  Editor's Note: Former Subsection B, Mixed uses, was repealed 10-6-2011 by Ch. 2981, which chapter also redesignated former Subsections C through K as Subsections B through J.

• C. In residential zones, major recreation equipment, which includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes or storage trailers, owned and registered to a person residing on the premises shall be either parked or temporarily stored in accordance with the following regulations, or shall be parked or stored in completely enclosed structures:

  [Amended 4-23-2008 by Ch. No. 2887]

  • (1) No more than one of any of the following shall be parked or stored on a lot in a residential zone: boat and boat trailer, item of mobile camping equipment or other noncommercial trailer.
  • (2) No boat or boat trailer or item of mobile camping equipment shall be parked between the primary structure and street frontage.
  • (3) No major recreation equipment shall be stored out-of-doors in residential districts unless it is in a condition for safe and effective performance of the function for which it was intended.
• D. No boat, item of mobile camping equipment or other noncommercial trailer shall be used or occupied for living, sleeping or housekeeping purposes when parked or stored on a lot in a residential zone.
• E. Boats and boat trailers, mobile camping equipment and other noncommercial trailers not owned and operated by a person residing on the premises shall not be parked or stored on a lot in a residential zone.
• F. An unoccupied manufactured home shall not be parked or stored on a lot in a residential zone. A single manufactured home shall not be used or occupied for dwelling purposes, except in a manufactured home park.
• G. No commercial or noncommercial manufactured home trailer, occupied or unoccupied, shall be allowed to be stored, parked or used for any purpose in a commercial or manufacturing zone, except any authorized manufactured home dealership.
• H. Commercial-type trailers used as field offices for construction purposes shall be allowed for the duration of the project in all zones.
• I. Mobile storage and refuse containers, any enclosed or partially enclosed unit, including, but not limited to, “POD” units that are intended for delivery to a customer’s site for loading and unloading, may be stored on any property with a residential use for no more than 72 hours. Containers associated with construction activity may be stored for no more than 30 days.

  [Added 8-20-2009 by Ch. No. 2928]

• J. Mobile storage and refuse containers, any enclosed or partially enclosed unit, including, but not limited to, truck trailers, may be stored on any property for no longer than 30 consecutive days, provided that they do not interfere with normal traffic and parking operations on any property within a commercial or industrial zone, unless that property has a residential use.

  [Added 8-20-2009 by Ch. No. 2928]

Editor's Note: The title of this section was amended to add "and temporary storage" 8-20-2009 by Ch. No. 2928.

In order to avoid undue interference with public use of the street, no land shall be used or occupied and no structure shall be erected or used unless the off-street loading spaces required are provided. Adequate space for standing, loading and unloading of such vehicles is required. Such space is not required for any structure or use existing prior to the effective date of this chapter or any amendment thereto; provided, however, that off-street loading spaces as required in this chapter shall be provided subject to the requirements of this section for any enlargement or addition to any such existing structure or use. To the extent possible, loading areas shall be to the rear of any building and away from residences.

• A. Location. The off-street loading spaces required by this chapter shall be on the same lot or parcel of land as the use or structure they are intended to serve. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements of this chapter. The dimensions of off-street loading space shall not include driveways or entrances to or exits from such off-street loading berths.
• B. Number of required loading spaces. For each building or structure or use listed below, the following loading spaces are required: one loading space shall be provided for every 20,000 square feet of gross floor area or fraction thereof greater than 4,000 square feet of gross floor area. The gross floor area dedicated to office uses in a building shall not be included in the calculation for required loading spaces. Buildings and uses within the following use categories: 16, wholesale commercial; 19, storage uses; 20, industrial uses; buildings that exceed 20,000 square feet within Use Category 7, general commercial uses.

  [Amended 8-20-2009 by Ch. No. 2928]

• C. Size of required loading spaces. Each off-street loading space shall consist of the following dimensions:
  • (1) Length: 55 feet.
  • (2) Width: 12 feet.
  • (3) Vertical clearance: 14 feet.
• D. Continuation of facilities. The schedule of requirements for off-street loading space shall be a continuing obligation of the owner of the real estate on which any such structure is located as long as the structure is in existence and its use requiring vehicle loading facilities continues. It shall be unlawful for an owner of any building affected by this section to discontinue, change or dispense with or cause the discontinuance or change of required loading space, apart from the discontinuance, sale or transfer of such structure, without establishing alternative loading space which meets with the requirements of and is in compliance with this section.

The purpose of this Article is to recognize the function of signs in the City of Pawtucket, to provide for their inclusion under this chapter and to regulate and control all matters relating to such signs, including location, size and purpose. Signs are accessory uses and are permitted only in conjunction with permitted uses. Such signs are intended to advertise goods, services, facilities, events or attractions available on the premises where located, to identify the owner or occupant or to direct traffic on the premises. It is the further purpose of the Article to preserve locally recognized values of community appearance; to safeguard and enhance property values in residential, commercial and industrial areas; to protect public investment in and the character of public thoroughfares; to reduce hazards to motorists and pedestrians traveling on the public way, and thereby to promote the public health, safety and welfare. These purposes will be accomplished by regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zoning district. The placement and physical dimensions of signs are regulated primarily by type and length of building frontage.

No sign will be permitted as a main or accessory use except in accordance with the provisions of this Article.

[Amended 10-23-1997 by Ch. No. 2470; 8-25-2004 by Ch. No. 2739; 2-25-2010 by Ch. No. 2934]

• A. Governmental. Signs of every kind and nature erected by or on behalf of any federal, state or local government agency, including official traffic control or informational signs, hazard warning signs, City-sponsored outdoor murals, legal notices, railroad crossing signs or other similar signs required by law.
• B. Signage that does not exceed one square foot in area, is nonilluminated and is limited to a total area of two square feet per structure.
• C. Signs that cannot be seen from the public right-of-way.
• D. Temporary signs. The following signs, whether fixed or portable, are permitted in all zones.
  • (1) Signs for events; provided, however, that no such temporary sign may be erected for a period of more than 45 consecutive days in any year nor more than 30 days prior to the event, plus the duration of the event, with a total of 60 cumulative days throughout the year.
    • (a) Within all residential and riverfront zones, such signs shall not exceed a total area of 12 square feet and shall be set back a minimum of six feet from any property line.
    • (b) Within all commercial zones, such signs shall not exceed a total area of 32 square feet and shall be set back a minimum of 10 feet from any property line.
    • (c) Within all manufacturing zones, such signs shall not exceed a total area of 32 square feet and shall be set back a minimum of 10 feet from any property line.

The following signs shall be prohibited in all zones in the City.

• A. Traffic or safety hazards. Signs determined to constitute a traffic hazard by the Chief of Police, or other safety hazard by the Director of Zoning and Code Enforcement. Said determination shall be made by reason of size, support material(s) used, location or type of illumination.

  [Amended 3-22-2001 by Ch. No. 2592]

• B. Flashing/electronic signs: signs having lights or illumination which flahses, moves, rotates, scintillates, blinks, flickers, varies in intensity of color or uses interminttent electrical pulsations.

  [Amended 8-25-2004 by Ch. No. 2739; 9-21-2006 by Ch. No. 2825; 11-21-2007 by Ch. No. 2881; 2-25-2010 by Ord. No. 2934]

• C. Signs on utility poles. Utility poles owned by any governmental agency or utility company shall not be used for any type of sign or message other than those specifically erected by such governmental agency or utility company.

  Editor's Note: Former Subsection C, Billboards, was repealed 10-23-1997 by Ch. No. 2470. Said Ch. No. 2470 also redesignated former Subsection D as Subsection C.

The following words are hereby defined in accordance with the requirements of this article:

AWNING — Any nonrigid material, such as fabric or flexible plastic, that is supported by or stretched over a frame that is attached to an exterior wall.

AWNING SIGN — A sign placed directly on the surface of an awning.

BILLBOARD — All off-site signs or off-site advertising, and any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is not located on the premises upon which the sign is located. This definition does not include governmental traffic, directional or regulatory signs or notices of the federal, state, county or City government or their public agencies.

CANOPY — An extension of the roof of a building or a freestanding structure that has a roof with support, but no walls.

CANOPY SIGN — A sign painted on or attached to a hood, awning or roof-like canopy. Individual letters, words or symbols may be affixed or applied to any surface, provided that the area of the sign does not exceed the maximum area allowed in § 410-88. A canopy sign is not considered a projecting sign. In no event shall such sign or part thereof be erected closer than two feet to the curbline.

CHANGEABLE COPY SIGN — A sign that is designed so that characters, letters or illustrations can be manually changed or rearranged without altering the face or surface of the sign.

[Amended 8-25-2004 by Ch. No. 2739]

CHANNEL LETTER OR DIMENSIONAL LETTER SIGN — A sign comprised of individual letters and graphics without a frame or separate background.

[Added 2-25-2010 by Ch. No. 2934]

COPY AREA OF A SIGN — The actual area of the characters and letters displayed on a sign face.

DIRECTIONAL SIGN — A sign identifying on-premises traffic, parking or other functional activity bearing no commercial advertising. Such signs are permitted in all zones except in residential zones and shall be limited to four square feet in area per sign.

DIRECTORY SIGN — A sign which displays the names and/or addresses of the establishments or uses of a building or group of buildings.

ELECTRONIC MESSAGING CENTER/ELECTRONIC MESSAGE BOARD — An exterior computer-programmable sign capable of displaying words, symbols, figures or picture images that can be altered or rearranged by remote means without altering the face or surface of the sign.

[Added 2-25-2010 by Ch. No. 2934]

ERECT — To assemble, construct, build, raise, place, install, affix, attach, create, paint, draw or in any other way bring into being or establish.

FACADE — The exterior front surface of a building.

FREESTANDING SIGN — A sign that is attached to, erected on or supported by some structure (such as a pole, mast, frame or other structure, but not any kind of antenna) that is not itself an integral part of or attached to a building. A sign that stands without supporting elements, such as sandwich sign, is also a freestanding sign. All permanently installed freestanding signs shall be protected from vehicular circulation and parking areas.

FRONTAGE, BUILDING — The length of a building that faces a street, parking area or private drive.

FRONTAGE, LOT — The length of that part of a zoning lot that fronts a public street.

ILLEGAL SIGN — Any sign erected or maintained in violation of a preceding ordinance or erected, altered, removed or replaced in violation of this chapter.

ILLUMINATED SIGN — A sign illuminated in any manner by an artificial light source, whether internally or externally illuminated.

LANDMARK SIGN — An older sign of artistic or historic merit, uniqueness or significance.

MARQUEE — A permanent structure other than a roof, attached to, supported by and projecting from a building and providing protection from natural elements.

MARQUEE SIGN — A sign attached to and made part of a marquee or any other similar projection from a building.

MONUMENT SIGN — A freestanding sign with a base affixed to the ground which measures at least 2/3 the horizontal length of the sign.

NONCONFORMING SIGN — A sign that met all legal requirements when constructed, but is not in compliance with the present sign regulations. An illegal sign is not a nonconforming sign.

OFF-SITE SIGN or OFF-SITE ADVERTISING (see "billboard") — Any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is not located on the premises upon which the sign is located. This definition does not include governmental traffic, directional or regulatory signs or notices of the federal, state, county or City government or their public agencies.

ON-PREMISES SIGN — Any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is located on the premises upon which the sign is located.

POLE SIGN — A freestanding sign with a base at least eight feet above the ground which is supported from the ground by a pole or a similar support structure of narrow width.

PROJECTING SIGN — A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building. In no event shall such sign or part thereof be erected closer than two feet to the curbline.

ROOF SIGN — A sign that projects more than two feet above the roof, parapet or ridge line of the building; or mounted upon any roof, parapet or ridge line of a building.

SANDWICH BOARD (SIDEWALK) SIGN — Any freestanding, movable or immobile sign placed within the City right-of-way (sidewalk). See § 351.14 of Chapter 351, Streets and Sidewalks, of the Code of the City.

[Added 6-23-1999 by Ch. No. 2531]

SIGN — Any object, device or structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs include, but are not limited to, flags, banners, pennants and bunting.

[Amended 2-25-2010 by Ch. No. 2934]

SUBSTANTIAL OWNERSHIP INTEREST — Any ownership interest in excess of 5% of the total ownership interest.

TEMPORARY SIGN — A sign that is displayed only for a specified period of time with a permit from the Division of Zoning and Code Enforcement.

VISIBILITY TRIANGLE — Signs shall be located so that at every street intersection there is a clear view between three feet and 10 feet above the plane of a triangle formed by the two street lines and a third line joining points on the street lines 20 feet from their intersection.

WALL SIGN — A sign attached to a wall of a building or is made of any material, including vinyl and cloth signs, and which extends not more than 15 inches from the face of the wall.

[Amended 6-23-1999 by Ch. No. 2531; 9-21-2006 by Ch. No. 2825]

WINDOW SIGN — A sign that is attached to the inside of any window or situated within a building, so that the sign is visible from the public right-of-way.

Editor's Note: The former definition of "banner," which immediately followed this definition, was repealed 6-23-1999 by Ch. No. 2531.

• A. All permitted signs shall be measured as follows:
  • (1) Area. Measured in square feet, the entire area within a square, rectangle, circle, triangle or any other polygon enclosing the extreme limits of graphic, writing or similar representation, emblem or any fixture of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of the one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. For channel letter and dimensional letter signs only, the copy area will be used to determine sign area if the copy area is provided by the applicant, alone with a dimensioned drawing.

    [Amended 2-25-2010 by Ch. No. 2934]

  • (2) Height. Measured in feet, the overall height of a sign is measured from the grade directly below the sign to the highest point of the sign or any of its supports.
  • (3) Setback measured in feet from the outermost edge of the sign to the public right-of-way.
  • (4) Projection over public right-of-way. Measurement in feet, perpendicular to the property line, from the property line to the outermost edge of the sign, over any public right-of-way.
• B. Maximum permitted sign area. In all zones but the residential districts, the maximum permitted area for signs on a building shall be based on the building frontage. Where a building fronts on two or more streets, the total area for signs for each street frontage shall be based on the building frontage for that street. For gas stations, street frontage shall be used to calculate the permitted total area of signs as permitted in the tables. For any drive-in business that has a booth for employees only with no public access, including a gas station, the maximum area of signs shall be based on the street frontage, and on a corner lot, only one street frontage shall be used to calculate maximum sign area.

• A. Externally illuminated sign. Any sign which is illuminated by a light that reflects off the surface of the sign from an external source shall be considered an externally illuminated sign.
• B. Internally illuminated sign. Any sign shall be considered an internally illuminated sign where the source of the illumination is inside the sign and light emanates through the message of the sign. Signs that consist of or contain tubes that are filled with neon or some other gas that glows where an electric current passes through it and are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, also shall be considered internally illuminated signs.
• C. Illuminated signs are allowed only in Commercial and Industrial and Riverfront Zoning Districts. Legal nonconforming nonresidential uses, nonresidential uses allowed by right and multifamily residential uses with more than 12 units within residential zoning districts are allowed to be illuminated between the hours of 7:00 a.m. and 11:00 p.m. only.

  [Added 9-21-2006 by Ch. No. 2825; amended 2-25-2010 by Ch. No. 2934]

[Amended 10-23-1997 by Ch. No. 2470; 3-22-2001 by Ch. No. 2592; 12-19-2003 by Ch. No. 2709; 9-21-2006 by Ch. No. 2825; 11-21-2007 by Ch. No. 2881; 2-25-2010 by Ch. No. 2934]

• A. Residential zoning districts – residential uses up to 12 units. In the zoning districts designated RL, RS, RT and RM, one of the following types of signs is allowed:

  	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
  	Freestanding	2	5	2	--
  	Wall	2	--	--	--
  	Canopy	Not permitted	--	--	--
  	Monument	Not permitted	--	--	--
  	Projecting	Not permitted	--	--	--
  	Window	2	--	--	--
  	Roof	Not permitted	--	--	--

• B. Residential Elevator District – residential uses. In the zoning district designated RE, the following types of signs are allowed. The maximum total area of all signs on any structure shall not exceed one square foot per one linear foot of building frontage. The maximum area of any individual sign shall be limited as follows:

  	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
  	Freestanding	24	6	2	--
  	Wall	1 per 1 foot of building frontage	--	--	--
  	Canopy	1 per 1 foot of building frontage	--	--	4
  	Monument	32	4	1	--
  	Projecting	Not permitted	--	--	--
  	Window	8 square feet, but no more than 25% of total glass area of window. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
  	Roof	Not permitted	--	--	--

• C. Residential zoning districts – nonresidential uses and residential uses exceeding 12 units. In all residential zoning districts, the following types of signs are allowed for legal nonconforming nonresidential uses, nonresidential uses allowed by right and multifamily residential uses with more than 12 units. The maximum total area of all signs on any structure shall not exceed one square foot per two linear feet of building frontage. The maximum area of any individual sign shall be limited as follows:

  	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
  	Freestanding	24	6	2	--
  	Wall	1 per 2 feet of building frontage	--	--	--
  	Canopy	1 per 2 feet of building frontage	--	--	4
  	Monument	32	4	1	--
  	Projecting	Not permitted	--	--	--
  	Window	8 square feet, but no more than 25% of total glass area of window. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
  	Roof	Not permitted	--	--	--

  	NOTES:
  	1.	Only one freestanding sign is permitted per street frontage.
  	2.	The City of Pawtucket can only permit projections over City-owned rights-of-way.

• D. Commercial zoning districts.
  • (1) In the Commercial Local, General and Downtown Zoning Districts (CL, CG and CD), the following types of signs are allowed, as listed under sign type. The maximum total area of all signs on one structure shall not exceed one square foot per one linear foot of building frontage. A building, a freestanding and a monument sign are considered as separate structures. An applicant may select either a freestanding sign or a monument sign, but not both types. The maximum area of any individual sign shall be limited as follows:

    	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
    	Freestanding	72	20	--	--
    	Wall	1 per 1 foot of building frontage	--	--	--
    	Canopy	1 per 1 foot of building frontage	--	--	4
    	Monument	32	5	2	--
    	Projecting	24	12	--	4
    	Window	8 square feet, but no more than 25% of total glass area of window. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
    	Roof	Not permitted	--	--	--

    	NOTES:
    	1.	Only one freestanding sign is permitted per street frontage.
    	2.	The City of Pawtucket can only permit projections over City-owned rights-of-way.

  • (2) In the Commercial General Zoning Districts, an electronic messaging center/electronic message board is allowed by special use permit. Because the EMC technology facilitates a display that is permitted to change 60 times each hour, each square foot of the electronic messaging center shall count as two square feet toward the calculation of maximum total area of all signs. EMCs which are used to attract attention to an object, person, product, institution, organization, business, service, event or location that is not located on the premises upon which the sign is located are billboards and are not permitted.
  • (3) Where a structure has up to four separate businesses, wall sign area and freestanding sign area must be allocated equally to each business based upon building frontage occupied. For example, a commercial structure with 72 feet of building frontage and three commercial uses occupying 24 feet of building frontage each shall allocate 24 square feet per establishment for wall signs and three signs of 24 square feet per establishment on a freestanding or monument sign. Note also § 410-89 for shopping center signs for five or more establishments.
• E. Industrial zoning districts.
  • (1) In the Manufacturing Built-Up and Open Zoning Districts, the following types of signs are allowed. The maximum total area of all signs on any one structure shall not exceed one square foot per one foot of building frontage. The maximum area of any individual sign shall be limited as follows:

    	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
    	Freestanding	72	20	--	--
    	Wall	1 per 1 foot of building frontage	--	--	--
    	Canopy	1 per 1 foot of building frontage	--	--	--
    	Monument	32	5	--	--
    	Projecting	24	--	--	6
    	Window	8 square feet, but no more than 25% of total glass area of window. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
    	Roof	Not permitted	--	--	--

    	NOTES:
    	1.	Only one freestanding sign is permitted per street frontage. If the lot has more than one street frontage, only one freestanding sign is permitted.

  • (2) In Industrial Open Zoning Districts, an electronic messaging center/electronic message board is allowed by special use permit. Because the EMC technology facilitates a display that is permitted to change 60 times each hour, each square foot of the electronic messaging center shall count as two square feet toward the calculation of maximum total area of all signs, with wall-mounted EMCs not to exceed 72 square feet in maximum area. EMCs which are used to attract attention to an object, person, product, institution, organization, business, service, event or location that is not located on the premises upon which the sign is located are billboards and are not permitted.

    [Added 11-23-2016 by Ch. No. 3117]

• F. Public open and public cemetery. In the zoning districts Public Open and Public Cemetery, the following types of signs are allowed. The maximum total area of all signs on any structure shall not exceed one square foot per one foot of building frontage. The maximum area of any individual sign shall be limited as follows:

  	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
  	Freestanding	72	15	--	--
  	Wall	1 per 1 foot of building frontage	--	--	--
  	Projecting	Not permitted	--	--	--
  	Canopy	1 per 1 foot of building frontage	--	--	4
  	Monument	32	5	2	--
  	Window	8 square feet, but no more than 25% of total glass area of window. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
  	Roof	Not permitted	--	--	--

• G. Riverfront Public Open, Riverfront Industrial and Riverfront Mixed Use. In the zoning districts designated RD1, RD2 and RD3, the following types of signs are allowed. The maximum total area of all signs on any one structure shall not exceed one square foot per one foot of building frontage. The maximum area of any individual sign shall be limited as follows:

  	Sign Type	Area (square feet)	Height (feet)	Setback (feet)	Projection Over Public Right-of-Way
  	Freestanding	72	20	--	--
  	Wall	1 per 1 foot of building frontage	--	--	--
  	Canopy	1 per 1 foot of building frontage	--	--	4
  	Monument	32	5	2	--
  	Projecting	24	12	--	--
  	Window	6 square feet but cannot exceed 25% of total window area. Signs that are attached to the glassed area of doorways which obscure views from the public right-of-way are not permitted.	--	--	--
  	Roof	Not permitted	--	--	--

  	NOTES:
  	1.	The maximum total area of all signs on one structure shall not exceed one square foot per one linear foot of building frontage. A building, a freestanding and a monument sign are considered as separate structures. An applicant may select either a freestanding sign or a monument sign, but not both types.
  	2.	No sign may be painted on the building.

A retail shopping center with five or more establishments planned as an integrated development may erect signs based on the following criteria:

• A. Types of signs.
  • (1) Shopping center identification sign. One monument or freestanding sign per street fronting the center, not to exceed a total of two signs, identifying the name of the center shall be permitted. Maximum area per sign shall be 32 square feet and maximum height 22 feet, and the base of any freestanding sign shall be at least seven feet above ground.
  • (2) Individual establishment signs. No additional freestanding signs shall be displayed for any establishment located within the shopping center if a shopping center identification sign is used.
• B. The name of any major establishment within the center may serve as the name for the entire center. In addition to identifying the name of the center, additional signs may be part of the shopping center identification signs and may identify other establishments using the following standards:
  • (1) Up to three establishments: a maximum area for each establishment sign of 18 square feet.
  • (2) Four establishments and over: a maximum area for each establishment sign of five square feet.

[Amended 10-23-1997 by Ch. No. 2470]

• A. Any sign legally in existence prior to the effective date of this chapter which does not satisfy the requirements of the chapter is declared nonconforming.
• B. No nonconforming sign shall be enlarged, moved or replaced unless the sign is brought into compliance with the provisions of this chapter. In the event the structural supports fail, the structural supports must be replaced or repaired or, in the alternative, the sign must be removed. Nothing herein shall prohibit the repair or maintenance of any signs and/or the repair, maintenance or replacement of any structural supports thereof. All nonconforming signs in any district shall be maintained by the owner.

  [Amended 2-25-2010 by Ch. No. 2934]

• C. All nonconforming signs shall be presumed abandoned and shall be removed if the advertising copy thereon is, in whole or significant part, not legible for a period of at least 90 consecutive days. All on-premises nonconforming signs shall be presumed abandoned and shall be removed if the business advertised has been abandoned for at least 90 days.

  [Amended 2-25-2010 by Ch. No. 2934]

• A. Signs in Historic Districts. All signs, including window signs, except political signs, in an Historic District shall be subject to approval by the Historic District Commission.
• B. Signs in overlay zones. Signs in overlay zones shall conform to the corresponding requirements of the underlying zone.

The Zoning Board of Review, as provided in Article XIII, may grant the following special use permits, provided that all other requirements of this chapter are met:

• A. Area. Any particular sign may be increased in area by 25% over the requirements in this Article, provided that the total area of all permitted signs on the building does not exceed the maximum permitted sign area by more than 15%.

Editor's Note: Former § 410-92.1, Cigarette advertising, added 10-23-1997 by Ch. No. 2470, was repealed 6-8-2006 by Ch. No. 2810.

[Added 12-22-2005 by Ch. No. 2792]

• A. The City Council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses such as housing developments, industrial areas, recreational facilities and roads. This erosion makes necessary costly repairs to gullies, washed-out fills, roads, and embankments. The resulting sediment clogs the storm waters and road ditches and muddies streams, leaves deposits of silt in ponds and reservoirs. Sediment is considered a major water pollutant.
• B. The purpose of this article is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the City by requiring proper provisions for water disposal, construction waste disposal and the protection of soil surfaces during and after construction, in order to promote the safety, public health and general welfare of the City.

This article shall apply to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the City of Pawtucket that requires approval in accordance with § 410-15.2, including all projects sites with greater than or equal to one acre of disturbance or projects which are a part of a larger common plan of development or sale that propose more than one acre of disturbance. Compliance with the requirements as described herein shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.

The following activity does not require written approval pursuant to this article:

• A. Grading, filling, removal, or excavation activities and operations undertaken by the City under the direction and supervision of the Director of Public Works for work on streets, roads, or rights-of-way dedicated to public use; provided, however, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications are employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in this article and such standards and definitions as may be adopted to implement said performance principles.

• A. Plan. To obtain approval for a land-disturbing activity, an applicant shall first file with the Department of Planning and Redevelopment or its designee an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in § 410-92.6 of this article, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent.
• B. Plan review.
  • (1) Within 10 working days of the receipt of a completed plan, the Director of Planning and Redevelopment or his/her designee shall send a copy of the plan to the review authorities that may include the Public Works Department, the Planning Board, Zoning and Code Enforcement Department, or Division of Engineering for the purpose of review and comment. The Director of Planning and Redevelopment or his/her designee may also, within the above time frame, submit copies of the plan to other local departments or agencies, including the Conservation District, that services his/her county, in order to better achieve the purpose of this article. Failure of the aforementioned review authorities to respond within 15 working days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
  • (2) The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
• C. Plan approval.
  • (1) The Director of Planning and Redevelopment or his/her designee shall take action in writing either approving or disapproving the plan with reasons stated within 10 working days after the Director of Planning and Redevelopment or his/her designee has received the written opinion of the aforementioned review authorities.
  • (2) In approving a plan, the Director of Planning and Redevelopment or his/her designee may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this article. The conditions pertaining to erosion and sediment control measures and/or devices may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing thereof. The applicant/owner shall notify the Building Inspector or his/her designee in advance of his or her intent to begin the clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.

• A. Plan preparation. The erosion and sediment control plan shall be prepared by a registered professional engineer or landscape architect or a Soil and Water Conservation Society certified Erosion and Sediment Control Specialist. Five copies of the plan shall be submitted to the Director of Planning and Redevelopment or his/her designee.
• B. Plan contents. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this article. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current “Rhode Island Soil Erosion and Sediment Control Handbook,” prepared by the U.S. Department of Agriculture, Soil Conservation Service, R.I. Department of Environmental Management, and R.I. State Conservation Committee. At a minimum, the plan shall contain:
  • (1) A narrative describing the proposed land-disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps, shall be provided as required by the Director of Planning and Redevelopment or his/her designee.
  • (2) Construction drawings illustrating, in detail, existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stockpiles and borrow areas; sequence and staging of land-disturbing activities; and other such information needed for construction.
  • (3) Other information or construction plans and details as deemed necessary by the Director of Planning and Redevelopment or his/her designee for thorough review of the plan prior to action being taken as prescribed in this article. Withholding or delay of such information may be reasons for the Director of Planning and Redevelopment or his/her designee to judge the application as incomplete and grounds for disapproval.
• C. Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined below, have been met in the project design and are to be accomplished by the proposed development.
  • (1) The site selected shall show due regard for natural drainage characteristics and topography.
  • (2) To the extent possible, steep slopes shall be avoided.
  • (3) The grade of slopes created shall be minimized.
  • (4) Post-development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements that may be in effect. Any increases in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, infiltration chambers, subsurface drains, porous paving, or similar techniques.
  • (5) Original boundaries, alignment, and slopes of watercourses within the project locus shall be preserved to the greatest extent feasible.
  • (6) In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
  • (7) All drainage provisions shall be of such a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas, which may be outside the locus of the project.
  • (8) Drainage facilities and controls shall be installed as early as feasible during construction, prior to site clearance, if possible.
  • (9) Fill located adjacent to watercourses shall be suitably protected from erosion by means of rip-rap, gabions, retaining walls, vegetative stabilization, or similar measures.
  • (10) Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the non-growing months, November through March.
  • (11) Permanent vegetation shall be placed immediately following final grading.
  • (12) Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
  • (13) All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
  • (14) All construction wastes shall be handled, stored, and disposed of in accordance with applicable local, state, and federal laws.

• A. Every approval granted herein shall expire at the end of the time period set forth in the conditions. The applicant shall fully perform and complete all of the work required within the specified time period.
• B. If the applicant/owner is unable to complete the work within the designated time period, he or she shall, at least 30 calendar days prior to the expiration date, submit a written request to the Director of Planning and Redevelopment or his/her designee for an extension of time, setting forth the reasons underlying the requested time extension. If the extension is warranted, the Director of Planning and Redevelopment or his/her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the Director of Planning and Redevelopment or his/her designee.

Maintenance of all erosion-sediment control devices under this article shall be the responsibility of the owner. The erosion-sediment control devices shall be maintained in good condition and working order on a continuous basis. Watercourses originating and located completely on private property shall be at the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

Neither approval of an erosion and sediment control plan nor compliance with any conditions of this article shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the City for damages to persons or property.

• A. Periodic inspections. The provisions of this article shall be administered and enforced by the Director of Planning and Redevelopment or his/her designee. All work shall be subject to periodic inspections by the Director of Planning and Redevelopment or his/her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the Director of Planning and Redevelopment or his/her designee, who shall maintain a permanent file on all of his/her inspections. Upon completion of the work, the applicant or owner(s) shall notify the Director of Planning and Redevelopment or his/her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the City’s approval, submitted plans, specifications, conditions, and other applicable provisions of this article.
• B. Final inspection. Upon notification of the completion by the owner, the Director of Planning and Redevelopment or his/her designee shall make a final inspection of the site in question and shall prepare a final inspection report of his/her findings, which shall be retained in the Department of Planning and Redevelopment permanent inspections file.

If, at any stage, the work-in-progress and/or completed work under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the Director of Planning and Redevelopment or his/her designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth herein. Failure to comply with the required corrections within the specified time limit shall be considered a violation of this article.

• A. Revocation or suspension of approval. The approval of an erosion and sediment control plan under this article may be revoked or suspended by the Director of Planning and Redevelopment or his/her designee and all work on the project halted for an indefinite time period after written notification is transmitted to the applicant for one or more of the following reasons:
  • (1) Violation of any condition of the approved plan, or specifications pertaining thereto;
  • (2) Violation of any provision of this article or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
  • (3) The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this article.
• B. Other penalties. In addition thereto, whenever there is a failure to comply with the provisions of this article, the City shall have the right to notify the applicant/owner that he has five calendar days from the receipt of notice to temporarily correct the violations and 30 calendar days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-day period, the City of Pawtucket shall then have the right to summon the applicant/owner. The Municipal Court may issue an order authorizing the City to take the available appropriate remedies it deems necessary to correct the violations and may also order a fine of $100 per day that the violation goes unrepaired. The Municipal Court may also authorize the City to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the City of Pawtucket, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property by the City.

The City of Pawtucket shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this article.

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

APPLICANT — Any person, corporation, or public or private organization, proposing a development which would involve disturbance to the natural terrain as herein defined.

CONSTRUCTION WASTES — Solid and/or liquid wastes generated from the construction/site development process. This includes, but not limited to, discarded building materials, concrete truck washout, chemicals, litter, and sanitary wastes.

CUT — An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

DEVELOPMENT PROJECT — Any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the City.

EROSION — The removal of mineral and/or organic matter by the action of wind, water and/or gravity.

EXCAVATE — Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

FILL — Any act by which earth, sand or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between the point of existing undisturbed ground and a designated point of higher elevation of the final grade and material added to an excavation.

LAND DISTURBING ACTIVITY — Any physical land-altering activity that includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.

RUNOFF — The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.

SEDIMENT — Solid material, both mineral and/or organic, that is in suspension, is being transported or has been moved from its site of origin by wind, water, and/or gravity as a product of erosion.

SOIL EROSION AND SEDIMENT CONTROL PLAN — The (approved) document required before any person(s) may cause disturbance to the natural terrain within the City as herein regulated. Also, herein referred to as "erosion and sediment control plan" or "approved plan."

WATERCOURSE — Any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse as herein defined shall be used for delineation purposes.

[Added 12-22-2005 by Ch. No. 2793]

• A. Unmitigated stormwater from areas altered by development may pose public health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
• B. This article establishes the administrative mechanisms necessary for Pawtucket to ensure proper stormwater management. The article is written to work in conjunction with current state regulations.

[Amended 8-20-2009 by Ch. No. 2928]

This article shall apply to all development occurring within the City of Pawtucket that requires development plan review in accordance with § 410-15.1. No person shall engage in land development activities without receiving approval from the City Planning Commission or the Department of Planning and Redevelopment. Development that does not require development plan review in accordance with § 410-15.1, but does increase the amount of impervious surface on a parcel, but more than 300 square feet must demonstrate compliance with § 410-92.19 below.

All applicants are required to develop and submit a stormwater management plan. All stormwater management plans must address stormwater management on a site-by-site basis and all requirements of this article. All stormwater management practices shall be consistent with the Rhode Island Stormwater Design and Installation Standards Manual and the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.

• A. Performance standards. Stormwater management plans shall incorporate best management practices for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in post-development runoff by 80%. Development in drinking water supply watersheds or watersheds where impaired waters as defined by the state’s 303(d) list exist may be held to higher standards.
• B. Disallowed stormwater best management practices. The placement of detention basins and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tailwaters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.
• C. Facilitation of maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all stormwater management plans must incorporate best management practices with appropriate maintenance design in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
• D. Flood protection. Stormwater management plans shall demonstrate that a proposed project provides for protection of life and property from flooding and flood flows. Water quantities must be controlled in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended, or a municipally approved regional stormwater management plan for the watershed in which the development site is located. Stormwater management plans shall demonstrate incorporation of the following standards into the proposed project:
  • (1) Control and maintenance of post-development peak discharge rates from the two-year, ten-year, twenty-five-year, and one-hundred-year storm events and predevelopment levels.
  • (2) Downstream analysis of the one-hundred-year storm event and control of the peak discharge rate for the one-hundred-year storm to mitigate significant downstream impacts.
  • (3) Discharge from any stormwater facility must be conveyed through properly constructed conveyance system to provide for nonerosive flows during all storm events. The proposed stormwater conveyance system consisting of open channels, pipes, and other conveyance devices shall at a minimum accommodate the runoff from a twenty-five-year storm event. The stormwater conveyance system must provide for nonerosive flows to receiving waters.
• E. Surface water and groundwater. Stormwater management plans shall demonstrate that during develop and post-development, all receiving waters will be recharged in a manner closely resembling predevelopment conditions and that the developed site will retain hydrological conditions that closely resemble those prior to disturbance.

• A. Routine maintenance and repair procedures.
  • (1) Preventative maintenance procedures are required to maintain the intended operation and safe condition of the stormwater management facility by greatly reducing the occurrence of problems and malfunctions. To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting, elimination of mosquito breeding habitats, and pond maintenance. Disposal of sediment and debris must occur on a regular basis (unless otherwise specified within an approved plan), at suitable disposal sites or recycling sites and comply with applicable local, state and federal regulations.
  • (2) Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based upon the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and include such procedures as structural repairs, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.
• B. General maintenance standards.
  • (1) Maintenance design and maintenance procedures for all stormwater best management practices shall be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended. Stormwater management plans shall demonstrate appropriate maintenance design and procedures for each proposed best management practice.
  • (2) A maintenance schedule for each type of BMP must be included in the stormwater management plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party’s name, address, and telephone number. If the stormwater drainage system is to be deeded to the local municipality, the applicant must obtain a letter from the municipality acknowledging maintenance responsibility and intent of ownership.

• A. Calculations. In addition to the information required for stormwater management plans, the following information must also be included with the application, where applicable:
  • (1) The area of each subbasin as identified on final site plans.
  • (2) The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each subbasin as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
  • (3) Weighted curve numbers (CN), as determined by the SCS TR-55 method, for each subbasin as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
  • (4) Invert elevations for all applicable BMPs. In addition, the elevations for permanent and/or flood pool stages, including peak discharge rates for each stage, within all basins are required.
  • (5) The total volume capacity for all flood control and water quality BMPs (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent and flood pool stage volumes where applicable. Furthermore, the volumes of all sediment storage (basins, forebays, etc.) areas must also be shown.
  • (6) Predevelopment and post-development peak discharge rates and runoff volumes for the two-year, ten-year, twenty-five-year, and one-hundred-year frequency storm events for each subwatershed. The water quality volume must also be calculated for each subwatershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets, must be included.
• B. Narrative description. As part of the stormwater management plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary; therefore, it is advised to consult the appropriate permitting agency for specific requirements.
  • (1) Site description: general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving water(s), potential water quality and/or hydrologic impacts on resources.
  • (2) Site input data: watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
  • (3) Land use planning and source control plan.
  • (4) Best management practices: identify the type of BMP(s) employed both during and post-construction and justification for selection, including any deviation from the Rhode Island Stormwater Design and Installation Standards Manual, as amended, and the potential effect on pollutant removal efficiency.
  • (5) Technical feasibility of BMPs, including sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
  • (6) Maintenance schedule of BMPs to be used, both during and post-construction, including frequency of inspection and maintenance.

Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of stormwater facilities to assure their functionality and safety in accordance with this article. Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the City of Pawtucket.

• A. Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the City of Pawtucket, or designee, to conduct on-site inspection of the functionality and safety of stormwater management facilities. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of City of Pawtucket. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
• B. Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the stormwater management facility owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the City of Pawtucket, or designee, to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the City of Pawtucket or designee.
• C. Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of stormwater management facilities shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
• D. Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the Department of Zoning and Code Enforcement. If portions of the land serviced by a stormwater management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the Department of Zoning and Code Enforcement. All alterations to maintenance agreements shall be recorded in accordance with this article.
• E. Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the City of Pawtucket. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.

The City of Pawtucket shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this article.

The City of Pawtucket shall have the authority and discretion to penalties and/or impose a lien, whenever a stormwater management facility is not implemented, operated, and/or maintained in accordance with its approval and this article. Any penalty invoked shall be in accordance with this article.

• A. Notification of violation. In the event that the stormwater management facility becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the City of Pawtucket shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have five calendar days to temporarily correct the violations and 30 calendar days to complete maintenance and permanently repair the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately summon the applicant/owner to appear before the Municipal Court.
• B. Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the City of Pawtucket shall then have the right to summon the applicant/owner to appear before the Municipal Court. The Municipal Court may issue an order authorizing the City to take the available appropriate remedies it deems necessary to correct the violations and may also order a fine of $100 per day that the violation goes unrepaired. The Municipal Court may also authorize the City to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the City of Pawtucket, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property.
• C. Administrative hearing. Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the City of Pawtucket Board of Appeals to state his/her case. Application for said appeal shall be received by the Board of Appeals prior to the date of compliance stipulated by the written notice of violation. In exercising its powers in ruling, 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 order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken.

[Amended 12-20-2023 by Ch. No. 3287]

It shall be the duty of the Director to interpret and enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the Charter and ordinances of the City. The Director shall refer all applications for variances, special use permits and other appeals to the appropriate permitting authority. The Director shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this chapter. In order to provide guidance or clarification, the Director shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. Any determination of the Director, except modifications in accordance with § 410-97.1, may be appealed to the Zoning Board of Review in accordance with Article XII of this chapter.

Except for a public utility pole located in public streets, no structure shall be erected, moved, added to or structurally altered without a zoning permit therefor, issued by the Director. No zoning permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Zoning Board of Review.

• A. All applications for zoning permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of structures already existing, if any; and the location and dimensions of the proposed structure or alteration. The Director of Zoning and Code Enforcement may waive the requirement for filing plans if the work involved is of a minor nature.

  [Amended 3-22-2001 by Ch. No. 2592]

• B. The application shall include such other information as lawfully may be required by the Director, including:
  • (1) Existing or proposed buildings or alterations.
  • (2) Existing or proposed uses of the structure and land.
  • (3) The number of dwelling units, rooming units or rental units the structure is designed to accommodate.
  • (4) Existing and proposed parking and loading spaces.
  • (5) Conditions existing on the lot.
  • (6) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.
• C. Within a reasonable time of the filing in final form of an application for a zoning permit, the Director shall approve or disapprove the application, marking such approval or disapproval and attesting to the same by his or her signature on copies of the plans. Thereupon, one copy of the plans shall be returned to the applicant and two copies shall be retained by the Director.
• D. The Director shall maintain a record of all zoning permits issued, and copies shall be furnished to any person upon request and upon receipt of a reasonable fee.

• A. It shall be unlawful to use or occupy or permit the use or occupancy of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Director, stating that the proposed use of the structure or land conforms to the requirements of this chapter.
• B. No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued therefor by the Director. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
• C. A temporary certificate of zoning compliance may be issued by the Director for periods not exceeding six months during alterations or partial occupancy of a structure pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
• D. The Director shall maintain a record of all certificates of zoning compliance issued, and copies shall be furnished to any person upon request and upon receipt of a reasonable fee.
• E. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under § 410-101.

• A. If the work described in any zoning permit has not begun within 90 days from the date of issuance thereof, such permit shall expire. It shall be canceled by the Director, and written notice thereof shall be given to the person affected.
• B. If the work described in any zoning permit has not been substantially completed within two years of the date of issuance thereof, such permit shall expire and be canceled by the Director, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained.

[Added 3-22-2001 by Ch. No. 2592; amended 12-20-2023 by Ch. No. 3287]

• A. The Director may issue dimensional modifications not to exceed 25% of the specified requirement.
• B. Within 10 days of receipt of a request for a modification, the Director shall make a decision as to the suitability of the requested modification based on the following determinations:
  • (1) The modification requested 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; and
  • (4) The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
• C. Upon an affirmative determination, in the case of a modification of 5% or less, the Zoning Enforcement Officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than 5%, the Director 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 that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the Director shall grant the modification. The Director may apply such conditions to the permit as may, in the opinion of the Director, be required to conform to the intent and purposes of the Zoning Ordinance. The Director shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. The costs of any notice required under this section shall be borne by the applicant requesting the modification.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.

All departments, officials and public employees of the City which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Director authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter and punishable as provided by § 410-101.

• A. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter shall be fined up to $500 for each offense, such fine to inure to the City. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful.
• B. The Director shall be empowered to levy such fines, with appeal thereupon to the District Court.
• C. The City Solicitor shall also be empowered to institute injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation or compel compliance with the provisions of this chapter. The City Solicitor may consolidate an action for injunctive relief and/or fines under this chapter in the Superior Court for Providence County.
• D. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

• A. A Zoning Board of Review, herein called the "Board," is hereby created. Board members may be remunerated in the performance of official duties at an amount to be established by the City Council.
• B. The Board, with the approval of the City Council, may engage technical assistance to aid in the discharge of its duties. The Director shall serve as staff to the Board. The City Solicitor or Assistant City Solicitor shall serve as legal counsel to the Board.
• C. The Board shall establish written rules of procedure within six months of the adoption of this chapter.
• D. Appeals and correspondence to the Board shall be sent to the Board in care of the Director. The Director shall file all records and decisions of the Board.

• A. The Zoning Board of Review shall consist of five members who are residents of the City, appointed by the Mayor subject to approval of the City Council, 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.
• B. The Board shall also include two alternates to be designated as the "first" and "second" alternate members for terms of five years. 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.
• C. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter.
• D. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.
• E. Vacancies in unexpired terms of Board members shall be filled by the Mayor no more than 90 days following the vacancy.
• F. Members may be removed upon recommendation of the Mayor by the City Council for due cause.

Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this Article respecting terms of originally appointed members until the expiration of their current terms.

The Board shall, at its first meeting of each calendar year, elect a Chairperson, Vice Chairperson and Secretary from its membership. The Chairperson, or in his/her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

The Board shall have the following powers and duties:

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

  [Amended 12-20-2023 by Ch. No. 3287]

• B. To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission (HDC), pursuant to Article V.
• C. To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter.
• D. To authorize upon application, where specified in this chapter, where the Board is designated as a permitting authority, special use permits.

  [Amended 12-20-2023 by Ch. No. 3287]

• E. To refer matters to the City Planning Commission, Planning Department or to other boards or agencies of the City as the Board may deem appropriate for findings and recommendations.
• 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, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
• G. To hear and decide such other matters according to the terms of this chapter or other statutes and upon which the Board may be authorized to pass under this chapter or other statutes.
• H. All members, including alternate members, of the Zoning Board of Review shall be required to participate in continuing education courses promulgated pursuant to R.I.G.L. Title 45, Chapter 70, as amended, entitled "Continuing education for local planning and zoning boards and historic district commissions."

  [Added 12-20-2023 by Ch. No. 3287]

[Amended 12-20-2023 by Ch. No. 3287]

The Board shall be required to vote as follows:

• A. Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue.
• B. The concurring vote of a majority of the members of the Board sitting at a hearing is necessary to reverse any order, requirement, decision or determination of the HDC or any zoning administrative officer from whom an appeal was taken.
• C. The concurring vote of a majority of the 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.

Application procedures for the filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be specified in this chapter shall be prepared by the Director and published.

[Added 10-23-1997 by Ch. No. 2470]

No application for a variance or special use permit shall be accepted by the Secretary of the Board if an application praying for the variance or special use permit has been denied or the petitioner granted leave to withdraw within the preceding 12 months, provided that such a petition or application may be accepted at any time after 12 months with the consent of the majority of the members of the Board, if it shall include an affidavit which, in the opinion of said Board, sets forth facts indicating a substantial material change of circumstances justifying a new hearing on said application for variance or special use permit. A mere change of ownership shall not constitute a substantial change of circumstances.

Reasonable fees may be required, in an amount to be established by the City Council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.

• A. Following a public hearing, the Board shall render a decision within 30 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 City Clerk within 30 working days from the date when the decision was rendered and shall be a public record.
• B. 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 Director 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.
• C. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant and to the City Planning Commission. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the City.

  [Amended 12-20-2023 by Ch. No. 3287]

[Amended 12-20-2023 by Ch. No. 3287]

An application for relief from the literal requirements of this chapter because of hardship or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by filing with the Director an application describing the request and supported by such data and evidence as may be required by the permitting authority or by the terms of this chapter. Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this chapter shall be submitted as part of the first stage of development plan review, subdivision or land development application to the Administrative Officer, pursuant to RIGL § 45-24-46.4(a) and § 410-114.1. All development plan review, land development project, or and/or subdivision applications submitted under the unified development review provisions of this chapter shall have a public hearing, which shall meet the requirements of §§ 410-112 and/or 410-112.1, as appropriate. An application from a corporation must be signed by its attorney or a duly authorized officer of the corporation. The Director shall immediately transmit such application received to the permitting authority and shall transmit a copy of each application to the City Planning Commission if not already transmitted to it.

[Amended 12-20-2023 by Ch. No. 3287]

The Zoning Board of Review shall, immediately upon receipt of an application, request that the City Planning Commission 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 City, in writing to the Board within 30 days. The Board shall hold a public hearing on any application for variance or special use permit in an expeditious manner, 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. The same notice shall be posted in the City Clerk's office and one other municipal building in Pawtucket and the City must make the notice accessible on the home page of the City of Pawtucket website at least 14 days prior to the hearing. For any notice sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant, which notice shall include the precise location of the subject property, including the street address and a description of the relief sought, as follows:

• A. In a newspaper of local circulation in the City.
• B. By first class mail to:
  • (1) All owners of the subject property in question.
  • (2) All property owners of record of land using the last known address as shown on the current real estate tax assessment records of the City within 200 feet of the property, which is the subject of the application, whether within the City or within an adjacent city or town.
  • (3) The city or town council of any city or town to which one or more of the following pertain:
    • (a) Which is located in or within not less than 200 feet of the boundary of the subject property; or
    • (b) 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 the subject property, regardless of municipal boundaries; and
  • (4) 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 the subject property; provided that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the Director a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

[Added 12-20-2023 by Ch. No. 3287]

The Zoning Board of Review shall, immediately upon receipt of an application, request that the City Planning Commission 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 City, in writing to the Board within 30 days. The Board shall hold a public hearing on any application for variance or special use permit in an expeditious manner, 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. The cost of notification shall be borne by the applicant, which notice shall include the precise location of the subject property, including the street address and a description of the relief sought, as follows:

• A. In a newspaper of general circulation in the City.
• B. By first class mail to:
  • (1) All owners of the subject property in question.
  • (2) All property owners of record of land using the last known address as shown on the current real estate tax assessment records of the City within 200 feet of the property, which is the subject of the application, whether within the City or within an adjacent city or town. The sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of such mailing.
  • (3) The city or town council of any city or town to which one or more of the following pertain:
    • (a) Which is located in or within not less than 200 feet of the boundary of the subject property; or
    • (b) Where there is a public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of the subject property, regardless of municipal boundaries; and
  • (4) 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 the subject property; provided that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the Director a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

[Amended 12-20-2023 by Ch. No. 3287]

• A. Variance.
  • (1) In granting a variance, the Board, or the City Planning Commission or Joint Planning Commission 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 § 410-1O.
    • (b) That said 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 characteristic of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan of the City.
  • (2) The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
    • (a) 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 land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
    • (b) 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.
    • (c) The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall have the power to grant dimensional variances where the use is permitted by special use permit.
• B. Special use permit.
  • (1) In granting a special use permit, the Board, or the City Planning Commission or Joint Planning Commission 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 special use is specifically authorized by this chapter and setting forth the exact subsection of this chapter containing the jurisdictional authorization.
    • (b) That the special use meets all of the criteria set forth in the subsection of this chapter authorizing such special use and any other applicable provisions of this chapter.
    • (c) That the special use is compatible with neighboring land uses.
    • (d) That the special use will not create a nuisance or hinder the future development of the City.
  • (2) An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use. If the special use could not exist without the dimensional variance, the permitting authority shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the above special use criteria and the dimensional variance evidentiary standards.

[Amended 12-20-2023 by Ch. No. 3287

In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the Board or other zoning enforcement agency may apply such special conditions that may, in the opinion of the Board or agency, be required to promote the intent and purposes of the Comprehensive Plan of the City and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but are not 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.
• F. Establishing detailed records by submission of drawings, maps, plats or specifications.

[Added 12-20-2023 by Ch. No. 3287]

• 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, 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 §§ 410-112 and/or 410-112.1, as appropriate.
• C. In granting requests for dimensional and use variances, the City Planning Commission or Joint Planning Commission as appropriate, shall be bound to the requirements of § 410-113A relative to entering evidence into the record in satisfaction of the applicable standards.
• D. In reviewing requests for special use permits the City Planning Commission or Joint Planning Commission as appropriate 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 §§ 410-59 and 410-113B, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 410-110.
• E. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to the Land Development and Subdivision Regulations.

• A. An appeal to the Board from a decision of any other zoning enforcement agency or officer, the Administrative Officer or of the HDC pursuant to §§ 410-61 through 410-66 may be taken by an aggrieved party except as otherwise provided in this chapter. Such appeal shall be taken within 30 days of the date of the recording of the decision of the Director or agency, or within 30 days of the time when the aggrieved party knew or should have known of the action or decision of such Director or agency.

  [Amended 12-20-2023 by Ch. No. 3287]

• B. The appeal shall be commenced by filing an application with the Board, with a copy to the Director or agency from whom the appeal is taken, specifying the ground thereof. The Director or agency from whom the appeal is taken shall forthwith transmit to the Board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the City Planning Commission.

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

The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof in the same manner as set forth in § 410-112 of this chapter, as well as due notice to the parties of interest, and decide the same within 30 days of the hearing. The hearing of any appeals shall be at a separate meeting from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission or board from whom the appeal is taken shall appear before the Zoning Board of Review at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.

In exercising its powers in ruling, 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 order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions of §§ 410-107 and 410-110 of this chapter.

• A. Any variance or special use permit shall expire one year after the date of the filing of the resolution with the City Clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no legal building permit is required. The Board may, upon written request and for cause shown prior to the expiration of the initial one-year period, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised.
• B. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the Board may, upon written request prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution, and notice shall be given in accordance with § 410-112, and a hearing shall be held on the request.
• C. None of the year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

[Amended 12-20-2023 by Ch. No. 3287]

An aggrieved party may appeal a decision of the permitting authority to the Superior Court for Providence County by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been filed and posted with the City Clerk. The decision shall be posted in a location visible to the public in the City 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, such original applicant or appellant and the members of the Board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the Court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

• A. Other than for proposals originated by the City Council, the Director shall be the officer to receive a proposal for adoption, amendment or repeal of a zoning ordinance or Zoning Map(s). Immediately upon receipt of such proposal, the Director shall refer such proposal to the City Council and the City Planning Commission for study and recommendation, unless the proposal originates from the City Planning Commission, in which case the proposal need not be referred to it. If the proposal originates with the City Council, the City Council shall refer such proposal to the Director and the City Planning Commission.

  [Amended 12-20-2023 by Ch. No. 3287]

• B. The City Planning Commission shall, in turn, notify and seek the advice of the Department of Planning and Redevelopment and report to the City Council within 45 days after receipt of the proposal, giving its findings and recommendations. The requirements for study may be waived if the proposal was proposed by the City Planning Commission and completed prior to submission to the Director.

  [Amended 12-20-2023 by Ch. No. 3287]

• C. The City Council shall hold a public hearing within 65 days of receipt of proposal, giving proper notice as prescribed in § 410-123 of this chapter. The City Council shall render a decision on any such proposal within 45 days after the date of completion of the public hearing.
• D. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

Among its findings and recommendations to the amendment or repeal of this chapter or Zoning Map, the City Planning Commission shall include:

• A. A statement on the general consistency of the proposal with the Comprehensive Plan of the City, including the goals and policies statement, the implementation program and all other applicable elements of the Comprehensive Plan.
• B. A demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in § 410-1 of this chapter.

[Amended 12-20-2023 by Ch. No. 3287]

• A. No zoning ordinance shall be adopted, repealed or amended until after a public hearing has been held upon the question before the City Council. The City Council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the City at least once each week for three consecutive weeks prior to the date of such hearing which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed ordinance. Written notice shall be mailed where applicable, to the parties specified in Subsections B, C, D and E of this section, at least two weeks prior to the hearing. The same notice shall be posted in the City Clerk's office and one other municipal building in Pawtucket and the notice shall be accessible on the home page of the City of Pawtucket website at least 14 days prior to the hearing. The notice shall:
  • (1) Specify the place of said hearing and the date and time of its commencement.
  • (2) Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration.
  • (3) Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration.
  • (4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied.
  • (5) State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.
• B. Where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map, public notice shall be given as required by Subsection A of this section.
• C. Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city or town. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A. The notice shall include reference to the § 410-71 and the impacts of common ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
• D. Where a proposed amendment 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 Subsection A of this section, with the additional requirements that:
  • (1) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries and existing streets and roads and their names and City 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 within 200 feet of the perimeter of the area proposed for change, whether within the City or within an adjacent City or town 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. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the city or town in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
• E. Notice of a public hearing shall be sent by first class mail to the City or town council of any City or town to which one or more of the following pertain:
  • (1) Which is located within 200 feet of the boundary of the area proposed for change.
  • (2) 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 change, regardless of municipal boundaries.
• F. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change; provided, however, that the governing body of any state or municipal water company has filed with the Director in the City a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
• G. There is hereby established a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The Director shall maintain the public notice registry and shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the City.
  • (1) Notice pursuant to a public notice registry as per this subsection does not alone qualify a person or entity on the public notice registry as an "aggrieved party" under § 410-132.
• H. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.
• I. Costs of newspaper and mailing notices required under this section shall be borne by the applicant.
• J. Limitations, conditions and restrictions.
  • (1) In granting a zoning ordinance amendment, the City Council may limit the change to one or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including, without limitation:
    • (a) Requiring the petitioner to obtain a permit or approval from any and all federal, state or local governmental agencies having jurisdiction over the land and use which are subject to the zoning change;
    • (b) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
    • (c) Those relating to the use of the land as it deems necessary.
  • (2) The Director and the City Clerk shall cause the limitations and conditions so imposed to be clearly noted on the Zoning Map and recorded in the land evidence records; provided, however, that in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the Zoning Map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the City Council may, after a public hearing as herein before set forth, change the land to its original zoning use before such petition was filed. If any limitation, condition or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

The City Clerk shall be the custodian of this chapter and Zoning Map or maps created hereunder. The Director of Planning shall be responsible for maintenance and update of the text and Zoning Map comprising this chapter. Changes which impact the Zoning Map shall be depicted on the map within 30 days of such authorized change(s). The Director of Planning shall be responsible for review of this chapter annually, and whenever changes are made to the Comprehensive Plan of the City, to identify any changes necessary and forward these changes to the City Council.

• A. Printed copies of this chapter and map(s) shall be available to the general public through the City Clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.
• B. Upon publication of this chapter and map(s), and any amendments thereto, the City Clerk shall send a copy, without charge, to the State Law Library.

  [Amended 12-20-2023 by Ch. No. 3287]

An appeal of the enactment of or an amendment to this chapter may be taken to the Superior Court for Providence County by filing a complaint within 30 days after such enactment or amendment has become effective. 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. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the City or by any association of residents or landowners of the City. This 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.

Any application for development under this chapter, including an application for a building permit, special use permit, variance, planned development or cluster development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this chapter or by rules adopted and published by the permitting authority prior to the time the application is filed.

Any application for development under this chapter that is substantially complete prior to the enactment or amendment of this chapter shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted. If such application is approved, the applicant must begin construction or exercise the right granted in the application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval.

Nothing in this chapter shall require changes in the plans, construction or designated use of a structure or portion thereof for which a permit has been heretofore issued and the construction of which was started within 90 days after this chapter becomes effective and which entire structure shall be completed, as authorized, within two years thereafter.

This chapter is in effect when passed by the City Council and signed by the Mayor, as of December 19, 1994.

If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter or the rule, regulation or determination and the application of such provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

[Amended 9-26-1996 by Ch. No. 2425; 6-23-1999 by Ch. No. 2531; 3-22-2001 by Ch. No. 2592; 9-21-2006 by Ch. No. 2825; 9-21-2006 by Ch. No. 2836; 8-20-2009 by Ch. No. 2928; 5-10-2018 by Ch. No. 3154; 6-21-2018 by Ch. No. 3165; 9-20-2018 by Ch. No. 3168; 12-18-2018 by Ch. No. 3176; 12-20-2023 by Ch. No. 3287]

As used in this chapter, the following terms shall have the meanings indicated except the terms utilized in § 410-20 for Article IV and § 410-32 for Article V:

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

ACCESSORY FAMILY DWELLING UNIT (ADU) — A residential living unit on the same parcel where the primary use is a legally established single-unit or multiunit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms, including, but not limited to,: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

ACCESSORY 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.

ADMINISTRATIVE OFFICER — The municipal official designated by the local regulations to administer the Land Development and Subdivision Regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein. The Director of Planning and Redevelopment or their designee, as established in § 50-23.

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 the Director; or
• B. Anyone requiring notice pursuant to this chapter.

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

ANIMAL — A living organism other than a plant or bacterium and excluding human beings. Included are fish, amphibians, reptiles, birds and mammals.

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.

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.

AUCTION HOUSE — A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment, excluding livestock, live animals or motor vehicles, to the highest bidder.

BED-AND-BREAKFAST — A single-family dwelling offering transient lodging accommodations to the general public within a portion of said dwelling, and which may include limited food preparation and the serving of such food within a common area. Such use shall accommodate no more than four transient guests at any one time, and the owner must reside on the premises.

BLACK BOX THEATER (or EXPERIMENTAL THEATER) — A simple, typically unadorned performance space, usually a large square room with black walls and a flat floor, usually home to plays or other performances with very basic technical arrangements.

BOARD — The Zoning Board of Review of the City of Pawtucket.

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 — 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), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) suggested design elevation three-foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

• A. The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or
• B. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every 10 years, or as otherwise necessary.

CAFE — A restaurant serving coffee and other beverages along with baked goods or light meals.

CERTIFICATE OF APPROPRIATENESS — A certificate issued by an Historic District Commission established under this chapter indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within an Historic District. Appropriate for the purposes of passing upon an application for a "certificate of appropriateness" means not incongruous with those aspects of the structure, appurtenances or the district which the Commission has determined to be historically or architecturally significant.

CERTIFICATE OF OCCUPANCY —

• A. A "certificate of occupancy" is a mandatory certificate issued by the Director following the requirements of the Rhode Island Building Code for the following actions:
  • (1) Occupancy and use of a building hereafter erected and enlarged;
  • (2) Change in use of an existing building to a difference in use;
  • (3) Intensification of an existing use of either a building or land;
  • (4) Occupancy and use of vacant land except for raising of crops;
  • (5) Change in the use of land to different use except for the raising of crops; or
  • (6) Any change in use of a nonconforming use.
• B. The occupancy use or change of use shall not take place until a "certificate of occupancy" has been issued by the Director.

CITY — The City of Pawtucket, Rhode Island.

CITY PLANNING COMMISSION — The official planning agency of the City of Pawtucket.

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 the ordinance 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 ordinance provisions include incentive bonuses for certain types or conditions of development.

COASTAL FEATURES — Any coastal beach, barrier island or spit, coastal wetland, coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by the coastal resources management program, and as may be amended.

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-use-disorder treatment facilities. This shall include, but not be limited to, the following:

• A. Whenever six or fewer children or adults with intellectual or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L. Chapter 24 of Title 40.1. All requirements pertaining to this chapter are waived for these "community residences."
• B. A group home providing care or supervision, or both, to not more than eight persons with disabilities and licensed by the state pursuant to R.I.G.L. Chapter 24 of Title 40.1.
• 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 R.I.G.L. Chapter 72.1 of Title 42.
• 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.

COMPASSION CENTER — As defined in R.I.G.L. § 21-28.6-3, a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to registered patient cardholders and/or their designated registered primary caregivers.

COMPREHENSIVE PLAN — The Comprehensive Plan of the City of Pawtucket adopted and approved pursuant to R.I.G.L. Chapter 22.2 and to which this chapter shall be in compliance.

CONSISTENCY WITH THE COMPREHENSIVE PLAN — A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the Comprehensive Plan as specified in R.I.G.L. § 45-22.2-3.

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.

COWORKER SPACE — A shared working environment, often an office, but that houses independent activities, and those coworking are usually not employed by the same organization.

CULTURAL ACTIVITY — Any nonprofit or for-profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor.

D.U. — Abbreviation for dwelling unit.

DATA PROCESSING FACILITY — Facilities where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation.

DAY CARE - DAY-CARE CENTER — Any other day-care center which is not a family day-care home.

DAY CARE - FAMILY DAY-CARE HOME — Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

DAYS — Calendar days.

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

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 — Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for developments including, but not limited to:

• A. A change in use at the property where no extensive construction of improvements is sought.
• B. An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.
• C. An adaptive reuse project located in a residential zone which results in less than nine residential units.
• D. Development in a designated urban or growth center.
• E. Institutional development design review for educational or hospital facilities.
• F. Development in a historic district.

DEVELOPMENT REGULATION — Zoning, subdivision, land development plan, development plan review, historic district, official map, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.

DIRECTOR — Director of the Division of Zoning and Code Enforcement of the City of Pawtucket.

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.

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.

ELECTRIC VEHICLE CHARGING STATION — A public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

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

FARMER'S MARKET — Seasonal outdoor retail sales of farm produce from vehicles or temporary stands, located within a parking lot or public right-of-way.

FEDERALLY INSURED OR ASSISTED HOUSING — "Federally insured or assisted housing" means:

• A. Low-income housing units insured or assisted under Sections 221(d)(3) and 236 of the National Housing Act (12 U.S.C. § 1701 et seq.).
• B. Low-income housing units produced with assistance under Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1401 et seq.).
• C. Rural low-income housing financed under Section 515 of the Housing Act of 1949 (12 U.S.C. § 1715Z).

FENCE — A barrier constructed of posts and wire or boards erected for the purposes of protection, confinement, enclosure or privacy. Also included are solid hedges exceeding 30 inches in height adjacent to or on the front yard property line where a clear vision field is necessary for personal safety.

FENCE, NATURAL — A barrier of ornamental shrubbery that exceeds 30 inches in height.

FENCE, OPEN — A fence in which 75% or more of the side area is open. An example is a chain link fence.

FENCE, SOLID — A fence in which more than 50% of the side area is closed or opaque. An example is a wooden stockade fence.

FENCE, WALL — A barrier constructed of masonry materials erected at or near property lines for the purpose of enclosure.

FLEA MARKET — Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces, and where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise.

FLOATING ZONE — An unmapped zoning district adopted within the ordinance 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 is subject to a flood from a storm having a 1% chance of being equaled or exceeded in any given year, as delineated on a community's flood hazard map as approved by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq.

FLOOR AREA, GROSS — See Rhode Island State Building Code.

GALLERY — A building or space for the exhibition of art, usually visual art. Paintings are the most commonly displayed art objects. However, sculpture, decorative arts, furniture, textiles, costumes, drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation.

GOVERNING BODY — The body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

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

HALFWAY HOUSES — 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.

HISTORIC DISTRICT or HISTORIC SITE — As defined in R.I.G.L. § 45-22.2-4. "Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered or is deemed eligible to be included on the state register of historical places pursuant to R.I.G.L. § 42-45-5. "Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been registered or is deemed eligible to be included on the state register of historic places pursuant to R.I.G.L. § 42-45-5.

HOME OCCUPATION — Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

HOTEL AND MOTEL — Dwelling unit(s) or a rooming house offering transient lodging accommodations to the general public that does not meet the definition of a "bed-and-breakfast."

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 not more than five unrelated persons occupying a single household or dwelling unit.

INCENTIVE ZONING — The process whereby the Zoning Board of Review may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in this chapter.

INCUBATOR — A business company that helps new and startup companies to develop by providing services such as management training or office space, including coworking space. Business incubators differ from research and technology parks in their commitment to startup and early-stage companies.

INDEPENDENT LIVING FACILITY — A residential facility where adults reside in a family setting and receive limited supervised care.

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

JOINT PLANNING COMMISSION (JPC) — The City Planning Commission meeting concurrently with the Central Falls Planning Board. See §§ 11-59 and 410-43.9.

KIOSK, FREESTANDING EXTERIOR — A freestanding exterior structure of less than 500 square feet for drive-up or walk-up window services or retail sales.

LAND — Real property including improvements and fixtures on, above, or below the surface.

LAND DEVELOPMENT AND SUBDIVISION REGULATIONS — Regulations adopted under the provisions of the Subdivision Enabling Act of 1992, R.I.G.L. 45-24 and Chapter 11 Article VII.

LAND DEVELOPMENT PROJECT — A project in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures, including but not limited to planned development and/or cluster development for residential, commercial, institutional, recreational, open space and/or mixed uses as may be provided for in this chapter. The local regulations shall include all requirements, procedures and standards necessary for proper review and approval of land development projects to ensure consistency with this chapter and the Rhode Island Zoning Enabling Act.

• A. Minor land development project. A land development project involving any one the following:
  • (1) Ten thousand gross square feet of floor area of new commercial, manufacturing or industrial development; or less, or
  • (2) An expansion of up to 50% of existing floor area or up to 10,000 square feet for commercial, manufacturing or industrial structures; or
  • (3) Mixed-use development consisting of up to six dwelling units and 2,500 gross square feet of commercial space or less;
  • (4) Multifamily residential or residential condominium development of nine units or less; or
  • (5) Change in use at the property where no extensive construction of improvements are sought;
  • (6) An adaptive reuse project of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought;
  • (7) An adaptive reuse project located in a residential zone which results in less than nine residential units.
• B. Major land development project. A land development project which exceeds the thresholds for a minor land development project as set forth in this section. The process by which major land development projects are reviewed by City Planning Commission or Joint Planning Commission as appropriate is set forth in R.I.G.L. § 45-23-39 and the Land Development and Subdivision Regulations.

LICENSED CULTIVATOR — A person, as identified in R.I.G.L. § 43-3-6, who has been licensed by the Department of Business Regulation (Class A-D) to acquire, possess, cultivate, deliver, or transfer marijuana to licensed compassion centers pursuant to R.I.G.L. § 21-28.6-16. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.

LITTLE FREE LIBRARY — An accessory freestanding structure located on private property that is installed for the sole purpose of enclosing books that are loaned to Pawtucket residents for free.

LIVE/WORK SPACE — A building or spaces within a building used for commercial activities and areas for residential/living purposes where 2/3 or 67% of the unit is dedicated for residential purposes. Examples of acceptable live/work space are live-work units of insurance and financial offices, artists, boutiques, small antique shops, dance studios, personal trainers, and consultants of various type. Said business shall be of no or low impact to neighbors, and the unit shall be required to be occupied by the business owner.

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. Aboveground pools shall not be included in the calculation of maximum lot building coverage.

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.

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. FRONTOn an interior lot, a through lot or a flag lot, any lot line abutting a street shall be considered a front lot line. Corner lots shall be considered to have two front lot lines abutting the streets. The determination of which is the front lot line and side lot line shall be made by the permitting authority.
• B. REARThe lot line(s) 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.
• C. SIDEAny lot line other than a front or rear lot line.

LOT OF RECORD — A parcel of land record in the office of the Recorder of Deeds of the City of Pawtucket.

LOT SIZE, MINIMUM — Shall have the same meaning as "minimum lot area" defined herein.

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.

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.

MANUFACTURED HOME PARK — Two or more manufactured homes located on the same lot.

MARIJUANA TESTING FACILITY — A third-party testing provider who performs independent testing of medical marijuana and/or marijuana products of a licensed cultivator in accordance with Department of Health Testing Regulations.

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

MODIFICATION — Permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of the Zoning Enabling Act, R.I.G.L. 45-24, as amended, to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by this chapter, but not to exceed 25% of each of the applicable dimensional requirements.

MULTITENANT COMMERCIAL STRUCTURE — A structure containing more than one tenant space in a commercial zone.

MULTITENANT INDUSTRIAL STRUCTURE — A structure containing more than one tenant space in an industrial zone.

NIGHTCLUB — An establishment serving food and liquor in which music, dancing and entertainment are conducted.

NONCONFORMANCE — A building, structure or parcel of land, or use thereof, lawfully existing at the time of the adoption (or amendment) of this chapter, October 21, 1966, and not in conformity thereof. Nonconformance shall be of only two types:

• A. NONCONFORMING BY USEA 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 DIMENSIONA 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 a zoning ordinance 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.

NONRESIDENTIAL COOPERATIVE CULTIVATION — A use of land located in a nonresidential zone, or of a structural building, or portion thereof, located in a nonresidential zone, for the cultivation of marijuana by two or more registered cardholders, as defined in R.I.G.L. § 21-28.6-3.

OPEN SPACE — Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

OUTDOOR RETAIL - ACCESSORY — Retail activity that takes place in an open lot, tent, trailer, motor vehicle, enclosure or structure that is not permanently affixed to the land.

OVERLAY DISTRICT — A district established in this chapter 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.

PARCEL — A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

PARKING AREA OR LOT — All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

PARKING SPACE (OFF-STREET) — An off-street parking space shall consist of a hard-surfaced space with a minimum area of 162 square feet and access using a curb cut to a public street or private right-of-way. For residences with three dwelling units or less, the paved driveway area, excluding front yard area, may be used to calculate required parking spaces. Vehicles parked tandem, one behind another, outside of a garage will not be considered as separate off-street parking spaces. Required off-street parking areas for five or more vehicles shall be designed in accordance with § 410-78.

PAWN SHOP — An establishment that engages, in whole or part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

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

PERMEABLE PAVERS — Permeable paving is a broadly defined group of pervious types of pavements used for roads, parking, sidewalks and plaza surfaces. Most of these consist of a permeable surface layer with enough structural integrity to support at least light vehicular use, and a subgrade layer or lavers of materials such as aggregate that provide a structural base and allow for storage and infiltration of stormwater. Permeable paving reduces impacts of impervious cover by allowing runoff to infiltrate, augmenting the recharge of groundwater, and enhancing pollutant uptake removal in the underlying soils. Permeable pavement can even result in reduced maintenance requirements by improving the drainage characteristics of an impervious area. There are many different types of permeable paving, including concrete-style grid pavers; lattice-style paving that includes grass in spaces between lattice work; porous pavement that looks like regular pavement (asphalt or concrete) but is manufactured without fine (small particle size) materials; cobblestone; brick; plastic modular blocks; crushed aggregate or gravel.

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

PERMITTING AUTHORITY — The local agency of government, meaning any board, commission or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

PERSONAL COMMUNICATIONS SYSTEM ANTENNA — A site where antenna(s) are located on an existing structure and which transmit and receive signals in the frequency of 1,850 and 2,200 MHz (Megahertz) at a power of less than 200 watts.

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.

PORTABLE STORAGE CONTAINER — A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. The term shall not include yard waste containers provided by the City pursuant to City Code § 31-35, roll-off containers, or containers having a storage capacity of less than 150 cubic feet.

PREAPPLICATION CONFERENCE — A review meeting of a proposed development held between applicants and the Planning Department before formal submission of an application for a permit or for development approval.

REHABILITATION — The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.

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

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

ROOMING UNIT — Either one or two rooms without cooking facilities in a rooming house.

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.

SLOPE OF LAND — The grade, pitch, rise or incline of the topographic landform or surface of the ground.

SPECIAL USE — A regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to R.I.G.L. § 45-24-42. Formerly referred to as a "special exception."

STORMWATER DETENTION — A provision for storage of stormwater runoff and the controlled release of the runoff during and after a flood or storm.

STORMWATER RETENTION — A provision for storage of stormwater runoff.

STREET — A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See "street classification."

STREET CLASSIFICATION — A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications use the following as major categories:

• A. ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
• B. COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
• C. LOCALStreets whose primary function is to provide access to abutting properties.

STREET, ACCESS TO — An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

STREET, ALLEY — A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

STREET, CUL-DE-SAC — A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

STREET, LIMITED ACCESS HIGHWAY — A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway.

STREET, PRIVATE — A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.

STREET, PUBLIC — All public property reserved or dedicated for street traffic.

STREET, STUB — A portion of a street reserved to provide access to future development, which may provide for utility connections.

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.

SUBDIVISION — The division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines of a recorded lot by any means is considered a subdivision.

• A. Administrative subdivision. Subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which the Administrative Officer reviews any subdivision qualifying for this review is set forth in the Land Development and Subdivision Regulations.
• B. Minor subdivision. A subdivision creating nine or fewer buildable lots. The process by which the City Planning Commission or Joint Planning Commission as appropriate, a technical review committee, and/or Administrative Officer reviews a minor subdivision is set forth in the Land Development and Subdivision Regulations.
• C. Major subdivision. A subdivision creating 10 or more buildable lots. The process by which the City Planning Commission or Joint Planning Commission as appropriate reviews any subdivision qualifying for this review under the Land Development and Subdivision Regulations.

SUBSTANDARD LOT OF RECORD — Any lot lawfully existing on October 21, 1966, and not in conformance with the dimensional and/or area provisions of this chapter.

TECHNICAL REVIEW COMMITTEE — A committee or committees appointed by the municipality for the purpose of reviewing, commenting, and approving and/or making recommendations to the City Planning Commission or Joint Planning Commission as appropriate with respect to approval of land development and subdivision applications or Administrative Officer, as set forth in this chapter and the Land Development and Subdivision Regulations.

TRANSIT SHELTER — An independent structure, having a roof supported by columns, resting on a foundation and designed for the shelter of public transportation patrons.

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 under the applicable standards set forth in § 410-133A.

VESTED RIGHTS — The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project. See § 410-127.

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

WETLAND, COASTAL — Any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the RI Coastal Resources Management Program, as may be amended.

WETLAND, FRESHWATER — Includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and vernal pools,

WIRELESS COMMUNICATIONS ANTENNA — A tower structure exceeding 50 feet in height used for transmitting and receiving signals in the 800 MHz (Megahertz) band, which may optionally have a microwave antenna(s) attached.

• A. YARDA required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences, walls, posts and customary yard accessories may be permitted subject to the limitation of this chapter.
• B. FRONT YARDThe area between a street line and a line parallel thereto, drawn through the nearest point of a structure, other than an exempted structure.
• C. REAR YARDThe area between a rear lot line and a line parallel thereto, drawn through the nearest point of a main structure, other than an exempted structure.
• D. SIDE YARDThe area between a side lot line and a line parallel thereto, drawn through the nearest point of a structure, other than an exempted structure.

ZONING — The reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.

ZONING CERTIFICATE — A document signed by the Director, 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 this chapter and which delineate the boundaries of all mapped zoning districts within the City.

ZONING ORDINANCE — Chapter 410 of the Pawtucket Code of Ordinances: that includes the Zoning Map.

ZONING USE DISTRICT — 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. Zoning use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.