§ 410-59
Permitted special uses
[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.