§ VII-G

New retail business, office or consumer service complex, alteration or substantial improvement

1. A new retail business, office or consumer service complex use, or an addition of more than thirty percent (30%) over the size of the buildings as existing at the time of the enactment of this amendment, or a Substantial Improvement, as defined in Article II., may be permitted as specified in Article V. Section B. Permitted Uses, provided that the Zoning Board of Review in accordance with this Ordinance, finds that the establishment of the same meets the standards and requirements of this section, and the intent of the use district in which it is located.
[Amended 10-27-2004]
- a) Multiple principal and/or accessory buildings may be permitted within a single lot, subject to the provisions of Article VIII. Section D. Planned Unit Developments.
  [Added 2-4-2008]
Note: "and the intent of the use district in which it is located" adopted 10-27-2004.
2. The purpose of these regulations is to encourage the appropriate use of land for the development of new commercial areas taking into consideration the natural amenities of the site. No structure or structures shall be erected, added to or substantially improved as above unless in accordance with the standards set forth in this section.
3. In granting any such special use permit or in permitting any modification of the regulations set forth herein, the Zoning Board of Review may prescribe such conditions and safeguards, as further described in Article X. Special Conditions, as it may deem necessary to prevent nuisance to and promote harmony with nearby property. The disregarding of any such condition or safeguard, when made a part of the terms under which approval is granted shall be deemed a violation of this Ordinance.
4. A performance bond in the amount of one hundred percent (100%) of the cost of on site improvements including roads, parking and travel areas, drainage and landscaping, but exclusive of buildings, and a certificate of occupancy shall be required.
5. A Performance Bond or cash surety in the name of the Town of Portsmouth and in the amount of five percent (5%) of the estimated cost of development shall be submitted to the Zoning Enforcement Officer prior to the start of construction. Such Performance Bond or cash surety must be maintained in effect until the requirements, in total or in phases, as determined by the Zoning Board of Review, are completed.
6. No proposed development shall be approved by the Zoning Board of Review unless it is served by an adequate sewerage system as approved by the R.I. Department of Environmental Management or public sewer, when the same becomes available, and that the sewer lines to which it shall be connected, have adequate capacity to carry the additional effluent created by the development. Should the lines be determined to be inadequate, only such portion of the development as can be accepted by the sewer lines, shall be approved for development provided it meets all other requirements of this Zoning Ordinance.
- a) In the event that a private sewage treatment plant is to be constructed, it shall be of a type approved by the State of Rhode Island Department of Environmental Management and it shall meet the standards of all Federal and State Legislation regarding water pollution control before a building permit may be issued.
7. In granting a special use permit for a development under this section the Zoning Board of Review shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Portsmouth Planning Board for review and advice, per the stipulations of Article XI. Development Plan Review. Plans shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review.
8. The Zoning Board of Review shall require that the developer provide affidavits or statements signed by the Department of Environmental Management and the Coastal Resources Management Council that the proposed site does not violate any portion of the Wetlands Act or CRMC regulations prior to final approval, plus permits for curb cuts and connections into State road drainage systems, if applicable.
9. Application shall include eleven (11) full sets of building and site drawings including, but not limited to, sewerage, other utilities, topographical plans, plumbing, heating and electrical plans, etc., as set forth below, and shall, as a condition precedent to the granting of said special use permit, require full adherence to said plans without deviation at any later construction date. The site plan shall conform to the development standards set forth in paragraph 10 below and shall contain the following:
- a) A location map showing the location of the proposed site in relation to the Town of Portsmouth.
- b) A plot plan showing the entire area to be developed as well as any abutting land under control of the applicant or owner of the land shown on the plan, and all parcels within five hundred feet (500') of proposed development.
  [Amended 10-27-2004]
  Note: ", and all parcels within 500 feet of proposed development" adopted 10-27-2004.
- c) The site plan shall:
  - (1) Be drawn at a scale of one inch equals forty feet (1" = 40') and be thirty-two inches (32") long and twenty-two inches (22") wide and contain a North arrow in the upper left corner (a Master Plan could be of other scale).
  - (2) Contain a title block in the lower right corner, including the name of the surveyor, designer, and engineer, the name of the development, owner and applicant if other than the owner, the date and scale, the acreage and square footage of the development.
  - (3) Show both existing and proposed contours at two foot (2') intervals, by the use of solid and dotted lines.
  - (4) Show size and location of all underground utilities within and abutting the site.
  - (5) Show location and width of all proposed vehicular and pedestrian interior ways.
  - (6) Show location and number of spaces of proposed parking.
  - (7) Show location of all proposed buildings by type.
  - (8) Show location and size of all proposed utilities, as approved by the installing authority.
  - (9) Show location and type of retention/erosion control areas if necessary to meet drainage requirement.
  - (10) Show location of all monuments.
  - (11) Show the names of all abutters as determined from the most recent tax list.
  - (12) Show the proposed treatment of all open spaces.
  - (13) Show on a separate sheet building elevations.
  - (14) Show on a separate sheet preliminary layout of building interiors.
- d) Submittal shall also include items required in Article IX Section D. Design Review Standards, as applicable.
  [Added 10-27-2004]
  The above elements may be shown on separate sheets.

10. Development standards. All developments proposed under this Section shall conform to the following standards:

a) Minimum frontage: one hundred ten feet (110').
b) Minimum front yard: thirty feet (30').
c) Minimum side yard: twenty-five feet (25').
- (1) Driveways may not be counted as side yards.
d) Minimum Rear Yard: thirty feet (30').
e) Maximum lot coverage by buildings: twenty-five percent (25%).
f) Maximum Building, parking and travelway coverage: seventy percent (70%); eighty-five percent (85%) in the Town Center District.
Note: 85% in the Town Center District adopted 10-27-2004.
g) Due to the wide range of soil content in the Town of Portsmouth, no on site sewerage system shall be considered completely adequate without attention being given to the existing soil analysis map as prepared by the U.S. Department of Agriculture Soil Conservation Service. No opinion pertaining to the adequacy of the proposed system can be given without written evidence of on-site soil exploration tests as required by the R.I. Department Of Environmental Management. On site sewerage systems shall be approved by the Rhode Island Department of Environmental Management.
h) Maximum Building Height: two and one-half (2 1/2) Stories, not to exceed thirty-five feet (35').
i) Drainage. The developer shall provide for adequate drainage and shall further provide that the rate of runoff from the property shall not increase during construction or after completion of the development to the detriment of surrounding properties. If the retention of water is deemed necessary, then the retention areas shall be provided prior to construction of any buildings or the surfacing of any areas. The engineer shall submit on separate sheets all computations in determining rates of runoff and shall base all calculations on a ten (10) year storm frequency using the TR-55 method for determining total storm water runoff. These computations shall be prepared by an engineer registered in the State of Rhode Island and he shall affix his seal to the required documents.
j) Sewage system. Public sanitary sewers shall be designed so as to ensure a self-cleaning velocity of not less than two and one half feet (2.5') per second nor more than ten feet (10') per second. Computation of sewage and sewage flow calculation shall be submitted.
k) Water. Computation of water usage shall be submitted and a statement of water availability shall be submitted. Written evidence of permission to connect to a public water supply shall be delivered to the Building Inspector prior to issuance of a building permit.
l) (Reserved)
Note: Effective 10-15-1997, Article VII Section G.10.l) is deleted. All parking requirements related to retail development are in Article IX. Deleted wording was: "Parking shall be provided for in accordance with Article IX. Section A, Parking. There shall be no parking within 25' of any lot line. Cross-section of travel and parking areas shall be provided on the site plan."
m) Open space shall be provided in appropriate places and every effort shall be made to preserve wooded areas or other site amenities.
n) All interior roadways and parking areas shall be constructed in accordance with the "construction standards for streets" contained in Land Development and Subdivision Regulations of the Town of Portsmouth.
[Added 10-27-2004]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
o) Access and egress. There shall be not more than one (1) entrance and one exit for every five hundred feet (500') or less of frontage. Said entrance and exit shall meet the requirements of the State of Rhode Island Department of Roads and Bridges and the Portsmouth Police and Highway Departments.
p) Acceptable engineering standards shall prevail where no standards are specified.
q) Fire lanes shall be provided for and approved by the Fire Department.

r) Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be adequately separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians. Display areas on building aprons must maintain an adequate minimum walkway width between the display items and any vehicle drives.

[Added 2-4-2008]

	Merchandise may not be displayed or stored in parking areas or on sidewalks adjacent to facade walls, except in screened display, sales, and storage areas, except short term seasonal events as approved by the Building Inspector.
	Display, sales, and storage areas, such as nursery departments, must be enclosed by screening with a solid base with a minimum height of three feet (3') under a wrought iron or tubular steel fence (black or green vinyl coated only) with a minimum height of five feet (5'). The screening may also be composed of materials and colors matching the main building. No merchandise other than trees may be visible above the screening from eye level at grade.
	These provisions shall not be applicable where the sale of nursery and agricultural products are the principal use of the building.

11. The foregoing development standards including but not limited to parking, open space, building design and location and other standards set forth herein and in Article IX may be modified and/or varied by the Zoning Board of Review upon a finding that such modifications comply with the requirements set forth in Section A paragraph 4 herein.