PRINCIPAL USE STANDARDS
1202 PRINCIPAL USE STANDARDS Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this Ordinance.
A. Adult Use
1. All adult uses shall be located a minimum of 500 feet from any residential use, place of worship, educational facility, park/playground, or cultural facility.
2. An adult use shall be located a minimum of 2,000 feet from any other adult use.
3. No adult use may be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any public or private right-of-way or any property.
B. Animal Care Facility
1. Exterior exercise areas shall be located in the interior side or rear yard.
2. All overnight boarding facilities shall be located indoors.
3. All animal quarters and exterior exercise areas shall be kept in a clean, dry, and sanitary condition.
C. Automated Teller Machine - Standalone 1. A drive-through standalone Automated Teller Machine (ATM) is subject to the following standards: a. A drive-through standalone ATM is permitted only when a drive-through facility is allowed within the district and separate approval is obtained for the drive-through facility, including compliance with all standards for a drive-through facility.
2. A walk-up standalone Automated Teller Machine (ATM) is subject to the following standards: a. No portion of an ATM shall encroach into the public right-of-way unless an encroachment permit is obtained.
D. Reserved
E. Bed and Breakfast
1. The exterior of a bed and breakfast shall maintain its original appearance as a dwelling. No parking shall be located in front of the front building line.
2. Cooking facilities are prohibited in individual guest rooms.
3. If meals are provided, only registered guests may be served.
4. Leasing of a common dining area for social events is prohibited.
5. Guest stays are limited to a maximum of 14 consecutive days.
F. Car Wash
1. Car wash facilities shall be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of seven feet in height. One shrub a minimum of three feet in height at time of planting shall be planted linearly every three feet on-center along such fence or wall.
2. The site shall be graded to drain away from adjoining properties.
3. All structures shall be designed with windows that allow for visibility to all parts of the site.
G. Community Residence Community residences shall meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requirements. Community residences shall be provisionally licensed by the state when considered as a use by the City. Community residences in residential zones shall meet the design standards for single-family dwellings of Section 1202.L.
H. Contractor Storage Yard and Storage Yard - Outdoor 1. The storage area shall be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress. Fences or walls along the front or corner side lot line shall be set back a minimum of 3 feet. Within that setback, one shrub a minimum of three feet in height shall be planted linearly every three feet on-center along such fence or wall.
2. Storage of any kind is prohibited outside the fence or wall. No items stored within 30 feet of the fence or wall may exceed the height of the fence or wall.
3. The storage area should be located to the rear of the lot if possible. Any structures shall be located towards the front of the lot, in compliance with the front yard of the underlying zoning district.
4. Outdoor storage areas shall be surfaced and graded to drain all surface water.
I. Day Care - Day Care Center and Family Day Care Home 1. Each day care shall comply with all applicable state and federal regulations.
2. The operator of a day care center shall be licensed by the state.
3. If a day care is located in a dwelling unit, no more than 50% of the GFA of the dwelling unit may be devoted to day care and no more than one person who does not reside in the unit is employed by the day care.
J. Drive-Through Facility
1. All drive-through facilities shall provide a minimum of three stacking spaces per lane or bay, unless additional stacking spaces are required specifically by this Ordinance. Stacking spaces provided for drive-through uses shall be: (Figure 12-1)
a. A minimum of nine feet in width, as measured from the outermost point of any service window or bay entrance, to the edge of the driveway, and 18 feet in length. In the case of a recessed service window, the measurement shall be taken from the building wall.
b. Stacking spaces shall begin behind the vehicle parked at a final point of service exiting the drive through aisle, such as a service window or car wash bay (this does not include a menuboard). Spaces shall be placed in a single line behind each lane or bay.
2. All drive-through lanes shall be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Drive-through lanes on corner lots shall not route exiting traffic into adjacent residential neighborhoods. All applications for special use permit for a drivethrough facility shall provide a study by a traffic engineer indicating the impacts of traffic generation predicted from the proposed project. To approve an application, the Zoning Board of Review shall find that there is no significant adverse impact on vehicular, bicycle, and pedestrian traffic conditions due to the drive-through facility.
3. Drive-through facilities shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet and a maximum of seven feet in height. One shrub a minimum of three feet in height at time of planting shall be planted linearly every three feet on-center along such fence or wall. This standard does not apply to drive-through facilities within multi-tenant retail centers.
K. Dwelling: Multi-Family or Rowhouse
1. Entrance a. A dwelling shall have a primary entrance that is visible from the public right of way and located either on the façade facing the front lot line, or within 20 feet of the façade facing the front lot line.
b. The primary entrance shall have a maximum elevation of five feet above the ground directly below the entrance.
c. For any entrance on the front or side of a building, when using pressure treated wood on stairs, porches, railings, landings, and screening, the wood shall not be left unfinished. It may be painted, stained with an opaque finish, or clad in a finish quality wood, vinyl, or composite material.
d. The area under porches, stairs or landings on the front or side of a building shall be screened by wood or simulated wood lattice or other opaque building material.
2. Façades and Other Building Faces
a. Windows, entrances, porches, or other architectural features are required on any facades to avoid the appearance of blank walls. Building façades shall not contain blank wall areas that exceed 12 linear feet.
b. There shall be a minimum of 15% transparency on each façade. On all other building faces, there shall be a minimum of 10% transparency or the maximum allowed by building code, whichever is less. Transparency is calculated on the basis of the entire area of each building face.
c. When vinyl siding is used, the siding shall only be used in a clapboard, shingle, or board and batten design.
d. For all windows, when using vinyl clapboards, shingles, or board and batten siding, there shall be a sill, and window trim of at least 3.5” in width for side and head casings.
e. When using vinyl clapboards, shingles, or board and batten siding, corner boards of at least 4.5” in width shall be used at all outside corners. This shall not apply to woven shingle corners.
f. Façades shall be designed with consistent materials and treatments that wrap around all street-facing façades. There shall be a unifying architectural theme for the entire multi-family or rowhouse development, utilizing a common vocabulary of architectural forms, elements, materials, or colors in the entire structure. (Figure 12-2)
g. Building facades shall include windows, projected or recessed entrances, overhangs, and other architectural features. Three-dimensional elements, such as balconies and bay windows, are encouraged to provide dimensional elements on a façade. (Figure 12-2)
3. Reserved
4. Flat roofs shall include cornices, parapets, or similar architectural details to add variety and break up the roofline.
5. There shall be a minimum separation of 15 feet between sidewalls of rowhouse developments. Where the front or rear wall of a rowhouse faces the front or rear wall of another rowhouse, the minimum required separation between such buildings shall be 30 feet. Driveways and parking areas may be located within this minimum separation area. (Figure 12-2)
6. A dwelling unit in a multi-family dwelling or rowhouse dwelling may be used as a short-term rental, subject to the following standards: a. Properties used as short-term rentals in the R-1A, R-1, R-3, and R-4 zoning districts must be owner-occupied.
b. The owner must supply all of the following within the dwelling unit: i. Visible printed materials with diagrams of all points of egress, written in both English and Spanish.
ii. Clearly marked visible fire extinguisher(s).
c. Dwelling units used as short-term rentals shall require a temporary use permit, the term of which shall be one year. Short-term rental of portions of dwelling units, where the owner is present and living in the dwelling unit during the entire term of the rental, are not subject to this provision.
7. Adaptive Reuse for the conversion of any commercial, institutional, or industrial building, including offices, schools, religious facilities, medical buildings, mills, and malls into residential units or mixed-use developments shall be permitted subject to the following standards: a. There are no prohibitions preventing the conversion to residential use by environmental land use restrictions recorded on the property by the State of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency.
b. The conversion shall include the development of at least 50% of the existing gross floor area into residential units.
c. Non-residential uses may be provided if they are permitted by right or special use in the zoning district pursuant to Table 12-1.
d. The residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing.
e. The conversion shall not occur within the W-3, M-1, or M-2 zones in accordance with the Future Land Use Map, which designates those areas as “Business/Industrial” or “Waterfront/Port.” As the public health and safety needs of industrial and residential uses often conflict, the Comprehensive Plan prohibits any residential development in these areas within Objective LU5.
f. The conversion shall not occur within any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.
8. At least 500 sf of lot area per dwelling unit are required for multi-family dwellings in the RP and R-4 districts.
9. Multi-family dwellings in the R-1A, R-1, and R-3 districts shall be permitted by special use permit under the following conditions and calculations: a. The lot shall meet or exceed the minimum lot area for new subdivisions.
b. R-1A: For lots of 15,000 sf or more, one dwelling unit is permitted for every 7,500 sf of lot area, with one further dwelling unit permitted if the principal structure is preserved in its entirety. Principal structures must exist as of January 1, 2025. R-1: For lots of 10,000 sf or more, one dwelling unit is permitted for every 5,000 sf of lot area, with one further dwelling unit permitted if the principal structure is preserved in its entirety. Principal structures must exist as of January 1, 2025. R-3: For lots of 5,000 sf or more, one dwelling unit is permitted for every 1,667 sf of lot area.
c. In the R-3 zone, where at least 20 percent of the housing units are deed restricted as affordable to households earning less than or equal to 80 percent of area median income, there shall be at least 1,000 sf of lot area per dwelling unit.
d. Multi-family dwellings in the R-1A, R-1, and R-3 zones shall not exceed three stories.
e. On lots of 20,000 sf or more, in order to preserve natural or built features of the site, the Zoning Board of Review may permit multiple principal structures on a lot and may adjust required setbacks. The resulting collection of structures and units shall be considered a multifamily dwelling.
f. Short-term rentals shall be prohibited as a condition of the special use permit.
g. In the R-1A and R-1 districts, the property shall not be occupied by more than three college students as a condition of the special use permit.
10. Rowhouses are subject to the following conditions and calculations: a. A rowhouse shall be designed so that each unit has a separate street-facing exterior entrance and direct ground level access to the front yard. The design of a street-facing exterior entrance for a rowhouse shall include a hood and stoop.
b. A lot containing a rowhouse dwelling unit shall have frontage along a developed public right-ofway.
c. R-1A: One dwelling unit is permitted for every 7,500 sf of lot area present prior to subdivision into individual rowhouse lots. R-1: One dwelling unit is permitted for every 5,000 sf of lot area present prior to subdivision into individual rowhouse lots. R-3: One dwelling unit is permitted for every 1,667 sf of lot area present prior to subdivision into individual rowhouse lots. Where at least 20 percent of the housing units are deed restricted as affordable to households earning less than or equal to 80 percent of area median income, one dwelling unit is permitted for every 1,000 sf of lot area present prior to subdivision into individual rowhouse lots. R-4 and RP: One dwelling unit is permitted for every 700 sf of lot area present prior to subdivision into individual rowhouse lots.
d. Reserved.
e. Rowhouse dwellings in the R-1A, R-1, and R-3 zones shall not exceed three stories. Rowhouse dwellings in the R-4 zone shall not exceed four stories.
f. Subdivision into lots for individual rowhouse dwelling units shall not be completed until the rowhouse dwellings are constructed.
L. Dwelling: Single-Family, Two-Family, or Three-Family
1. Entrance a. A dwelling shall have a primary entrance that is visible from the public right of way and located either on the façade facing the front lot line, or within 20 feet of the façade facing the front lot line.
b. The primary entrance shall have a maximum elevation of five feet above the ground directly below the entrance.
c. For any entrance on the front or side of a building, when using pressure treated wood on stairs, porches, railings, landings, and screening, the wood shall not be left unfinished. It may be painted, stained with an opaque finish, or clad in a finish quality wood, vinyl, or composite material.
d. The area under porches, stairs or landings on the front or side of a building shall be screened by wood or simulated wood lattice or other opaque building material.
2. Façades and Other Building Faces
a. Windows, entrances, porches, or other architectural features are required on any facades to avoid the appearance of blank walls. Building façades shall not contain blank wall areas that exceed 12 linear feet.
b. There shall be a minimum of 15% transparency on each façade. On all other building faces, there shall be a minimum of 10% transparency or the maximum allowed by building code, whichever is less. Transparency is calculated on the basis of the entire area of each building face.
c. When vinyl siding is used, the siding shall only be used in a clapboard, shingle, or board and batten design.
d. For all windows, when using vinyl clapboards, shingles, or board and batten siding, there shall be a sill, and window trim of at least 3.5” in width for side and head casings.
e. When using vinyl clapboards, shingles, or board and batten siding, corner boards of at least 4.5” in width shall be used at all outside corners. This shall not apply to woven shingle corners.
3. Reserved
4. Reserved 5. In the R-1A and R-1 districts, a single-family dwelling, that is non-owner occupied, shall not be occupied by more than three college students.
6. A dwelling unit in a single-family, two-family, or three-family dwelling may be used as a short-term rental, subject to the following standards.
a. Properties used as short-term rentals in the R-1A, R-1, R-3, and R-4 zoning districts must be owner-occupied.
b. The owner must supply all of the following within the dwelling unit: i. Visible printed materials with diagrams of all points of egress, written in both English and Spanish.
ii. Clearly marked visible fire extinguisher(s).
c. Dwelling units used as short-term rentals shall require a temporary use permit, the term of which shall be one year. Short-term rental of portions of dwelling units, where the owner is present and living in the dwelling unit during the entire term of the rental, are not subject to this provision.
7. Adaptive Reuse for the conversion of any commercial, institutional, or industrial building, including offices, schools, religious facilities, medical buildings, mills, and malls into residential units or mixed-use developments shall be permitted subject to the following standards: a. There are no prohibitions preventing the conversion to residential use by environmental land use restrictions recorded on the property by the State of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency.
b. The conversion shall include the development of at least 50% of the existing gross floor area into residential units.
c. Non-residential uses may be provided if they are permitted by right or special use in the zoning district pursuant to Table 12-1.
d. The residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing.
e. The conversion shall not occur within the W-3, M-1, or M-2 zones in accordance with the Future Land Use Map, which designates those areas as “Business/Industrial” or “Waterfront/Port.” As the public health and safety needs of industrial and residential uses often conflict, the Comprehensive Plan prohibits any residential development in these areas within Objective LU5.
f. The conversion shall not occur within any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.
8. Two- and three-family dwellings in the R-1A and R-1 districts shall be permitted by special use permit under the following conditions and calculations: a. The lot shall meet or exceed the minimum lot area for new subdivisions.
b. R-1A: For lots of 15,000 sf or more, one dwelling unit is permitted for every 7,500 sf of lot area, with one further dwelling unit permitted if the principal structure is preserved in its entirety. Principal structures must exist as of January 1, 2024. R-1: For lots of 10,000 sf or more, one dwelling unit is permitted for every 5,000 sf of lot area, with one further dwelling unit permitted if the principal structure is preserved in its entirety. Principal structures must exist as of January 1, 2024.
c. In the R-1A and R-1 districts, the property shall not be occupied by more than three college students as a condition of the special use permit.
M. Educational Facility - Primary or Secondary 1. Development Plan Review For primary or secondary educational facility campuses with two or more existing or planned principal buildings in a residential district, Development Plan Review by the City Plan Commission is required in accordance with Section 1906. A plan of development shall be submitted that includes the following: a. An existing conditions site plan for the entire site that identifies the location, square footage, and building heights of all existing structures, outdoor recreation areas, parking facilities, and general uses.
b. A development plan for the entire site that identifies the location, square footage, and building heights of: i. All planned new structures.
ii. All planned additions to existing structures of more than 25% of gross floor area or 2,500 square feet of gross floor area, whichever is less.
iii. All planned new or reconfigured parking facilities.
iv. All planned new outdoor facilities.
c. A sign plan for the campus.
d. A lighting plan for the campus.
e. Internal traffic circulation plans, including vehicular ingress and egress locations, pedestrian circulation, and bicycle circulation. Student pick-up locations shall also be shown.
f. A parking and traffic impact analysis, including the location and capacity of all off-street parking and loading spaces, and estimates of traffic load impact on the surrounding public street system.
g. Proposed demolition of any structure, parking garage, parking lot, park, or any other campus facility.
h. Any proposed activity that would require an action by the Zoning Board of Review or City Council to implement.
i. An inventory of tree canopy and landscaping on the campus, and provisions for coming into conformance or maintaining conformance with this Ordinance.
2. Exceptions to Development Plan Review The following development actions are permitted when they conform to the standards of this Ordinance and do not require Development Plan Review: a. Primary or secondary educational facilities consisting of a single principal use building.
b. Construction of new structures of 2,000 square feet of gross floor area or less that are adjunct to and support an existing use on campus.
c. Additions to existing structures of less than 25% of the existing gross floor area or 2,500 square feet in gross floor area, whichever is less.
d. New parking facilities of 10 or fewer parking spaces.
e. Creation or expansion of any bicycle parking facilities.
f. Creation or expansion of open space, and alternate landscape designs and stormwater management techniques.
g. Façade renovation to an existing structure.
h. Interior renovations to an existing structure.
3. Development Plan Review Waivers The City Plan Commission as part of Development Plan Review may waive regulations pertaining to the maximum number of buildings on a lot, front setback, restrictions on the maximum number of driveways, sign area, and the location of paved area.
N. Educational Facility – University or College and Healthcare Institution All educational facilities – university or college and health care institutions are required to submit an Institutional Master Plan for approval in accordance with Section 1910.
O. Electric Vehicle Charging Station (Principal Use)
1. Structures, including charging islands and any other equipment, shall be set back a minimum of 20 feet from side and rear lot lines. Structures are exempt from any setback or build-to lines required by the district.
2. The access driveway shall be a minimum of 20 feet from any adjoining property line, from any intersecting street line, or any other driveway. No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage.
3. Each charging station shall be posted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations shall be included if time limits of tow away provisions are enforced by the owner. Information identifying voltage and amperage levels or safety information shall be posted.
4. The minimum distance between the canopy and the curb line shall be 12 feet and 20 feet from any interior lot line.
5. Electric vehicle charging stations as an accessory use are regulated separately in Article 13.
P. Gas Station
1. Gas stations require administrative Development Plan Review.
2. Gas stations shall meet the following minimum lot requirements: lot area of 12,000 square feet, lot depth of 100 feet, and lot width of 120 feet.
3. Structures and all pump islands, compressed air connections, and similar equipment shall be set back a minimum of 20 feet from side and rear lot lines. Structures are exempt from any setback and build-to lines required by the district.
4. No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage.
5. The minimum distance between the canopy and the curb line shall be 12 feet and 20 feet from any interior lot line.
6. Underground tanks shall meet the following requirements: a. The maximum storage capacity for petroleum products is 42,000 gallons.
b. The minimum separation required between underground tanks, adjoining buildings, and lot lines is ten feet. Structures 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.
7. Motor vehicle repair is permitted as part of a gas station use. However, repair work is limited only to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune-ups, brake and muffler repair or replacement, and similar types of work. Minor repair work does not include replacement of engines, replacement of transmissions, or any body work.
8. All repair work shall be conducted entirely within an enclosed structure. Storage of all merchandise, auto parts, and supplies shall be within an enclosed structure.
9. Gas stations shall be allowed in the C-2, C-3, W-2, and M-MU zones only when the subject property is unsuitable for residential development.
Q. Live Entertainment - Ancillary Use, Live Performance Venue, or Nightclub 1. Live entertainment - ancillary use is considered a separate principal use. Live entertainment – ancillary use may only be established when allowed as a use within a zoning district and in conjunction with another principal use such as a bar, restaurant, amusement facility, or arts studio.
2. When a live entertainment – ancillary use, live performance venue, or nightclub is a special use, the following elements of operation shall be considered, in addition to the special use standards: a. The noise abatement plan, including any plans for outdoor entertainment.
b. The security plan.
c. The size of the establishment and the size, location and configuration of the live entertainment area within the establishment.
d. Maximum occupancy loads.
e. For live entertainment – ancillary use, the days and hours of operation for the establishment’s general operations as a standard restaurant or bar, and the anticipated days and hours of operation for the live entertainment component.
f. Loading areas.
R. Lodge/Meeting Hall
1. No more than 30% of the gross floor area may be used as office space for the lodge/meeting hall.
2. Lodges/meeting halls are permitted to serve meals and alcohol on the premises for members and their guests only.
3. Sleeping facilities are prohibited.
4. Lodges/meeting halls leased or used as reception halls shall comply with the requirements for reception halls.
S. Materials Processing
1. Materials Processing requires administrative Development Plan Review.
2. The materials processing area shall be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress. Fences or walls along the front or corner side lot line shall be set back a minimum of 3 feet. Within that setback, one shrub a minimum of three feet in height shall be planted linearly every three feet on-center along such fence or wall.
T. Neighborhood Commercial Establishment
1. Neighborhood commercial establishments are only allowed within existing structures that are nonresidential in their construction and/or use as of the effective date of this Ordinance.
2. The following non-residential uses are permitted within a neighborhood commercial establishment: a. Art Gallery b. Arts Studio c. Office d. Personal Service Establishment e. Restaurant (Live Entertainment— Ancillary Use prohibited)
f. Retail Goods Establishment (Retail Sales of Alcohol prohibited)
3. No off-street parking is required. However, any off-street parking currently provided shall be maintained.
4. Drive-through facilities are prohibited.
5. Outside storage or display is prohibited. All business, servicing, processing, and storage uses shall be located within the structure.
6. Signs are limited to those allowed in the C-2 District.
U. Outdoor Dining
1. Outdoor dining shall not interfere with any pedestrian access or parking spaces and aisles.
2. Outdoor dining areas shall be located on private property unless an encroachment permit is approved to allow outdoor dining in the public right-of-way, per Section 1914. The encroachment permit shall include a plan that illustrates where outdoor dining furniture will be located within the public right-of-way.
3. The Director of Public Works may require such seating areas to be delineated through paint or structures to prevent unauthorized encroachments.
4. An outdoor dining area for an establishment shall be as continuous as possible by locating the outdoor dining area in a single portion of an establishment’s frontage.
5. When a structure is required to be constructed at a build-to line, the structure may have up to 50% or 60 linear feet of the front façade, whichever is less, designated as outdoor dining within a maximum setback of 25 feet from the required build-to line.
6. Outdoor Dining in the R-3 and R-4 zones shall only be permitted by special use permit for Neighborhood Commercial Establishments and shall cease operation by 10 P.M. Any outdoor dining located in zones besides the R-3 and R-4 zones, within 200 feet of a residential district lot line, shall cease operation by 11 P.M. This provision shall not apply to sidewalk seating on Atwells Avenue between Bradford Street and Harris Avenue.
V. Parking Lot and Parking Structure (Principal Use) All parking structures and parking lots are subject to the parking design standards of this Ordinance. In addition, parking structures and parking lots are subject to the following standards. For parking lots and structures in the D-1 District and East Side Overlay District, district regulations contain specific regulations for parking lots and structures.
1. Parking Structure
a. On portions of the ground floor façade along public streets where parking spaces are visible, a decorative fence and landscape or a kneewall is required to screen parking spaces. Such fence or kneewall shall be a minimum of four feet in height. (Figure 12-4)
b. For parking structures with rooftop open-air parking, a five foot parapet wall is required for screening of parked vehicles.
c. Where parking structures front on public streets, façade design and screening shall mask the interior circulation ramps and create the illusion of horizontality along the street. (Figure 12-5)
d. Parking structures shall be designed to minimize blank facades through architectural detailing and landscaping.
2. Parking Lot
a. 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.
b. Only structures for the shelter of attendants or for payment kiosks shall be permitted in a parking lot. Shelters or kiosks shall not exceed ten feet in height and 50 square feet in area.
c. The parking lots shall be screened and landscaped in accordance with the requirements of this Ordinance.
d. Principal use parking lots in residential zones shall not exceed 75% impervious surface.
W. Plant Agriculture
1. Plant agriculture shall be limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation but playground equipment is prohibited.
2. Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season. Accessory structures such as sheds, gazebos, and pergolas are also permitted.
3. Accessory structures and uses for the raising of chickens, fish, and bees are permitted so long as all such structures comply with the accessory structure and use provisions of Section 1302.
4. Farmstands are permitted and are limited to sales of items grown at the site, or items grown by the producer or producer cooperative that operates the site. No resale of items is permitted at farmstands.
5. Farmstands shall be removed from the premises or stored inside a structure on the premises during that time of the year when the use is not open to the public. Only one farmstand is permitted per lot.
X. Residential Care Facility and Rehabilitation Center
1. Residential care facilities and rehabilitation centers shall meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requirements.
2. A copy of the state license shall be visible at all times.
3. When located in a non-residential district, the structure shall be designed with a lobby entrance along the primary frontage.
4. Residential care facilities and rehabilitation centers shall meet the design standards for multi-family dwellings.
Y. Solar Energy System (Principal Use)
1. Systems, equipment, and structures are limited to the maximum height of the district.
2. All solar energy system structures shall meet the district setbacks.
3. No grid tied photovoltaic system shall be installed until evidence has provided that the owner has been approved by the utility company to install the system.
4. The facility owner and operator shall, at their sole expense, complete decommissioning of the solar energy system within one year after the end of the useful life of the solar energy system. The solar energy system shall be deemed to be at the end of its useful life if it is abandoned for a period of time in excess of 180 days.
Z. Tank Farm
1. Tank Farms require administrative Development Plan Review.
2. Tank Farms shall comply with all federal, state, and local regulations. AA. Vehicle Repair/Service and Vehicle Dealership/Rental 1. All repair and service operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.
2. Vehicle dealership/repair/service and vehicle rental establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of five feet and a maximum of seven feet in height.
3. No partially dismantled, wrecked, or unlicensed vehicle shall be stored outdoors on the premises. This standard does not apply to vehicles under repair.
4. No motor vehicles shall be stored and no repair work shall be conducted in the public right-of-way. BB. Vehicle Operation Facility 1. All repair and service operations shall be performed within a fully enclosed building with closed garage doors. CC. Wind Energy System (Principal Use)
1. The design of the wind energy system shall conform to applicable industry standards as such standards exist as of the date construction is commenced. The facility owner or operator shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or similar certifying organizations.
2. All wind turbines shall be newly manufactured as of the date of installation.
3. All wind energy system shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation is not considered a sufficient braking system for over speed protection.
4. All electrical components of the wind energy system shall conform to applicable local, state, and national codes, and applicable international standards.
5. An engineer's certificate shall be completed by a structural engineer, licensed in the State of Rhode Island, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for, the particular model of wind turbine used, and that the specific soils at the site can support the wind turbine.
6. Wind turbines shall comply with the following design standards: a. Wind turbines shall be a non-obtrusive and non-reflective color. The facility owner or operator shall maintain the paint on wind turbines at all times in good repair.
b. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, or the facility owner and operator.
c. Within the wind energy system, wind turbines shall be of a generally consistent size, design, and color, of similar height and rotor diameter, and rotate in the same direction.
d. Wind turbines shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities.
e. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities.
f. Non-essential appurtenances are prohibited to be affixed to any wind turbine, including, but not limited to, cellular or radio antennae.
g. A clearly visible warning sign advising persons of the presence of high voltage levels shall be placed at the base of all pad-mounted transformers and substations.
7. The applicant shall commission and submit at the time of permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert having no less than ten years of experience conducting wildlife assessments, indicating possible risks to local wildlife, habitat, and migratory birds. Additionally, the applicant's wildlife expert shall also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat. All wind turbines at time of application shall be located out of bird and bat migration pathways/corridors where wind turbine construction would pose a substantial risk.
8. Wind turbines shall not be climbable up to a height of at least 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
9. The height of a wind energy system shall be measured from grade to the highest point of a rotor blade when in its uppermost position. Allowable height shall be a function of the setbacks from nearby structures and nearby property lines. Wind turbines shall be set back from all structures on a participating property owner's property a distance of no less than the wind energy system height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the occupied building.
10. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning district or 110% of the wind energy system height, whichever is greater. The setback distance is measured from the property line to the nearest point on the outside edge of a tower. Operation and maintenance building(s) and substations shall be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, shall comply with the regulations of the zoning district.
11. All wind turbines shall be set back from the nearest public right-of-way a distance of 110% of the wind energy system height, as measured from the right-of-way line to the nearest point on the outside edge of a tower.
12. The facility owner or operator shall comply with all applicable codes and ordinances regulating sound generation. In the event that any sound levels from a wind turbine are found to be in excess of permissible levels, the facility owner or operator shall take necessary measures to bring sound levels down to a level acceptable.
13. Wind Turbine shadow flicker shall not exceed 30 hours per year on any window of an existing residential structure located on a parcel owned by an entity other than the parcel owner where the turbine is to be located.
14. The facility owner and operator shall, at their sole expense, complete decommissioning of the wind energy system, or individual wind turbines, within one year after the end of the useful life of the wind energy system or individual wind turbines. The wind energy system or turbine shall be deemed to be at the end of its useful life if it is abandoned for a period of time in excess of 180 days. Decommissioning includes removal of wind turbines, structures, roads and foundations to a depth of 48 inches, and any other element constructed by facility owner or operator for the purpose of maintaining or operating the wind energy system.
15. Wind Energy Systems are permitted in the I-2 Zone by special use permit, provided the parcel abuts a W-3 Zone and the Wind Energy System is not less than 1,000 feet from a Residential Zone. DD. Wireless Telecommunications 1. Purpose The following standards for wireless telecommunications antennas, facilities, and towers are intended to: a. Ensure public health, safety, and welfare.
b. Ensure access to reliable wireless telecommunications services throughout the City.
c. Encourage the location of antennas and towers on City-owned property.
d. Encourage the use of existing towers and other structures for the co-location of wireless telecommunications antenna.
e. Encourage the location of towers, to the extent possible, in areas where the adverse impact on the City shall be minimal.
2. Application Requirements In addition to the requirements for a special use, all applications to erect, construct, or modify any part of a wireless telecommunications antenna, facility, or tower shall include the following items: a. A site plan showing: i. The location, size, screening, and design of all structures, including fences.
ii. The location and size of all outdoor equipment.
iii. Elevations showing antenna height.
iv. A landscape plan showing all screening.
v. If the site plan is for a new wireless telecommunications tower, indication of the fall zone as a shaded circle.
b. A maintenance plan and any applicable maintenance agreement designed to ensure longterm, continuous maintenance, including maintenance of landscape, keeping the area free from debris and litter, and immediate removal of any graffiti.
c. A disclosure of what is proposed, demonstrating the need for the wireless telecommunications antenna, facility, or tower in the proposed location.
d. The reason or purpose for the placement, construction, or modification in the proposed location with specific reference to the provider’s coverage, capacity, and/or quality needs, goals, and objectives.
e. The service area of the proposed wireless telecommunications antenna, facility, or tower.
f. If the proposal is for a new telecommunications tower, then a map showing co-location opportunities within the City and within areas surrounding the borders of the City shall be provided and justification for why co-location is not feasible in order to demonstrate the need for a new tower.
g. Certification by a licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.
3. Setbacks All wireless telecommunications towers and facilities shall be set back from all property lines in accordance with the minimum setback requirements in the zoning district.
4. Height The maximum height of a wireless telecommunications tower is the minimum needed to function satisfactorily. The special use application for approval of a wireless telecommunications tower shall demonstrate the minimum height needed for the tower to function.
5. Lighting and Marking Wireless telecommunications antennas, towers, and facilities shall not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
6. Specific Standards for Wireless Telecommunications Antennas Wireless telecommunications antennas are a special use in all districts, unless they are stealth design in which case they are considered a permitted use. Stealth design for wireless antennas is encouraged. All applications for wireless telecommunications antennas shall include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design shall comply with the following regulations: a. To qualify as a stealth design, wireless telecommunications antennas shall be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
b. Wireless telecommunication antennas shall be mounted at least 40 feet above grade, as measured from grade to the base of the antenna, to qualify as stealth design, in addition to meeting the other requirements of this section.
c. Antennas shall be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls, and steeples, and shall be designed to blend in with the structure. Antennas that co-locate on existing wireless telecommunications towers are also considered stealth design.
d. No antenna may increase the overall height of any structure on which it is mounted by more than five feet.
7. Specific Standards for Wireless Telecommunications Facilities
a. Any buildings, cabinets, or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation shall not be stored on the site. The facility shall be un-staffed.
b. Signs for the wireless telecommunications facility are limited to ownership and contact information, FCC antenna registration number (if required), and any other information required by government regulation. Commercial advertising is prohibited.
8. Specific Standards for Wireless Telecommunications Towers
a. The ability for other telecommunications providers to co-locate on a tower is required. Wireless telecommunications towers shall be designed to accommodate other telecommunications providers. The area surrounding a tower shall be of a sufficient size to accommodate accompanying wireless telecommunications facilities for other telecommunications providers.
b. Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the City, towers shall have a galvanized silver or gray finish.
9. Abandonment Any wireless telecommunications tower or facility that is not operated for a period of 180 consecutive days is considered abandoned. The owner shall immediately remove the tower or facility, and all aboveground equipment and related debris. The City may ensure and enforce removal by means of its existing regulatory authority.
10. Nonconforming Tower, Antenna, Or Facilities
a. Ordinary maintenance may be performed on nonconforming tower, antenna, or facilities. However, if the proposed alteration intensifies a nonconforming characteristic, a variance is required.
b. Co-location of an antenna on an existing nonconforming tower is a permitted use, provided that the addition of the antenna and any additional wireless telecommunications facilities do not intensify the nonconformity. EE. Cannabis - Hybrid Cannabis Retailer/Cannabis Cultivator 1. No more than the square footage for which the applicant is licensed shall be permitted for the use.
2. Any square footage in the property not devoted to the use must be segregated from the facility by a wall or similar structure.
3. The applicant must submit evidence of the following: a. That the applicant has taken all reasonable measures to contain noise and odors.
b. The security plan(s) for the property and the facility.
c. Staffing numbers for all hours of each day.
d. The number of vehicles that will access the facility on a daily or weekly basis.
4. A Hybrid Cannabis Retailer/Cannabis Cultivator may not be located within ¾ mile from the property line of another Hybrid Cannabis Retailer/Cannabis Cultivator.
5. A Hybrid Cannabis Retailer/Cannabis Cultivator may not be located within 1,000 feet from the property line of a preexisting public or private school.
6. Setbacks under this section shall be measured from the nearest property line of the Hybrid Cannabis Retailer/Cannabis Cultivator using a direct line to the nearest property line of the school or other Hybrid Cannabis Retailer/Cannabis Cultivator.
7. All Hybrid Cannabis Retailer/Cannabis Cultivators operating within the City of Providence shall be required to prominently display signage outlining city and state cannabis consumption laws, in compliance with all regulations put forth by the Rhode Island Cannabis Control Commission. This signage must be visible at all customer entry points and within all sales areas. The signage shall include, but not be limited to, the prohibition of smoking or vaporizing cannabis in public spaces such as parks, sidewalks, and other areas where smoking is prohibited, in accordance with the Rhode Island Cannabis Act, the Public Health and Workplace Safety Act, and all applicable city ordinances.
8. In addition to the notice requirements in Sections 1801 and 1901, the applicant shall simultaneously submit notice to the City Clerk of the special use permit application, and the City Clerk shall send such notice to the council person of the ward in which the facility is proposed. FF. Utility and Power Plant 1. The utility and power plant shall be enclosed by a perimeter fence up to eight feet in height, including ingress and egress.
2. Fences or walls along the front or corner side lot line of the utility and power plant shall be set back a minimum of 5 feet. Within that setback, one shrub a minimum of three feet in height shall be planted linearly every three feet on-center along such fence or wall. GG. Funeral Home 1. A funeral home shall not provide parking in excess of 135% of the required parking spaces of Table 14-1.
2. A funeral home parking lot shall be screened and landscaped in accordance with the requirements of this Ordinance. HH. Helipad/Heliport 1. The design and location of helipads and heliports shall meet all applicable requirements of the Federal Aviation Administration. II. Transitional Shelter 1. A transitional shelter shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of four feet and a maximum of six feet in height.
2. The premises of a transitional shelter, along with all adjacent streets, sidewalks, and alleys within 100 feet, shall be inspected regularly for the purpose of removing any litter or debris found thereon.
3. Transitional shelter guests shall be provided with an enclosed waiting area one hour prior to opening, except when the shelter accepts guests by appointment only or is open 24 hours per day.
4. The operator shall submit a management plan for the facility. JJ. Cannabis Retailer 1. No more than the square footage for which the applicant is licenses shall be permitted for the use.
2. Any square footage in the property not devoted to the use must be segregated from the facility by a wall or similar structure.
3. The applicant must submit evidence of the following:
a. That the applicant has taken all reasonable measures to contain noise and odors.
b. The security plan(s) for the property and the facility.
c. Staffing numbers for all hours of each day.
4. A Cannabis Retailer may not be located within 500 feet from the property line of a preexisting public or private school, other Cannabis Retailer.
5. Setbacks under this section shall be measured from the nearest property line of the Cannabis Retailer using a direct line to the nearest property line of the school, or other Cannabis Retailer.
6. All Cannabis Retailers operating within the City of Providence shall be required to prominently display signage outlining city and state cannabis consumption laws, in compliance with all regulation put forth by the Rhode Island Cannabis Control Commission. This signage must be visible at all customer entry points and within all sales areas. The signage shall include, but not be limited to, the prohibition of smoking or vaporizing cannabis in public spaces such as parks, sidewalks, and other areas where smoking is prohibited, in accordance with the Rhode Island Cannabis Act, the Public Health and Workplace Safety Act, and all applicable city ordinances.
7. In addition to the notice requirements in Sections 1801 and 1901, the applicant shall simultaneously submit notice to the City Clerk of the special use permit application, and the City Clerk shall send such notice to the council person of the ward in which the facility is proposed. KK. Cannabis - Social Equity/Workers’ Cooperative Licensed Cannabis Retailer 1. Any square footage in the property not devoted to the use must be segregated from the facility by a wall or similar structure.
2. The applicant must submit evidence of the following: a. That the applicant has taken all reasonable measures to contain noise and odors.
b. The security plan(s) for the property and the facility.
c. Staffing numbers for all hours of each day.
3. A Social Equity/Workers’ Collaborative Licensed Cannabis Retailer may not be located within 500 feet from the property line of a preexisting public or private school.
4. Setbacks under this section shall be measured from the nearest property line of the Cannabis Retailer using a direct line to the nearest property line of the school, other Cannabis Retailer.
5. All Social Equity/Workers’ Collaborative Licensed Cannabis Retailers operating within the City of Providence shall be required to prominently display signage outlining city and state cannabis consumption laws, in compliance with all regulation put forth by the Rhode Island Cannabis Control Commission. This signage must be visible at all customer entry points and within all sales areas. The signage shall include, but not be limited to, the prohibition of smoking or vaporizing cannabis in public spaces such as parks, sidewalks, and other areas where smoking is prohibited, in accordance with the Rhode Island Cannabis Act, the Public Health and Workplace Safety Act, and all applicable city ordinances.
6. In addition to the notice requirements in Sections 1801 and 1901, the applicant shall simultaneously submit notice to the City Clerk of the special use permit application, and the City Clerk shall send such notice to the council person of the ward in which the facility is proposed.