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City of Providence
City of Providence Zoning Ordinance
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§ 1907

D-1 DISTRICT FORMAL AND ADMINISTRATIVE DEVELOPMENT PLAN REVIEW

1907 D-1 DISTRICT FORMAL AND ADMINISTRATIVE DEVELOPMENT PLAN REVIEW

  • A. Purpose The purpose of the D-1 District is to encourage and direct development in the downtown to ensure that: new development is compatible with the existing historic building fabric and the historic character of downtown; historic structures are preserved and design alterations of existing buildings are in keeping with historic character; development encourages day and night time activities that relate to the pedestrian and promote the arts, entertainment and housing; greenways and open spaces are incorporated into the downtown; and the goals of the Comprehensive Plan are achieved. The design of the exterior of all buildings, open spaces and all exterior physical improvements in the D-1 District are approved through development plan review in accordance with the provisions of this section.

  • B. Authority The Downtown Design Review Committee, acting as a technical review committee or the administrative officer are the permitting authorities that approve a development plan review application.

  • C. Applicability

    1. The Downtown Design Review Committee, through formal development plan review, is authorized to regulate public and private land in the D-1 District including the following: a. New construction of buildings or appurtenances in the DD Overlay District.

    • b. Major alterations and additions to existing buildings or appurtenances in the DD Overlay District.

    • c. Demolition and removal of buildings or appurtenances.

    • d. Moving of structures.

    • e. The Downtown Design Review Committee may waive design regulations as authorized by Article 6 in conjunction with projects under its review.

  • 2. The administrative officer, through administrative development plan review, is authorized to regulate public and private land in the D-1 District including the following: a. New construction of buildings or appurtenances outside of the DD Overlay District.

    • b. Major alterations and additions to existing buildings or appurtenances outside of the DD Overlay District.

    • c. Minor alterations to existing buildings or appurtenances, including repairs, replacement and restoration of the exterior.

    • d. Site improvements.

    • e. Public art.

    • f. The administrative officer may waive design regulations as authorized by Article 6 in conjunction with projects under its review.

  • 3. This section does not apply to improvements to properties located in the I-195 Redevelopment District, a Historic District, or the Industrial and Commercial Buildings District.

  • 4. Prior to any review required by this section being conducted, any project on property owned by a health care institution or university or college educational facility shall have first been approved as part of an institutional master plan and, if necessary, shall have received a special use permit.

  • 5. No Downtown Design Review Committee or administrative officer approval is necessary for the following: a. The painting of previously painted surfaces.

    • b. The installation of traffic signs.

    • c. Street improvements such as plant material, street paving, curbing, drainage.

    • D. Procedure

      1. The procedures for City Plan Commission formal development plan review are set forth in the development review regulations adopted by the City Plan Commission.

    • E. Waivers

      1. Downtown District Waivers Generally a. Where specifically authorized by the D-1 District, and in accordance with all requirements herein, the Downtown Design Review Committee and administrative officer may grant waivers that carry out the purpose of the D-1 District and are in harmony with the general purposes and intent of these regulations. In granting a waiver, the review body may impose such conditions deemed necessary to carry out the purpose of the D-1 District.

      • b. Whenever an application for formal development plan review requests a waiver to the regulations of this Section, a public hearing is required in accordance with the development review regulations adopted by the City Plan Commission.

  • 2. Downtown District Demolition Waivers

    a. Purpose In order to preserve the urban fabric of the D-1 District, no building may be demolished, in whole or in part, until the Downtown Design Review Committee has granted a waiver to demolish the building and has approved plans for new construction. The review process for demolition waivers is contained in the development review regulations adopted by the City Plan Commission.

    • b. Emergency Demolition Should the Director of the Department of Inspection and Standards determine that a structure is unsafe or hazardous and an imminent hazard to public safety for a reason such as being in danger of imminent collapse from damage caused by human action or an act of God, a committee consisting of the Director of the Department of Inspection and Standards, Fire Marshal, Planning Director, a structural engineer to be hired under City auspices, and the Chair of the Downtown Design Review Committee, or their designees, shall convene immediately to evaluate whether the structure should be demolished. The committee shall evaluate all pertinent information including, but not limited to, the structural condition of the structure, the historic value of the structure, and the danger to the public. The Director may order partial or full demolition based on the consensus of the committee. If the Director of the Department of Inspection and Standards, in consultation with on-site life safety officials, determines that the structure is in danger of imminent collapse or is an immediate danger to public safety and there is no time to convene the aforementioned committee, he/she may order the structure demolished immediately. The Director of the Department of Inspection and Standards shall issue a report to the Downtown Design Review Committee stating the reasons for the order. When a principal-use parking structure, which is the sole use of a property, is deemed unsafe by the Director of the Department of Inspection and Standards, or his/her designee, and ordered demolished during the Covid-19 pandemic and then-pending Executive Emergency Orders, i.e. from March 8, 2020 through October 2, 2021, the footprint of the principal-use parking structure may be used as a principal-use parking lot. Said parking lot shall be considered a nonconforming use and shall comply with all regulations of this ordinance for such parking lots, including, but not limited to, landscaping, striping, and groundwater drainage.

    • F. Development Incentives

      1. The Downtown Design Review Committee is authorized to grant development incentives in the form of height bonuses in accordance with the provisions of the D-1 District. The review process for development incentives is contained in the development review regulations adopted by the City Plan Commission