Supplementary accessory use requirements
The following regulations are required in addition to the schedule of use regulations table in article 3:
503.1. Accessory structures.
No accessory structure shall be located in any required front yard, except flagpoles, signs, and structures (not to exceed five hundred (500) square feet in area nor exceed ten (10) feet in height) related to public safety, transportation or utilities.
503.2. Accessory apartments.
A. One (1) accessory apartment shall be permitted within, or as an accessory structure on the same lot as, a principal residence provided that it meets all of the requirements as set forth herein.
B. An accessory apartment serviced by a public sewer system may be established in any zoning district in which residential dwelling units are allowed, provided that:
1. An accessory apartment that is part of the principal dwelling shall comply with the dimensional regulations for a principal use contained in article 4, Schedule of Dimensional Regulations, of this ordinance. An accessory apartment that is separate from the principal dwelling shall comply with the dimensional regulations for a detached accessory structure contained in article 4, Schedule of Dimensional Regulations, of this ordinance; and
2. Where two-household dwellings or multi-household dwellings are permitted, an accessory apartment may not be established unless it replaces an allowed dwelling unit. For example, if the use and dimensional regulations would allow only three (3) dwellings units, a lot may contain two (2) dwellings and an accessory apartment, but not three (3) dwelling units and an accessory apartment; and
3. The taking of boarders or the renting of rooms by a resident family is prohibited in both the principal residence and the accessory apartment. No rooming or boarding house shall be permitted to have an accessory apartment.
C. An accessory apartment which is not serviced by a public sewer system may be established in R200 zones by special use permit only. In so doing, it is the intent of this ordinance to provide increased protection to the underground aquifers that are the source of the community's drinking water. In passing on such a special use permit, the zoning board of review shall consider, in addition to the conditions contained in section 907 of this ordinance, the location of the individual sewage disposal system (ISDS) that services the accessory apartment in relation to the nearest "fresh water wetlands," as defined herein.
All of the following conditions shall attach to every special use permit granted for an accessory apartment serviced by an ISDS in an R200 Zone:
1. An existing ISDS that services the accessory apartment shall be upgraded to meet current Department of Environmental Management regulations.
2. The ISDS shall be pumped every two (2) years, with proof of pumping to be submitted to the building official.
3. The accessory apartment shall be equipped with low water consumption plumbing fixtures.
4. No garbage disposal or washing machine shall be installed in the accessory apartment.
D. Notwithstanding anything herein to the contrary, including subsection C., above, no accessory apartment which is not serviced by a public sewer system shall be established in the following areas:
1. Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "Rhode Island's Salt Pond Region: A Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated November 27, 1984, including the September 1993 addenda and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District; and
2. Those areas classified as "Lands Developed Beyond Carrying Capacity" in the document entitled "The Narrow River Special Area Management Plan," prepared by the Rhode Island Coastal Resources Management Council, dated December 8, 1986, and subsequent amendments thereto as shown on the zoning map as Carrying Capacity Overlay District.
E. All accessory apartments shall meet the following design and performance criteria:
1. The accessory apartment is designed and constructed in such a way as to maintain the appearance of the use of the lot as a single-household residence.
2. The accessory apartment shall contain no more than seven hundred fifty (750) square feet. Said square footage shall be calculated using the exterior measurements of the structure including any covered porch areas but excluding stairs providing access to the accessory apartment. Where special circumstances exist that are peculiar to the site in question, relief from this requirement shall be available by special use permit provided that the conditions in section 907 of this ordinance are satisfied.
3. The accessory apartment is in the same ownership as the principal residence.
4. Either the principal residence or the accessory apartment is occupied by the owner for at least six (6) months of the year.
5. Before a certificate of occupancy for the accessory apartment may be issued, the property owner shall record a deed restriction in the South Kingstown Land Evidence Records that acknowledges and covenants that the accessory apartment is subject to the requirements and restrictions of this ordinance and that such restrictions run with the property.
F. A property owner who proposes to use an existing individual sewage disposal system (ISDS) to serve an existing or proposed accessory apartment must obtain an ISDS change of use approval from the Rhode Island Department of Environmental Management in order to obtain a certificate of use and occupancy.
G. An accessory apartment as defined herein is not the same as an "accessory family dwelling unit," as defined in the General Laws of Rhode Island and article 12 of this ordinance. Accessory apartments are meant to serve many of same purposes as accessory family dwellings units, as well as the additional purpose of providing affordable housing opportunities. Accessory family dwelling units are not permitted in any zoning district.
H. Where an accessory apartment is proposed within a Flexible Design Residential Development (FDRP), the accessory apartment shall not count in the computation of dwelling units therein. Accessory apartments located in a FDRP shall be subject to the provisions of this section.
503.3. Swimming pools.
No private swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet, and less than three (3) feet deep, or with an area of less than one hundred (100) square feet shall be allowed in any district, except as an accessory use, and if it complies with the following conditions and requirements:
A. The pool is intended and is to be used principally for the enjoyment of the occupants of the property on which it is located.
B. It may not be located closer than ten (10) feet from any property line.
C. The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by persons from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet nor more than six (6) feet in height, shall be maintained in good condition with a gate and lock, and must prohibit the passage of any object exceeding four (4) inches in diameter.
503.4. Storage of farm vehicles and equipment.
The storage of farm vehicles and equipment is permitted as an accessory use to a permitted agricultural activity in all zoning districts. The storage of landscaping and lawn maintenance equipment, including the outdoor storage of vehicles, is permitted as an accessory use to the operation of a horticultural nursery regardless of whether said equipment is used on the premises or offsite, provided any indoor storage shall occur only in agricultural buildings pre-existing the date of the passage of this ordinance (August 23, 2004). The outdoor storage of farm vehicles such as tractors, etc., and farm equipment, animal feed, hay or manure including landscaping and lawn maintenance equipment, when located on a lot in an R20, R10, RM or Commercial Zoning District, shall be screened by means of a ten-foot wide full landscape screen as provided in the subdivision regulations (landscape requirements) and shall not be located in any minimum required yard. Farm vehicles and equipment and landscaping and lawn maintenance equipment, stored in other zoning districts shall not require such screening.
503.5. Parking or storage of commercial vehicles and boats.
Commercial vehicles or accessory machinery and equipment for such, when parked or stored in any residential district or a CN Zoning District, only as allowed in article 3, shall be parked or stored in a completely enclosed building or in an area screened and/or landscaped by means of a full landscape screen as specified in the subdivision and land development regulations, whether or not said parking or storage area is adjacent to a residential district. However, the area used to store one (1) commercial vehicle of up to one and one-half (1½) tons capacity shall not be required to be so screened or landscaped.
Only one (1) commercial boat may be stored in a residence district on any lot, provided said boat is not in excess of thirty (30) feet in length nor more than fifteen (15) feet in height measured from ground level to the highest point.
503.6. Parking or storage of major recreation equipment in residence district.
In residence districts the parking or storage of major recreation equipment, which includes transient trailers, pick-up campers, coaches, motorized dwellings, tent trailers, boats, boat trailers and similar equipment, but does not include mobile homes, shall be regulated as follows:
A. Only one (1) transient trailer, pick-up camper, coach motorized dwelling, tent trailer, or boat trailer may be parked or stored on any lot in a residence district provided that such equipment be not more than ten (10) feet in height measured from ground level to the highest point.
B. Only one (1) boat not to be in excess of thirty (30) feet in length may be stored in a residence district provided that such equipment be not more than fifteen (15) feet in height measured from ground level to the highest point.
C. No such major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.
D. Such recreation equipment must comply with the requirements of section 401, Accessory Buildings, but in no case may such equipment be located less than ten (10) feet from any side or rear lot line.
E. No major recreation equipment shall be stored out of doors in residence districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so within a six-month period.
503.7 Farm retail sales activity (farm accessory uses).
A. Purpose. The purpose of this subsection is to encourage farming and agricultural operations within the town by permitting, in addition to the principal agricultural activities conducted upon the site, retail sales of certain farm and farm-related products, farm enterprise, farm events and farm structure accessory uses.
B. General. Upon any farm, as defined in article 12, the retail sales activities listed below are permitted by right subject to development plan review pursuant to the subdivision and land development regulations. These retail sales activities shall be permitted in addition to retail sales of farm products normally associated with the operation of a farm, and raised or produced on the premises. Where special circumstances exist that are particular to the site in question, relief from any requirement of this subsection 503.7 shall be available only by special use permit provided that the conditions in article 9 of this ordinance are met.
1. Sale of vegetative products not raised on the premises (see subsection C., below);
2. Sale of manure produced on the premises only;
3. Sale of mulch composed of vegetative origin, such as bark mulch. For a farm (large) a maximum (total) of five hundred (500) cubic yards of all types of mulch (including top soil/loam and compost) may be stored on the premises at any one time. For a farm (intermediate) a maximum (total) of three hundred (300) cubic yards of all types of mulch may be stored on the premises at any one time. For a farm (small) the maximum total storage of all mulch varieties is one hundred fifty (150) cubic yards. Sale of mulch composed of earth products such as stone, sand or gravel shall be prohibited. The farm operator shall indicate the location and extent of the mulch storage areas on the site plan submitted for the property during development plan review. Such storage shall not be located within any required setback from property lines and the planning board shall have the ability to require that such areas be screened from abutting residential properties and/or public rights-of-way.
4. Retail sales of farm-related products as defined in article 12.
5. Sale of timber or other wood products from raw material grown on the site. The processing of wood, including cutting, sawing, stacking and drying shall be allowed for raw material grown on the site and specifically excluding trees brought in from off the site.
Retail sales of products on a farm as permitted by this ordinance may take place (1) outdoors anywhere upon the lot constituting the premises of the farm; or (2) within a farm retail sales building (see subsection D., below) located on the premises of the farm; or (3) at a farmstand (see subsection E., below) or (4) farm structures used for farm enterprise activities or uses (see subsection F., below).
C. Sale of vegetative products not raised on the farm premises. Upon any farm, as defined in article 12, the sale of vegetative farm products not raised on the premises shall be permitted, in addition to sale of any farm products raised or produced upon the farm premises itself. The purpose of this provision is to permit vegetative farm products grown, produced or raised off premises to be sold upon any farm anywhere in the town. Sale of such imported vegetative products, if conducted out of doors, shall not be limited in terms of area, location or extent. Such products may also be sold within a farm retail sales building or farmstand, as defined herein.
As used in this subsection, the term vegetative products shall mean any farm product of horticultural origin, including, but not necessarily limited to fruits, vegetables, live trees, Christmas trees, shrubs, firewood, sod, hay, and flowers, but excluding products of animal origin such as livestock, poultry, eggs, milk, cheese, fish or other seafood, bees, or the like. This prohibition shall not apply to locally produced products or goods certified as locally grown by RIDEM, division of agriculture. Also excluded from this definition are forest products including lumber, logs or similar building materials.
D. Farm retail sales building. A farm retail sales building is a single building or group of buildings located upon a farm, the principal use of which is the sale of farm or farm-related products at retail to the general public.
Retail sales may be conducted upon a farm (1) within a principal dwelling; or (2) within a barn, storage shed or similar accessory farm building; or (3) within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed 1,200 square feet per farm (small). Definition "farm, intermediate" may be permitted a farm retail sales building not to exceed 2,000 square feet. Definition "farm, large" may, subject to the issuance of a special use permit by the zoning board of review, be permitted a farm retail sales building greater than two thousand (2,000) square feet but not exceeding five thousand (5,000) square feet in floor area devoted to retail use.
A barn or garage shall not be considered to be a farm retail sales building if no retail sales are conducted anywhere within the building and if such buildings are not open to the public. Greenhouses used for the growing and holding of plants from seed, bulbs, roots and cuttings to a salable product may be open and accessible to the public for viewing, selecting and bringing plants to the farm retail sales building to complete the sale of the selected plants.
Within any such farm retail sales building, storage areas not open to the public shall not be counted toward the maximum floor area per farm, provided that all such areas shall be clearly identified and marked as such. If any portion of a farm retail building is open to and accessible by the public (excluding greenhouses) it shall be counted toward the maximum area permitted per type of farm.
In addition to the sales listed in subsections B. and C., above, the following types of retail sales of food and farm-related products are permitted within a farm retail sales building (indoor sales only):
1. Sale of food. Sale of food or food products within a farm retail sales building is permitted as follows:
(a) Prepared food items such as baked goods, canned goods, preserves, herbs and the like may be sold, provided all food preparation and cooking is conducted upon the farm and within a kitchen licensed by the state.
(b) Fresh or frozen meats, prepared or smoked meats, poultry or other perishable foods raised or produced on the farm premises may be sold, but the sale of freshly cooked meats or poultry is specifically prohibited. Slaughterhouses are also prohibited.
(c) All food shall be prepared and packaged upon the farm premises.
(d) Prepared food items sold to the public may be consumed by the public on the premises, however no seating areas for food consumption may be provided.
2. Sale of farm-related products. All such products, as defined in article 12, may be sold indoors only within a farm retail sales building, provided that the floor area devoted to such sales does not exceed twenty-five (25) percent of the total floor area of the farm retail sales building(s).
E. Farmstand. A farmstand is a rustic, freestanding structure or vehicle used only for the seasonal sale of farm products as permitted by this ordinance. Farmstands may be structures or may be motor vehicles, wagons or trailers.
Farmstand structures, other than motor vehicles, shall not exceed three hundred (300) square feet in total floor area and fifteen (15) feet in height. Farmstands may provide self-service customer access to goods for sale within the farmstand structure subject to compliance with applicable life safety codes. Yard setbacks shall be regulated by the appropriate dimensional regulations for accessory structures as provided in section 401.
The floor area devoted to a farmstand shall be considered to be in addition to any floor area permitted for a farm retail sales building in subsection D., above.
Electricity may be provided to any farmstand structure. Motorized vehicles may be provided with batteries as required for normal operation of a motor vehicle, but any electric service under this subsection shall not be used for signs, or outdoor lighting.
F. Farm enterprise uses. Subject to development plan review approval farm structures and grounds may be utilized for farm enterprise uses (parking must be provided in accord with the requirements of article 7, see also definition "farm enterprise"). Such uses shall not be counted toward the allowable square footage in a farm retail sales building.
G. Farm events. Subject to development plan review (DPR) approval, for each category of event, farm structures and grounds may be used to host farm events as an accessory use to the principal use of the premises for agricultural purposes. Parking must be provided in accordance with the requirements of article 7 (see also definition "farm events"). Such uses shall comply with all applicable state or local licensing requirements and shall not be counted toward the allowable square footage in a farm retail sales building. Prior to DPR consideration of any proposed farm event use or uses, the application shall be reviewed by the town's traffic and transportation review committee (T 2 RC). The T 2 RC shall provide advisory recommendations to the planning board to assist its formal review. The applicant shall provide postcard notice to property owners within two hundred (200) feet of the area that is proposed for the activity and parking facility to support the farm events. Said notice shall be mailed not less than seven (7) days prior to the planning board's development plan review consideration.
H. Location. Farmstands and farm retail sales buildings are permitted only upon the premises of a farm owned or leased by the licensee pursuant to subsection K. below.
I. Signs. One (1) freestanding or wall-mounted sign each shall be permitted in any zoning district to identify a farm retail sales building or a farmstand, up to a maximum of two (2) signs per farm. The maximum area of each sign shall be twelve (12) square feet (per side, if freestanding).
J. Off-street parking and loading. Off-street parking for farm retail sales buildings and farmstands shall be one (1) space per one hundred (100) square feet floor area devoted to retail sales, with a minimum of five (5) spaces provided. All such parking areas shall be set back at least ten (10) feet from the paved portion of the street and shall be physically restricted or channeled on the lot to define a readily recognizable driveway between the highway and the parking area, and to prevent parking directly along highway shoulders. Parking areas for farm retail sales buildings and farmstands do not need to be paved.
There are no minimum off-street loading requirements for farm retail sales buildings or farmstands.
K. Farm sales license required. All farm retail sales activities shall be required to obtain an annual farm sales license from the town. As a prerequisite for issuance of an annual farm sales license, licensees shall be required to furnish proof of the following:
1. That the licensee is a "farmer," as defined in article 12; and
2. That the premises proposed for use for farm retail sales activity qualifies as a "farm," as defined in article 12; and
3. That the licensee is the owner or lessee of the farm premises proposed to be used for the farm retail sales activity; and
4. That all necessary zoning approvals and any other necessary permits have been received.
No more than one (1) license shall be issued annually for retail sales activity upon any single farm as herein defined. Provided, however, that an individual farmer may be issued any number of annual permits for each separate farm he/she owns or leases.
503.8. Customary home occupation.
A. One (1) customary home occupation shall be permitted within a principal residence, or as an accessory structure on the same lot as a principal residence, provided that it meets all of the requirements as set forth herein.
B. The customary home occupation shall be:
1. Conducted as an accessory use in the resident's dwelling unit or accessory structure;
2. Carried on by a member of the family residing in the dwelling unit on the same lot;
3. Clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
4. Performed by the resident and no more than one (1) person not a resident member of the family shall be employed in the home occupation.
C. The customary home occupation shall meet all of the following performance standards.
1. The home occupation shall use no more than three hundred (300) square feet of floor area.
2. There shall be no exterior display, no exterior sign (except as permitted under article 8), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building; and such activity shall not be visible from a lot line.
3. No vibration, smoke, dust, odors, heat or glare or offensive noise shall be produced.
4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
5. Any parking required for the conduct of such home occupation shall be provided off the street and not in a required front yard.
6. There shall be no direct retail sale of goods from the site of the home occupation.
503.9. Accessory solar energy systems.
A. Accessory solar energy systems, defined as any solar energy system that is incidental and subordinate to the principal use(s) of the parcel or development and is either (1) entirely roof-mounted or (2) generates no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel, shall be permitted in the zones indicated in section 301.
B. Accessory solar energy systems in the OS and Special Flood Hazard Area Overlay zones shall be roof-mounted only.
C. New or expanded accessory ground-mounted solar energy systems greater than one thousand seven hundred fifty (1,750) square feet in size, inclusive of inter-row and panel/collector spacing, shall be subject to development plan review. The development plan review of new or expanded ground-mounted accessory solar energy systems of forty thousand (40,000) square feet or more in size, inclusive of inter-row and panel/collector spacing, shall include a public hearing, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regulations. Roof-mounted solar energy systems proposed on new structures or on additions to existing structures shall be reviewed according to the review procedure established by this ordinance for the structure or addition. Development plan review shall be conducted pursuant to the provisions of section 505.1, and the town subdivision and land development regulations. The review procedure for accessory solar energy systems is summarized in the following table:
ACCESSORY SOLAR ENERGY SYSTEMS
| SIZE/TYPE | REVIEW PROCEDURE |
| Roof-mounted on an existing structure, all sizes | Building Permit only |
| Roof-mounted on a proposed structure, all sizes | The review procedure required for the new structure (building permit, DPR, LDP, as applicable) |
| Ground-mounted, 1—1,750 sq. ft. | Building Permit only |
| Ground-mounted, 1,751—39,999 sq. ft. | Development Plan Review |
| Ground-mounted, = or > 40,000 sq. ft. | Development Plan Review with Public Hearing by the Planning Board |
D. Ground-mounted accessory solar energy systems shall be sized to generate no more energy than one hundred twenty-five (125) percent of the energy that is necessary to support the principal use(s) of the parcel. Ground-mounted solar energy systems that generate more energy than stated above shall be classified as major or minor solar energy systems, based on the size of the system, and shall be governed by the requirements of section 510.
E. At the time of application for a building permit or development plan review, as is applicable pursuant to this section, the applicant must demonstrate that the ground-mounted accessory solar energy system has been designed to produce no more than one hundred twenty-five (125) percent of the energy that is necessary to support the other uses occupying the parcel. On parcels with existing principal use(s), the applicant shall provide the energy consumption documentation for the use(s) for the previous three-year period. For new single-family and duplex residential dwellings proposing accessory solar arrays, the applicant shall provide an estimate of electrical usage based on data received from the utility company. For all other new principal use(s), the applicant shall provide an estimate of electrical usage for the use(s), prepared and certified by an electrical engineer.
F. Accessory solar energy systems shall not be constructed, installed, or modified as provided in this section before a building permit is obtained.
G. Ground-mounted accessory solar energy systems shall meet the applicable dimensional and site design requirements of section 401 and section 510.5, unless an alternative requirement is contained within this section.
H. Accessory ground-mounted solar energy systems in residential zones shall require twice the accessory structure setbacks required by section 401 for the zoning district in which they are located. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.
I. In residential zones, electrical lines and connections from the principal dwelling to the accessory ground-mounted solar energy system shall be installed underground.
J. Roof-mounted solar energy systems shall not exceed the height requirements prescribed by the zoning district in which they are located.
K. On flat roofs, accessory solar energy systems shall be set back from the edge and/or behind architectural features to be minimally visible. Panels and devices may be set at a pitch and elevated, if not visible from public streets. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline.
503.10. Temporary storage containers on residential properties.
A. The permanent use of storage containers on a property with a residential use, as identified in section 301, table of uses, use codes 10 through 16.2, is prohibited. A temporary storage container on such properties is only allowed in accordance with this section. A "storage container" as used in this section, means a prefabricated relocatable steel building, box trailer or shipping or cargo container.
B. One (1) storage container shall be permitted as of right on a residential property, as referenced in subsection A, for a single period of no longer than sixty (60) days as a temporary use by the property owner. During that sixty-day period, a property owner may apply to the zoning board for a special use permit to maintain the storage container for an extended period of time, in accordance with section 504.16.
C. Storage containers shall comply with setbacks for accessory structures.
D. Notwithstanding the foregoing, a storage container placed on property in connection with a valid building permit shall not be subject to the requirements of this section so long as the building permit remains valid.
503.11. Temporary use of dumpsters on residential properties.
A. The permanent use of a dumpster on a property with a single-family or two-family use falling under use codes 10, 11, 12.4, and 12.5 in section 301, table of uses, is prohibited. A temporary dumpster on such properties is only allowed in accordance with this section.
B. Any person, corporation, partnership or any other entity requiring the use of a temporary dumpster shall, prior to placing a dumpster on public or private property for any period of time, obtain a dumpster permit from the building official. Said permit shall specify the size of the dumpster, location and the name and phone number of the dumpster company and the length of time that said dumpster may be used on the said public/private property. A dumpster permit issued under this section that is obtained in connection with a building permit is valid for one hundred eighty (180) days from the date of issuance. All other dumpster permits issued under this section are valid for thirty (30) days from date of issuance. Each permit is renewable once. After a renewal permit has expired, a ninety-day waiting period is required before another dumpster permit can be issued.
C. Minimum standards. Any dumpster used pursuant to a permit issued under this section shall meet the following standards:
1. The dumpster shall be painted so as to be reasonably resistant to rust and corrosion.
2. The name and telephone number of the dumpster owner shall be clearly painted on at least two (2) sides, except when opened for deposit or servicing.
3. Dumpsters less than twenty (20) cubic yards in size shall be capable of being closed on all sides, except when open for deposit and servicing.
4. Dumpsters greater than (20) cubic yards in size shall be capable of being secured so as to prevent the spillage or overflow of material from the container.
5. Dumpsters shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.
6. Dumpster placement must meet accessory structure setbacks for the zoning district where the property is located.
7. Dumpsters shall be maintained with a frequency sufficient to prevent spillage or overflow, to prevent the buildup of offensive odors, and to prevent a public hazard. The responsibility for the maintenance and servicing of dumpsters shall rest with the property owner. The maintenance of dumpsters shall include the cleanup and removal of all litter thrown or left on the dumpster premises to prevent litter from drifting or blowing on to adjacent premises.
8. Dumpsters shall only be used for construction and/or household or commercial debris. Decomposable matter shall not be disposed of in these dumpsters.
503.12. Dumpsters generally.
A. The use of dumpsters on any property not covered by section 503.11 shall require administrative review by the building official for compliance with the following standards:
1. The dumpster shall be screened on all sides by either shrubs or an opaque fence/gate.
2. The dumpster shall be capable of being covered and secured.
3. The dumpster shall not be placed in a manner that occupies required off-street parking or impedes traffic flow.
4. The dumpster shall not be placed in the front yard and shall be set back twenty (20) feet from any residential property and ten (10) feet from all other properties.
5. The dumpster shall be serviced only during the hours of 7:30 a.m. and 6:00 p.m. on weekdays, 7:30 a.m. and 4:00 p.m. on Saturdays, and service shall be prohibited on Sundays and legal holidays.
B. When the proposed use of a property receiving review by the planning board will require a dumpster, the dumpster shall be depicted on the plan(s) presented to the board. In addition to the requirements imposed by subsection A, the planning board may impose any additional requirements it deems necessary to mitigate the impact of the dumpster.
(Ord. of 7-23-01; Ord. of 7-28-03; Ord. of 8-23-04; Ord. of 11-28-05(2); Ord. of 11-13-06; Ord. of 4-8-13; Ord. of 6-12-17; Ord. of 10-15-19(1); Ord. of 10-15-19(2))