Town of Westerly Zoning Ordinance

This chapter shall be known as the "Westerly Rhode Island Zoning Ordinance of 1998" (hereafter the "Zoning Ordinance" or "this chapter"), as amended.

• A. Power to adopt. The Town Council shall have the power to adopt this Zoning Ordinance in accordance with the Rhode Island Zoning Enabling Act of 1991 (hereafter the "Zoning Act").
• B. Conformance with Zoning Act. This chapter and any amendments thereto shall be in conformance with the provisions of the Zoning Act.
• C. Consistency with Comprehensive Plan. It is intended that the provisions of this Zoning Ordinance, as adopted, shall be consistent with the current Town of Westerly Comprehensive Plan, developed pursuant to the Comprehensive Planning and Land Use Regulation Act (hereafter the "Comprehensive Plan"); all amendments to this chapter shall be consistent with the Comprehensive Plan as further amended.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• D. Periodic review. At least every five years, the Planning Board shall review this chapter and make recommendations for its revision.

This chapter shall take effect on October 16, 1998, any subsequent amendment to this chapter shall take effect upon the day following its passage by the Town Council.

• A. Supersession. Any amendment to the Zoning Act subsequent to the adoption of this chapter shall supersede any provision of this chapter controlled thereby. The Town Council shall amend this chapter within nine months of any amendment to the Zoning Act. All provisions of Zoning Ordinances adopted prior to the enactment date of this chapter are null and void except as they are applicable to land uses and structures governed by Article VII, Procedures (§ 260-31, Vested Rights, and § 260-32, Nonconformance).
• B. Other laws. Nothing in this chapter shall be construed to limit the authority of agencies of state or federal government to perform any regulatory responsibilities.

This Zoning Ordinance is designed to implement the Comprehensive Plan and to serve the following purposes, which are intended to be given equal weight and are numbered for reference only:

• A. Promoting the public health, safety, and general welfare.
• B. Providing for a range of uses and intensities of uses appropriate to the character of Westerly and reflecting current and expected future needs.
• C. Providing for orderly growth and development which recognizes:
  • (1) The goals and patterns of land use contained in the Comprehensive Plan;
  • (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
  • (3) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;
  • (4) The values of unique or valuable natural resources and features;
  • (5) The availability and capacity of existing and planned public and/or private services and facilities;
  • (6) The need to shape and balance urban and rural development; and
  • (7) The use of innovative development regulations and techniques.
• D. Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
• E. Providing for the protection of the natural, historic, cultural, and scenic character of Westerly or specific areas therein.
• F. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.
• G. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.
• H. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing; providing opportunities for the establishment of low- and moderate-income housing.
• I. Promoting safety from fire, flood, and other natural or man-made disasters.
• J. Promoting a high level of design quality in the development of private and public facilities.
• K. Promoting implementation of the Comprehensive Plan.
• L. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on other municipalities.
• M. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
• N. Providing procedures for the administration of this Zoning Ordinance, including, but not limited to, modifications, variances, development plan review.
• O. Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, RIGL 34-37; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, RIGL 42-87; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

  [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• A. Application of ordinance. No building or land shall be used, and no building shall be erected or structurally altered, except in conformance with the provisions of this Zoning Ordinance.
• B. Permits and certificates. No Town official shall issue any permit or certificate for the construction or alteration of a structure or for the use or occupancy of any structure or lot unless the construction and/or use are in conformance with this Zoning Ordinance.
• C. Fees. Application fees for all applications subject to this Zoning Ordinance shall be established by the Town Council and published by the Town Clerk. Application fees shall not exceed the actual cost for the review and disposition of the application, notice procedures, recording of decisions, and issuance of certificates or permits.

In the case of uncertainty in the construction or application of any provision of this chapter, such provision shall be construed to be consistent with and not contrary to the goals and policies of applicable provisions of the Comprehensive Plan.

This Zoning Ordinance consists of the text, as set forth herein and as it may be amended, of all the provisions contained in Article I through Article XII and of any provisions or articles added by amendment, together with all charts, graphs, and other explanatory material herein contained or added by amendment, and the Town of Westerly Official Zoning Map (herein the "Zoning Map") together with any explanatory matter shown thereon.

• A. Where words or phrases used in these regulations are defined in either the Zoning Enabling Act of 1991 or the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988 or the Town of Westerly Zoning Ordinance, they shall have the meaning stated therein.
• B. For the purposes of these regulations, the following terms shall have the meaning stated herein.

  ABANDONMENT — Some overt act or failure to act which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

  ABUTTER — One whose property abuts, that is, adjoins at a border, boundary or point with no intervening land.

  ABUTTING LOT — Two or more lots of record which have one or more common boundary.

  ACCESSORY FAMILY DWELLING UNIT — A subordinate dwelling unit to an owner-occupied single-family dwelling, which is occupied by 1) a family member with disabilities, 2) family members who are 62 years of age or older, 3) other family members, or 4) a caregiver of the occupant or occupants of the primary dwelling. An accessory dwelling unit shall be within, or attached to, the primary dwelling-unit structure and designed so that the appearance of the principal structure remains as a single-family dwelling unit. No more than one accessory dwelling unit shall be permitted on a lot. This use shall comply with the requirements in R.I.G.L. § 45-24-37(e).

  [Added 10-26-2020 by Ch. No. 1997]

  ADULT ENTERTAINMENT BUSINESS — An adult entertainment business is:

  [Added 4-9-2007 by Ch. No. 1598]

  • (1) Any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude, nudity meaning the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or showing of the covered male genitals in a discernibly turgid state; or
  • (2) Any commercial establishment or business that displays actual or simulated acts of sexual activity by clothed or nude individuals, either live or on film, videotape or by electronic means, intended to provide sexual stimulation or sexual gratification; or
  • (3) Any commercial establishment whose major business is the sale of books, magazines, or other printed material, or movies, films, DVDs, other video reproductions, or novelty items intended to provide sexual stimulation or sexual gratification.

  AGGRIEVED PARTY — For purposes of this chapter:

  • (1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any official or agency responsible for administering this chapter; or

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) Anyone requiring notice pursuant to pertinent provisions of this chapter.

  AGRICULTURAL LAND — Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.

  APPLICANT — An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

  APPLICATION — The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by this chapter or the Zoning Official, Planning Board, Zoning Board of Review, or Town Council for development plan review, approval, or permitting purposes.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  AQUIFER — A geologic formation capable of yielding significant amounts of water.

  AQUIFER AREAS — The groundwater reservoirs and portions of the surrounding stratified drift.

  ARTIST STUDIO - ARTISAN MANUFACTURING — "Artisan manufacturing" means the shared or individual use of hand tools, mechanical tools and electronic tools for the manufacture of finished products or parts, including design, processing, fabrication, assembly, treatment and packaging of products, as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to, electronic goods, food and bakery products; alcoholic beverages; nonalcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing. Artist taught classes offered to the public are permitted within the studio. For purposes of this definition, the usable space for fabrication shall not exceed 1,500 square feet.

  [Added 10-26-2020 by Ch. No. 1997]

  ART STUDIO - GENERAL — A studio for artist activities, such as painting, sculpture, photography, or video art, with little to no outside impacts.

  [Added 10-26-2020 by Ch. No. 1997]

  ART STUDIO - COMMERCIAL — A commercial establishment where an art, type of exercise, or activity is taught, practiced, or studied, such as dance, martial arts, photography, music, painting, gymnastics, or yoga. An art studio - commercial may have performance space related to the classes taught on site. For purposes of this definition, the usable space of the facility shall not exceed 3,500 square feet.

  [Added 10-26-2020 by Ch. No. 1997]

  ASSISTED LIVING — A complex including common area for dining and other services and rooms and suites of rooms providing individual bathroom facilities with limited cooking facilities consisting of a microwave and stove top occupied by individuals age 55 or older or who are disabled.

  [Amended 5-15-2000 by Ch. No. 1300; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  BED-AND-BREAKFAST — See § 260-54.

  BUFFER — Land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

  BUILDING — Any structure used or intended for supporting or sheltering any use or occupancy.

  BUILDING ENVELOPE — The three-dimensional space within which a structure is permitted to be built on a lot, and which is defined by regulations governing building setbacks, maximum height, and bulk.

  [Added 10-26-2020 by Ch. No. 1997]

  BUILDING HEIGHT — See § 260-20, Standard dimensional regulations.

  [Amended 3-9-2015 by Ch. No. 1833; 3-25-2019 by Ch. No. 1953; 10-26-2020 by Ch. No. 1997]

  BUILDING LINE — A line generally parallel to the street line and extending between side lot lines, and running along the front of the principal building closest to the street as it is actually located on the lot.

  BUILDING LOT, RESIDENTIAL CLUSTER — A lot which is occupied or designated for occupancy by a residential structure and its accessory structure in a residential cluster development.

  BUILDING SETBACK LINE OR LINES — A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

  CAPACITY OF LAND — The suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space or recreation. Land capacity may be modified by provision of facilities and services.

  CAREGIVER — As used in the context of an accessory family dwelling unit, this term refers to a person who provides a broad range of assistance for an older adult or an adult or child with chronic or disabling conditions. As way of explanation, this term includes a "caregiver" as defined by R.I.G.L. § 23-17.27-1(2) and "family caregiver" as defined by R.I.G.L. § 40-8.11-2(b).

  [Added 10-26-2020 by Ch. No. 1997]

  CEMETERY — A place where the dead are buried. For purposes of this chapter a cemetery must have a minimum of 20 acres.

  CHILD-CARE CENTER — Any day-care center which provides day time child care for more than six children and is not located in the home of the day care provider.

  CLUB — A corporation subject to the provisions of RIGL 7-6, owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.

  CLUSTER DEVELOPMENT — A development planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings are specified in this chapter and include reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions to one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development. (See § 260-46.)

  COMMON OWNERSHIP — Either:

  • (1) Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or
  • (2) Ownership by any association (such ownership may include a municipality) of one or more lots under specific development techniques.

  COMMUNITY RESIDENCE — A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include but not be limited to the following:

  • (1) Whenever six or fewer children or adults with retardation reside in any type of residence in the community, as licensed by the state pursuant to RIGL 40.1-24. All requirements pertaining to local zoning are waived for these community residences;

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to RIGL 40.1-24;

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (3) A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to RIGL 72.1-42;
  • (4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

  COMPREHENSIVE PLAN — The Comprehensive Plan adopted and approved by the Westerly Town Council pursuant to RIGL 45-22.2 and to which any zoning regulation adopted pursuant to this chapter shall be in compliance.

  CONGREGATE HOUSING — A complex including common area for dining and other services and rooms and suites of rooms providing individual bathroom facilities with full kitchen facilities occupied only by individuals age 55 or over or who are disabled.

  [Amended 5-15-2000 by Ch. No. 1300; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  CONSERVATION RESTRICTION — A limitation upon or with respect to the use of land stated in the form of a restriction, easement, covenant or condition, in a deed or other instrument executed by the owner of an area to maintain the land predominantly in its natural or scenic or open condition or in open space and/or open space for use as recreational land. Such conservation restriction shall be governed by and have the attributes set forth in RIGL 34-39-1 et seq.

  DAY-CARE CENTER — Any day care center which is not a family day care home.

  DAY-CARE HOME, FAMILY — Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.

  DENSITY, RESIDENTIAL — The number of households or dwelling units per unit of land.

  DEVELOPMENT — The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

  DEVELOPMENT PLAN REVIEW — he process whereby authorized local officials review the development plans, maps and other documentation of a development to determine compliance with the purposes and standards of this chapter and as further described in § 260-45.

  [Amended 10-26-2020 by Ch. No. 1997]

  DISCHARGE — To groundwater the intentional, negligent, accidental, or other release of any pollutant onto or beneath the land surface, in a location where it is likely to enter the groundwater of the Town.

  DISTRICT — See "zoning use district."

  DRAINAGE SYSTEM — A system for the removal of water from land by drains, grading or other appropriate means, including runoff controls to minimize erosion and sedimentation during and after construction or development, means for preserving surface and groundwaters, and means for prevention and/or alleviation of flooding.

  DRIVE-THROUGH FACILITY — Any building or portion of a building or structure from which business may be transacted directly with customers in motor vehicles.

  DWELLING UNIT — A structure, or portion of a structure, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

  [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

  EARTH REMOVAL — The extraction, quarrying or removal of any soil, loam, sand, gravel, stone, granite, clay, shale or other earth materials from deposits on any tract of land on which it is found, excluding, however, earth removal necessary for the development of a site. (See, for comparison, definition of "extractive industry.")

  EFFLUENT — Liquid that is discharged from a facility.

  EXTRACTIVE INDUSTRY — One that is engaged in the extraction of minerals including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

  FAMILY — A person or persons related by blood, marriage or other legal means or one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

  FLOODPLAINS or FLOOD HAZARD AREA — An area that has a one-percent or greater chance of inundation in any given year, as delineated by federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448). (See also RIGL 45-22.2-4.)

  FLOOR AREA RATIO — The ratio of a building's gross floor area to the area of the lot on which the building is located.

  [Added 11-19-2007 by Ord. No. 1621]

  FREEBOARD — A factor of safety expressed in feet above the base flood elevation (BFE) within a special flood hazard area for purposes of floodplain management. The Town of Westerly has adopted a required minimum freeboard standard in § 260-20.

  [Added 10-21-2013 by Ch. No. 1800; amended 10-26-2020 by Ch. No. 1997]

  GASOLINE SERVICE STATION — Buildings and lots where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail, and where, in addition, only the following services may be rendered: sale and servicing of spark plugs, batteries and distributor parts; tire servicing and repair but not recapping or regrooving; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; radiator cleaning and flushing; washing and polishing, and sale of automotive washing and polishing materials; greasing and lubrication; providing and repairing fuel pumps, oil pumps and lines; minor servicing and repair of carburetors; emergency wiring repair; adjusting and repairing brakes; minor motor adjustments; sales of hot and cold drinks, packaged or prepared foods, tobacco, dairy products, newspapers and similar convenience goods, as accessory and incidental to the principal use; provision of road maps and other informational material to customers; provision of rest-room facilities.

  GROSS FLOOR AREA — The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. Gross floor area does not include basements when at least 1/2 the floor-to-ceiling height is below grade, attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.

  [Added 11-19-2007 by Ord. No. 1621]

  GROUNDWATER — Groundwater and associated terms as defined in RIGL 46-13.1-3.

  HALFWAY HOUSE — A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

  HARDSHIP — See RIGL 45-24-41.

  HAZARDOUS or TOXIC MATERIAL(S) — Any substance or combination of substances which, because of quantity, concentration or physical, chemical, or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health.

  HAZARDOUS WASTE — Hazardous waste as defined in the Rhode Island Department of Environmental Management Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal, 1988, and amendments thereto.

  HISTORIC OR CULTURAL RESOURCE — Any real property, structure, natural object, place, landmark, landscape, archaeological site or configuration or any portion or group of the preceding which has been listed on the federal or state register of historic places or that is considered by the Rhode Island Historical Preservation & Heritage Commission to meet the eligibility criteria for listing on the state register of historic places pursuant to RIGL 42-45-5 or is located in a historic district established by a municipality in accordance with RIGL 45-24.1, Historic Area Zoning.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  HOME OCCUPATION — Any business, occupation or activity for gain undertaken by a legal resident of the property, within a residential structure, that is incidental and secondary to the use of that structure as a dwelling unit, in accordance with § 260-65 of this chapter.

  [Amended 2-28-2011 by Ch. No. 1744]

  HOTEL — A building or group of buildings providing rooms without in-room cooking facilities for transient lodging with at least 75% of the rooms having primary access through a main lobby, except that limited cooking facilities consisting of a range with oven, microwave, dishwasher and refrigerator of no more than 11 cubic feet may be included in units, provided that where such facilities exist, no individual shall occupy the unit as a permanent residence, and in any event shall not occupy the unit for more than 10 consecutive weeks.

  [Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]

  HOUSEHOLD — One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas of facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

  • (1) A family, which may also include servants and employees living with the family; or
  • (2) A person or group, not exceeding three unrelated persons, living together.

  IMPERVIOUS SURFACE — Any material that reduces, impedes or slows infiltration or absorption of stormwater directly into the ground, including building, asphalt, concrete, granite, stone and other surfaces. Impervious surface shall not include graveled driveways, graveled parking or other construction elements or techniques deemed to be pervious based on competent evidence presented to the Zoning Official.

  [Amended 10-26-2020 by Ch. No. 1997]

  INFRASTRUCTURE — Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

  INN — A building accommodating overnight guests, having a dining area with kitchen and food preparation area, having exterior siding such as wood clapboards or shingles, porches, verandas, latticework, and other architectural features in keeping with the residential character of the neighborhood.

  JUNKYARD — The use of any lot, whether inside or outside a building, which is maintained, or operated or used for the storing, keeping, buying or selling of junk, scrap materials, or the dismantling or demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

  KENNEL — See § 260-79.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  LAND — Real property including improvements and fixtures on, above, or below the surface.

  LAND DEVELOPMENT PROJECT — A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including but not limited to planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the Zoning Ordinance and as further described in § 260-45.1.

  [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

  LODGING HOUSE/GUESTHOUSE — See § 260-54.

  LOT — Either:

  • (1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or
  • (2) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

  LOT AREA — The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

  LOT AREA, MINIMUM — The smallest land area established by the local zoning ordinance upon which a use, building or structure may be located in a particular zoning district.

  [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

  LOT, CORNER — A lot at the junction of and fronting on two or more intersecting roads or streets.

  LOT COVERAGE — That a portion of the lot that is or may permissibly be impervious expressed as a percentage of the total lot area.

  LOT DEPTH — The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

  LOT FRONTAGE — That portion of a lot abutting a street.

  LOT LINE — A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

  • (1) FRONT LOT LINE The lot line separating a lot from a street right-of-way.
  • (2) REAR LOT LINE The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
  • (3) SIDE LOT LINE Any lot line other than a front or rear lot line.

  LOT SIZE, MINIMUM — See "minimum lot area."

  [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

  LOT WIDTH — The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

  MARINA — A facility for storing, servicing, fueling, berthing, and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. (See § 260-75.)

  MERE INCONVENIENCE — See RIGL 45-24-1.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  MIXED-USE DEVELOPMENT — The use of any structure or group of structures on single or contiguous multiple lots of record for a combination of residential and nonresidential purposes, pursuant to § 260-64.

  [Added 11-19-2007 by Ord. No. 1621]

  MOBILE HOME — A movable or portable one-family vehicular dwelling unit, constructed to be towed on its own chassis, designed to be used without permanent foundation for temporary or permanent living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or more units separately towable but designed to be joined into one integral unit.

  MOBILE HOME PARK — Lot used for the placement of mobile homes for temporary or permanent use.

  MODIFICATION — A permission granted and administered by the Zoning Official and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements of this Zoning Ordinance to a limited degree as determined by this Zoning Ordinance, but not to exceed 25% of each of the applicable dimensional requirements.

  MOTEL — A building or group of buildings with connected units not having primary access through a main lobby designed as individual living and/or sleeping quarters for hire without in-room cooking facilities, except that limited cooking facilities consisting of a range with oven, microwave, dishwasher and refrigerator of no more than 11 cubic feet may be included in units, provided that where such facilities exist, no individual shall occupy the unit as a permanent residence, and in any event shall not occupy the unit for more than 10 consecutive weeks.

  [Amended 5-15-2000 by Ch. No. 1300; 11-29-2010 by Ch. No. 1734]

  MULTIFAMILY DWELLING — A residential building designed for or occupied by four families or more with the number of families in residence not to exceed the number of dwelling units provided.

  MUNICIPAL WATER FACILITIES — Any structure owned by the Town of Westerly used or intended for the retrieval, treatment, storage and/or distribution of potable and/or drinking water; the sheltering of equipment used for such purposes and the operation of any and all equipment and facilities for such purposes.

  [Added 12-13-2004 by Ch. No. 1520]

  NONCONFORMANCE — A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a Zoning Ordinance and not in conformity with the provisions of such ordinance as amended.

  • (1) Nonconformance shall be of only two types:
    • (a) By use: "Nonconforming by use" means a lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this Zoning Ordinance shall be nonconforming by use; or
    • (b) Nonconforming by dimension: "Nonconforming by dimension" means a building, structure, or parcel of land not in compliance with the dimensional regulations of the Zoning Ordinance.
  • (2) A building or structure containing more dwelling units than are permitted by the use regulations of a Zoning Ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the Zoning Ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

  NONPROFIT ORGANIZATION — A corporation or an unincorporated association of persons formed for religious, charitable, educational or recreational purposes, no part of the net earnings of which inures to the benefit of any shareholder or individual.

  NURSING HOME — A facility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

  OCEANFRONT HISTORIC HOTEL — A hotel located on the oceanfront or an estuarine embayment which has existed as a hotel since at least 1935 and substantially in its current configuration since 1975. To encourage preservation, restoration and/or replication of such hotels, they may be used as limited suite hotels. "Limited suite hotel" means a building or group of buildings with at least 75% of its suites or rooms having access through a principal structure. Suites are limited to a maximum of two bedrooms, a kitchen/dining area, other living area(s) and bathroom(s). Such suites may comprise not more than 2/3 of the total suites and traditional hotel rooms in a limited suite hotel. Such hotels must include publicly accessible elements providing substantial food service, meeting room(s) and beverages. Such hotels may also include accessory facilities such as a fitness center, indoor swimming pool and internally accessible shops. Such hotels are subject to the architectural review provisions of § 260-45F(1).

  [Added 10-12-2004 by Ch. No. 1510; amended 6-13-2005 by Ch. No. 1544]

  OFFICE, GENERAL COMMERCIAL — A commercial establishment in which the principal use is a personal or professional service, and which does not include the sale of commodities at wholesale or retail which is not part of the professional service. Included in the definition of "office" are medical, insurance, finance, law, engineering or similar professional services.

  OPEN SPACE — Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that the area may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are incidental to the natural openness of the land.

  OPERATOR — Any person or persons having control or having legal responsibility for operating or maintaining any facility which is subject to these regulations.

  OVERLAY DISTRICT — A district established in a Zoning Ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts, consistent with other applicable state and federal laws.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  OWNER — Any person who holds exclusive or joint title to, or lawful possession of, real or personal property which is subject to these regulations.

  PERFORMANCE STANDARDS — A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

  PERMITTED USE — A use by right which is specifically authorized in a particular zoning district.

  PERSON — Any natural person, firm, trust, partnership, association or corporation.

  PET DAY-CARE FACILITY — An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. (See § 260-79.1.)

  [Added 6-8-2020 by Ch. No. 1990]

  PETROLEUM PRODUCT — Crude oil or any fractions thereof and includes substances derived from crude oil including, but not limited to, the following: gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants, and solvents.

  PINBALL OR GAME ROOM — Any public place, building or room where three or more gaming devices, machines or apparatus are kept for the use and entertainment of the public; or any place where the purpose of such business is to maintain three or more machines, which upon the insertion of a coin, slug, token, plate, disc or in any other manner manipulated, may be operated by the public for use as a game or amusement, whether or not registering a score and whether its operation demands skill or chance or both. The definition of "pinball or game room" shall be limited to places which derive their principal source of income from such machines.

  PLANNED DEVELOPMENT — A land development project, as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

  PLANNED DEVELOPMENT ZONING DISTRICT — See § 260-48.

  PLANT AGRICULTURE — The growing of plants for food or fiber, to sell or consume.

  [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

  POLLUTANT — Any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste or material, petroleum or petroleum products, including but not limited to oil.

  POLLUTION — The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

  PREAPPLICATION CONFERENCE — A meeting to review a proposed development, held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

  PROFESSIONAL OFFICE — A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

  RELEASE — Any spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping, or disposing of any pollutant onto or below the land surface. For purposes of these regulations, "release" also includes any storage, disposal, or abandonment of any substance or material in a manner which presents a substantial threat of release as herein defined.

  RESTAURANT — An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tearooms, and outdoor cafes.

  RESTAURANT, FAST-FOOD — Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either:

  • (1) Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed; or
  • (2) The establishment includes a drive-up or drive-through service facility or offers curb service.

  RETAINING WALL — A vertical exterior structure constructed and erected between lands of different elevations that is used to keep in place soil material or earth fill, protect structures and/or prevent erosion.

  [Added 9-12-2005 by Ch. No. 1551]

  ROAD or STREET — Any public or private highway which affords the principal means of access to abutting properties.

  SANITARY SEWAGE — Wastewater associated with human hygiene, routine cleaning and janitorial activities that is discharged from sanitary conveniences (e.g., toilets, sinks, tubs, showers; dishwashers, kitchen sinks; and laundry machines).

  SETBACK — The required minimum horizontal distance between the building line and the related front, side or rear property line.

  SETBACK LINE or LINES — A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

  SHOPPING CENTER — A group of stores or other commercial establishments in one or more buildings planned, developed and managed as a single facility on one lot with off-street parking provided on the lot.

  SIGN — A structure or device conveying information to the public in written or pictorial form. (See § 260-86, Signs, for further definitions.)

  SINGLE-FAMILY ATTACHED UNIT — A dwelling unit in a structure with one or more other dwelling units.

  SINGLE-FAMILY DETACHED UNIT — A dwelling unit in a structure with no other dwelling units.

  SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

  SLOPE OF LAND — The grade, pitch, rise or incline of the topographic landform or surface of the ground.

  [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

  SOLID WASTE — Solid waste as defined in the current Rhode Island Department of Environmental Management Rules and Regulations for Solid Waste Management Facilities, as amended, and amendments thereto; and which shall include garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved materials in domestic sewage or sewage sludge, nor does it include hazardous waste. Solid waste shall also include nonhazardous liquid, semisolid, and containerized gaseous waste.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  SPECIAL USE — A regulated use which is permitted pursuant to a special use permit issued by the authorized governmental entity, pursuant to RIGL 45-24-42 (formerly referred to as "special exception").

  STRUCTURE — A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

  SUBDIVISION — The division or redivision, of a lot, tract or parcel of land into two or more lots, tracts, or parcels.

  SUBSTANDARD LOT OF RECORD — Any lot lawfully existing at the time of adoption or amendment of a Zoning Ordinance and not in conformance with the dimensional and/or area provisions of that ordinance.

  SUPERMARKET — A retail establishment primarily selling food as well as other convenience and household goods, and having a gross leasable floor area of 10,000 square feet or more.

  TOWNHOUSE — A structure of single-family attached units each with direct access to the outside.

  TRANSIENT RESIDENTIAL FACILITY — Housing operated on a nonprofit basis intended for occupancy for periods of fewer than 30 days by persons who are temporarily homeless, the maximum occupancy of which shall not exceed 20 persons, including staff.

  [Amended 10-26-2020 by Ch. No. 1997]

  UNDERGROUND STORAGE TANK — Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and the volume of which (including the volume of the underground pipes connected thereto) is 10% or more beneath the surface of the ground.

  USE — The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  VARIANCE — A permission to depart from the literal requirements of a Zoning Ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a Zoning Ordinance. There shall be only two categories of variance: a use variance or a dimensional variance.

  • (1) USE VARIANCE A permission to depart from the use requirements of a Zoning Ordinance where the applicant for the requested variance has shown, by evidence upon the record, that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the Zoning Ordinance.
  • (2) DIMENSIONAL VARIANCE A permission to depart from the dimensional requirements of a Zoning Ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

  WATERS — As defined in RIGL 46-12-1(23).

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  WELL — A bored, drilled, or driven shaft or a dug hole, with a depth that is greater than its largest surface dimension, through which groundwater flows, has flowed, or may flow under natural or induced pressure.

  WETLAND — A marsh, swamp, bog, pond, river, river or stream flood plain or bank; an area subject to flooding or storm flowage; an emergent or submergent plant community in any body of fresh water; or an area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in RIGL 2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the RI Coastal Resources Management Program, as may be amended.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  WIDTH — See definition for "lot width."

  YARD — A required open space on the same lot with a building(s), unoccupied and unobstructed by any structure from the surface of the ground upward, except for drives, walks, fences and customary yard accessories and other structures as specifically allowed by this chapter.

  YARD, CORNER SIDE — The side yard on that side of a lot located at the corner or the intersection of two street lines, nearest the side street.

  YARD, FRONT — The yard between a street line and a line generally parallel thereto at a distance therefrom equal to the depth of the required front yard, and extending between the side lot lines.

  YARD, REAR — The yard between a rear lot line and a line parallel thereto at a distance therefrom equal to the depth of the required yard, and extended between the inner side yard setback lines.

  YARD, SIDE — The yard between a side lot line and a line parallel thereto at a distance therefrom equal to the depth of the required side yard, and extending between the rear line of the required front yard to the rear lot line or projection thereof; or if there is no required front yard, extending between the rear lot line and the street line.

  ZONING CERTIFICATE — A document signed by the Zoning Official, as required in the Zoning Ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the municipal Zoning Ordinance or is an authorized variance or modification therefrom.

  ZONING DISTRICT — The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. A particular parcel of land may be subject to more than one district.

  ZONING MAP — The map or maps which are a part of the Zoning Ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of Westerly.

  ZONING ORDINANCE — The ordinance enacted by the Town Council of Westerly pursuant to the Zoning Act and in the manner providing for the adoption of ordinances in the Town's Charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Comprehensive Plan of Westerly which includes a Zoning Map, and which complies with the provisions of the Zoning Act.

  ZONING USE DISTRICTS — The basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. Also referred to as "zone" or "zoning district."

  Editor's Note: The definitions of "accessory apartment," "accessory building," as amended 9-21-2020 by Ch. No. 1995, and "accessory use," as amended 9-21-2020 by Ch. No. 1995, which immediately followed this definition were repealed 10-26-2020 by Ch. No. 1997.

  Editor's Note: The definition of "customary home occupation," which immediately followed this definition, was repealed 2-28-2011 by Ch. No. 1744.

  Editor's Note: The former of "garage, repair," which immediately followed this definition, was repealed 9-21-2020 by Ch. No. 1995..

  Editor's Note: The former definition of "mixed residential and commercial use," which immediately followed this definition, was repealed 11-19-2007 by Ord. No. 1621.

  Editor's Note: The definition of "office, home," which immediately followed this definition, was repealed 2-28-2011 by Ch. No. 1744.

  Editor's Note: This definition of "wetland" effectively replaced both the definition of "wetland, coastal," and "wetland, freshwater," which were formerly included separately.

  Editor's Note: See Art. XV, Ch. 2, of the Charter.

The Town is hereby divided into zoning districts for the following purposes: to achieve compatibility of uses within each zone, to implement the Comprehensive Plan, and to serve the other purposes of this chapter. Zoning districts shall be depicted by type and location on the Zoning Map.

The following rules shall be used to determine the precise location of any zone boundary line shown on the Zoning Map:

• A. Municipal boundary. Zone boundary lines shown as approximately following the Town's municipal boundary line shall be construed to follow such municipal line.
• B. Streets. Zone boundary lines shown as approximately following streets shall be construed to follow the center lines of such streets.
• C. Property lines. Zone boundary lines shown as approximately following property lines as shown on the Westerly Tax Maps shall be construed to follow such Tax Map property lines. In the event that there is a conflict between the boundary lines shown on the Westerly Tax Maps and the recorded legal description of the property, the recorded legal description of the property shall govern.

  [Amended 5-13-2019 by Ch. No. 1956]

• D. Railroad lines. Zone boundary lines shown as approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
• E. Shorelines of tidal water bodies. Zone boundary lines shown as approximately following the shorelines of tidal water bodies shall be construed to follow the mean high waterlines of such water bodies and, in the event of change in the mean high waterline, shall be construed to move with the actual mean high waterline.
• F. Streams, rivers, other watercourses. Zone boundary lines shown as approximately following streams, rivers, or other continuously flowing watercourses shall be construed to follow the channel center line of such watercourses taken at mean low water, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zone boundary line shall be construed to move with the channel center line.
• G. Ponds. Zone boundary lines shown as approximately following the shorelines of ponds shall be construed to follow the annual high waterline of such pond.
• H. Parallel distances. Zone boundary lines shown as separated from, and approximately parallel to, any of the features listed in Subsections A through G above shall be construed to be parallel to such features and at such distances therefrom as are shown on the Tax Map.

• A. Standard zoning districts. Westerly is hereby divided into the following standard zoning districts:
  • (1) Residential districts:

    RR-60	Rural Residential 60
    LDR-43	Low-Density Residential 43
    LDR-40	Low-Density Residential 40
    MDR-30	Medium-Density Residential 30
    MDR-20	Medium-Density Residential 20
    HDR-15	High-Density Residential 15
    HDR-10	High-Density Residential 10
    HDR-6	High-Density Residential 6

  • (2) Commercial districts:

    P-15	Professional/Office
    DC-1	Downtown Center 1
    DC-2	Downtown Center 2
    NB	Neighborhood Business
    HC	Highway Commercial
    GC	General Commercial
    SC-WH	Shore Commercial - Watch Hill
    SC-G	Shore Commercial - General
    MC	Marine Commercial

  • (3) Industrial districts:

    GI	General Industrial
    LI	Light Industrial
    ORAT	Office Research, Assembly and Technology

  • (4) Other standard districts:

    OSR	Open Space and Recreation
    CR	Commercial Recreational

• B. Planned development districts. The following planned development district are hereby established:

  PRFD

  Planned Resort Facilities Development

• C. Overlay districts. The following overlay districts are hereby established:

  [Amended 1-22-2018 by Ch. No. 1910; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  AA-O	Airport Area Overlay (See § 260-51 .)
  AP-O	Aquifer Protection Overlay (See § 260-52 .)
  SP-O	Salt Pond Overlay (See § 260-53 .)
  BB-O	Bed-and-Breakfast Overlay (See § 260-54 .)
  H-O	Historic Overlay (Reserved)
  RC-O	River Corridor Overlay (Reserved)
  HM-O	Historic Mill Overlay (See § 260-57 .)
  GS-O	Granite Street Overlay (See § 260-58 .)
  WS-O	Wells Street Overlay (See § 260-59 .)

Following are the general descriptions of the standard zoning districts. These are intended to be consistent with the Comprehensive Plan. Any modification of this chapter shall be consistent with the considerations set forth below and pertinent sections of the Comprehensive Plan.

• A. Residential districts.
  • (1) Rural Residential 60. Rural Residential 60 Zoning District is intended for residential areas characterized by very low density development and comprised mostly of land that is currently used for agriculture and contains wetlands, other severe soil constraints, or other sensitive environmental characteristics. The rural residential districts are designed to protect many of the Town's most valuable natural resources. (Note that within the watershed of the salt pond, a maximum density of one dwelling unit per two acres is required by the Rhode Island Coastal Resources Special Area Management Plan.) Rural Residential 60 is designed for those areas which do not have access to municipal sewers or municipal water.
  • (2) Low-Density Residential 43. The Low-Density Residential 43 Zoning District is intended for residential areas, such as Watch Hill, which are comprised predominantly of large single-family homes on large lots and which are served by municipal water but not by municipal sewers systems. The minimum one-acre lot size is designed to preserve the existing character of such neighborhood.
  • (3) Low-Density Residential 40. The Low-Density Residential 40 Zoning District is intended to protect and preserve areas of prime agricultural soils for continued agricultural and agriculturally oriented uses. The standards and densities prescribed for this district are intended to preserve the open character of the area and thereby to protect the business of agriculture. Residential use in this district is restricted to a minimum lot size of 40,000 square feet.
  • (4) Medium-Density Residential 30 and 20. The Medium-Density Residential 30 and 20 Zoning Districts are generally intended for single-family neighborhoods adjacent to high-density areas. These zoning districts are designed to conform to existing development patterns rather than encourage major expansions beyond defined neighborhoods. Most areas within this district are connected to municipal water but not to municipal sewers. Specific provision is provided for alternative residential development of certain property of substantial size in the R-30 Zoning District.
  • (5) High-Density Residential 15, 10 and 6. High-Density Residential 15, 10 and 6 Zoning Districts are intended primarily for areas of existing residential development. These zoning districts are designed for areas where existing densities are high, close to saturation, which include a variety of housing types. These areas are served by municipal water. Also except Misquamicut, they are served by municipal sewers.
• B. Commercial districts.
  • (1) Professional/Office. The Professional/Office Zoning District is intended to establish areas within which the Town encourages a concentration of professional office and related uses. Property in this district often provides a transitional area between more intense districts and residential districts.
  • (2) Downtown Center 1 and 2. Downtown Center Zoning Districts are intended for areas comprising the downtown business core and immediately surrounding areas characterized by mixed uses, high-density residential uses and retail shops. The Downtown Center Zones are intended to preserve the distinct character of the downtown, which has special needs related to its historic mill town origins, in particular the preservation of historic buildings and facades.
  • (3) General Commercial. The General Commercial Zoning District is intended for areas of historic commercial activity.
  • (4) Highway Commercial. The Highway Commercial Zoning District is intended for areas which are primarily vehicle-oriented because of their location along major roads. An objective of this commercial zoning category is to address existing traffic safety problems associated with excessive curb cuts and to prevent further traffic problems from occurring with future development.
  • (5) Neighborhood Business. The Neighborhood Business Zoning District is intended for areas characterized by small retail and personal service operations but surrounded by residential areas.
  • (6) Marine Commercial. The Marine Commercial Zoning District is intended to establish an area dedicated to marine (water-dependent) and marine-related uses. Uses proposed for the portion of the river designated as Class 3, High-Intensity Boating in the Rhode Island CRMC Program, are consistent with that program.
  • (7) Shore Commercial WH and G. Shore Commercial WH and G Zoning Districts are intended to promote the use of waterfront locations for servicing local and tourist seasonal businesses and water-related activities. The Shore Commercial Districts also provide for both direct and indirect access to the water by the general public. Shore Commercial G is located generally in Misquamicut and Shore Commercial WH is located in Watch Hill. Each zone is intended to allow uses in a manner which limits their impact on abutting residential areas.
• C. Industrial districts.
  • (1) General Industrial. The General Industrial Zoning District is intended for manufacturing uses. This zone is intended for industrial uses which must be segregated because of their incapability with other land uses; it is designed to provide for the infrastructure and operational requirements of industrial uses.
  • (2) Light Industrial. The Light Industrial Zoning District is designed for areas which have historically housed industrial development in proximity to business and residence, and which would be incompatible with more extensive industrial use
  • (3) Office, Research, Assembly and Technology. This district is designed to provide for office research assembly and technology uses that do not require extensive infrastructure, sewer, water, site development, or present a threat to sensitive environmental resource.
• D. Other standard zoning districts.
  • (1) Open Space and Recreation. The Open Space and Recreation Zoning District is intended for areas in use as open space and recreation. This district covers a variety of uses including the Town's well fields, major parks and recreation areas, portions of the barrier beaches and cemeteries.
  • (2) Commercial Recreational. The Commercial Recreational Zoning District is intended for areas that have historically housed commercial/recreational facilities although adjacent to residential areas in order to allow their continued existence subject to reasonable regulations and limitations on future expansion.

• A. Planned development districts become mapped for a particular area of land by a zone change granted in conjunction with approval of a master plan of development for that particular area of land which includes requirements and regulations specific to that land.
• B. Planned Resort Facilities Development. The Planned Resort Facilities Area concept is intended to recognize the Town as a tourist resort area and permit the growth of the industry, provided that such facilities are located in at least 80 acres as identified in the Town Comprehensive Plan and are designed to limit their impact on neighboring property.

[Amended 1-22-2018 by Ch. No. 1910; 5-13-2019 by Ch. No. 1956; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Overlay zoning districts are intended to provide additional regulations for particular areas of the Town. Overlay zoning district maps, to the extent the district exists or is created, shall be generated and incorporated into the "Official Zoning Map, Town of Westerly, Rhode Island, July 1, 2019," as amended, in accord with § 260-16.

• A. Airport Area Overlay District.
• B. Aquifer Protection Overlay District.
• C. Salt Pond Overlay District.
• D. Historic Overlay District (Reserved)
• E. River Corridor Overlay District.
• F. Historic Mill Overlay District.
• G. Bed-and-Breakfast Overlay District.
• H. Granite Street Overlay District.
• I. Wells Street Overlay District.

  Editor's Note: Former Subsection J, Historic Mill District, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 1-22-2018 by Ch. No. 1910; 5-13-2019 by Ch. No. 1956]

• A. The location and boundaries of zoning districts, including overlay zoning districts as identified in § 260-15, shall be prepared and administered in a digital format, such as within a geographic information system, and shall be entitled "Official Zoning Map, Town of Westerly, Rhode Island, July 1, 2019," as amended ("zoning map"). The zoning map shall be available for viewing and on file in the Town Clerk's Office in digital and hard-copy, such as paper, format. In addition, the zoning map shall also be available for viewing on the official Town of Westerly website.
• B. In the event of a conflict between the digital and hard-copy formats of the zoning map, the digital zoning map shall govern. Whenever a change effecting the zoning map is adopted and the ordinance is filed with the Town Clerk, the digital zoning map shall be amended to reflect the change as an amended zoning map. A copy of any ordinance effecting a change to the zoning map shall also immediately be distributed to the Town of Westerly Zoning Official and the Town of Westerly Information Technology Department. The Town of Westerly Information Technology Department shall update the digital format of the zoning map within 90 days of receipt of an amending ordinance. Any costs incurred by the Town of Westerly in updating the digital format zoning map shall be borne by the applicant, unless that applicant is the Town of Westerly.
• C. The "Official Zoning Map, Town of Westerly, Rhode Island, July 1, 2019," and amendments thereto, are hereby adopted and shall be considered an integral part of Chapter 260, Zoning.

• A. Purpose. The purpose of this section is to establish the land uses to be permitted within each standard zoning district and to distinguish as-of-right uses from uses requiring a special use permit. All land uses permitted in at least one of the Town’s standard zoning districts are contained in the District Use Table.

  [Amended 10-26-2020 by Ch. No. 1997]

  Editor's Note: The District Use Table is included as an attachment to this chapter.

• B. Uses permitted in residential and certain industrial and commercial zones. Notwithstanding any other provision of this chapter, the following uses shall be permitted within all residential zoning districts and all industrial and commercial zoning districts except where residential use is prohibited for public health or safety reasons:
  • (1) Households.
  • (2) Community residences.
  • (3) Family day-care homes.
  • (4) Accessory family dwelling units.

    [Added 10-26-2020 by Ch. No. 1997]

• C. Uses prohibited in all zones. The following uses are prohibited in the Town of Westerly in all zoning districts:
  • (1) Rendering of fats and oils.
  • (2) Acetylene gas manufacture and storage.
  • (3) Ammonia or bleaching powder manufacture.
  • (4) Chlorine manufacture.
  • (5) Distillation of bone or wood products.
  • (6) Explosives manufacture or storage.
  • (7) Carbon or blacklamp manufacture.
  • (8) Coal distillation.
  • (9) Offal or dead animal reduction.
  • (10) Atomic energy processes.
  • (11) Smelter, blast furnace or blooming mill.
  • (12) Any type of acids or creosote manufacture or treatment.
  • (13) Operations involving animals for commercial slaughter or for laboratory purposes.
  • (14) Nuclear waste storage.
  • (15) Petroleum tank farms.
  • (16) Storage or use, except medical use, of radioactive substances.
  • (17) Reduction and processing of wood pulp and fiber, including papermill operation.
  • (18) Any other use with noxious effects, including emission of odors, smoke, gases, dust, noise, or vibrations, or which involves danger of fire or explosion.
• D. Uses not expressly permitted are prohibited. Any use not specifically permitted is prohibited unless the Zoning Official determines that such use is included in one of the categories set forth in the District Use Table. Uses not classified in this chapter may be permitted only if such use would be in accord with the purposes and intent of this chapter. The determination of use classification shall be obtained in accordance with the procedures for obtaining a zoning certificate. (See § 260-29, Zoning certificates.)
• E. Prior conditional rezone amendments. Certain zoning districts are composed of change or amendment to the text of the prior Zoning Ordinance and in connection with which the Town Council imposed use limitations, conditions, and/or restrictions. The terms of such limitations, conditions, and/or restrictions shall continue to be applicable to each said property and shall be deemed readopted and incorporated herein.
• F. Uses prohibited except in accordance with law or regulation. Except as otherwise provided by state or federal law, no building, structure, or land shall be used or occupied for purposes other than those permitted in this chapter.
• G. District use table categories. The District Use Table contains the following categories:
  • (1) A use listed on the District Use Table and denoted by the letter "P" is a use permitted by right in the zoning district.
  • (2) A use listed on the District Use Table and denoted by the letter "S" is a use permitted by special use permit in the zoning district. (See § 260-34, Special use permits.)
  • (3) A use listed on the District Use Table and denoted by the letter "N" is a use not permitted in the zoning district.
  • (4) For use located in the Aquifer Protection Overlay District column, "Q" means an aquifer permit is required.
  • (5) For use located in the Aquifer Protection Overlay District column, "P/Q" means the use is permitted if municipal sewer is available and an aquifer permit is required if municipal sewer is not available.
• H. Requirements for all permitted uses. All permitted uses, and those uses requiring a special use permit, require a zoning certificate issued in accordance with § 260-29. In addition, all such uses are subject to all the provisions of this chapter, including all general and specific development standards and other regulations governing yards, lot size, lot width, building area, easements, off-street parking and loading, requirements of overlay districts. All state and federal laws and regulations shall be complied with. In particular, the laws and regulations of the Rhode Island Department of Environmental Management shall be adhered to. No zoning certificate shall be issued without final approval from the RIDEM for proper water supply and sewage disposal, unless the premises are served by public water and/or sewage facilities and have received municipal approval for tie-in to these facilities.

See Standard Use Tables included as an attachment to this chapter.

See Schedules of Dimensional Regulations included as an attachment to this chapter.

• A. Building height.

  [Amended 4-23-2012 by Ch. No. 1768; 10-21-2013 by Ch. No. 1800; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

  • (1) For a proposed new building on a vacant parcel of land, building height shall be measured from the average existing grade elevation where the foundation of the structure is proposed (Figure 1-1).

    [Figure: 260-Figure1-1.tif.png]

  • (2) For an existing structure, building height shall be measured from the average existing grade taken from the outermost four corners of the existing foundation.
  • (3) The permitted finished grade shall be in accordance with § 260-20B.
  • (4) In all cases, building height is measured to the top of the highest point of the existing/proposed roof or structure.
    • (a) This calculation does not include architectural features, church spires, chimneys, flagpoles, antennas, and weather vanes. Also, this calculation does not include roof-mounted solar energy systems, plumbing, electrical, heating, ventilating and air-conditioning mechanical equipment, provided that it does not exceed four feet from the highest point of the roof where it is located. Finally, this calculation does not include that portion of a building necessary to accommodate an elevator overrun, provided that it does not exceed four feet from the highest point of the roof where it is located.
  • (5) For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island Coastal Resources Management Council (CRMC) Suggested Design Elevation Three-Foot Sea Level Rise (CRMC SDE 3 SLR) Map as being inundated during a 100-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:
    • (a) The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation (Figure 1-2); or

      [Figure: 260-Figure1-2.tif.png]

    • (b) The suggested design elevation as depicted on the CRMC SDE 3 SLR Map during a 100-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every 10 years, or as otherwise necessary (Figure 1-3).

      Figure 1-3 [Figure: 260-Figure1-3.tif.png]

      In no case shall any designated freeboard or any area beneath either the BFE or design elevation in a flood zone be used as habitable space or for any use other than storage, parking of vehicles or means of egress.

  • (6) If a structure is built in an area with a grade cut, the building height shall be measured from the finished grade after the grade cut.
• B. Limitation on fill and cut.

  [Amended 10-21-2013 by Ch. No. 1800; 10-26-2020 by Ch. No. 1997; 11-22-2021 by Ch. No. 2011]

  • (1) Other than in the Aquifer and Wellhead Protection Overlay District, § 260-52, the finished grade surrounding a building may be adjusted to a level not to exceed four feet above or below the average of the existing elevation of the existing grade at the proposed four corners of the building.
    • (a) In the Aquifer and Wellhead Protection Overlay District, the finished grade surrounding a building may be adjusted to a level not to exceed two feet above or below the average existing elevation of the existing grade at the proposed four corners of the building.
  • (2) For any property located in a Coastal A or VE Flood Zone, the finished grade may be adjusted to a level not to exceed two feet above or below existing grade throughout the property.
  • (3) The adjustment of grade on a vacant or undeveloped portion of a lot may be cut or filled by right up to four feet. The adjustment of grade cut or fill, on any lot which exceeds four feet, shall require a land disturbance permit including plans stamped by a registered professional engineer in the State of Rhode Island and be approved by the Town Engineer.
  • (4) In all cases, fill above existing grade shall be deducted from building height.
• C. Lot width. In the event that a lot contains only three sides, the width of the lot shall be the distance between side lot lines, measured at the required front yard depth. The rear yard shall be measured from a line 10 feet in length entirely within the lot parallel to the front lot line.
• D. Lot frontage. The following rules apply to measuring lot frontage:
  • (1) Only contiguous road frontage shall be used in measuring lot frontage.
  • (2) If the front yard of a lot abuts a curve or a cul-de-sac, the frontage of the lot shall be the distance between the two side lot lines measured at the required front yard depth.
  • (3) On a corner lot, the shorter street frontage shall be considered the front lot line, and the longer street frontage shall be considered a side lot line. The front yard depth shall conform to the requirement in § 260-19. The street side yard shall be equal to the average of the required front yard and side yard dimensions.
• E. Required yards/open space.
  • (1) No lot area shall be reduced so that yard, total area and lot frontage shall be less than prescribed for the district in which the lot is located. No yard or open space required by this chapter for any building shall be deemed to satisfy the yard or open space requirement for any other building.
  • (2) The space in a required front, side, or rear yard shall be open and unobstructed and in accordance with the following:
    • (a) Open or semi-enclosed structures such as porches, canopies, balconies, platforms, garages, covered patios, decks and similar projections attached to a principal building shall be considered parts of the building and shall not project into the required yards. When such structures are not attached to the principal building they shall be considered accessory structures and shall be governed by the provisions of § 260-66.
    • (b) A building may not overhang its foundation and project into a required yard. Ordinary projections of window sills, cornices and other ornamental features may extend up to 12 inches into a required yard. Stairways shall not extend into the required yard more than three feet.
• F. Vision clearance at corners. At street intersections in all districts, except Downtown Center 1, no building or structure shall be erected and no vegetation shall be maintained between the heights of two feet and 10 feet above the triangle formed by the two street lines and a third line joining points of the street lines 30 feet from the intersection. It shall be the duty of the Director of Public Works to enforce this provision on vision clearance.

• A. Appointment. The Town Manager shall appoint a Zoning Official whose duties shall be to enforce the provisions of this chapter and to serve as chief administrative officer for the Zoning Board of Review, and who shall be administratively responsible to the Town Manager.
• B. Qualifications. In order to qualify for the position of Zoning Official or Alternate Zoning Official, a person must demonstrate the ability:
  • (1) To comprehend in detail this Zoning Ordinance;
  • (2) To understand maps and plans and be able to relate them to structures and land uses on the ground;
  • (3) To identify violations of this chapter;
  • (4) To communicate orally and in writing the matters pertinent to his duties; and
  • (5) To carry out all of his duties under this chapter.
• C. Alternate Zoning Official. The Town Manager may appoint an Alternate Zoning Official for a definite period not to exceed one year, to act on behalf of the Zoning Official during any period of disability caused by, but not limited to, illness, absence or conflict of interest.
• D. Powers and duties. The Zoning Official shall be charged with the administration and enforcement of this chapter, and shall have the following powers and duties:

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) Receiving, waiving submission requirements, and reviewing and making recommendations regarding all applications to the Zoning Board of Review and keeping all records of the Zoning Board of Review;
  • (2) Issuing zoning certificates;
  • (3) Reviewing and making disposition of requests for modification;
  • (4) Collecting required application fees;
  • (5) Keeping records documenting compliance of uses of land;
  • (6) Authorizing commencement of uses or development under the provisions of the Zoning Ordinance;
  • (7) Inspecting suspected violations;
  • (8) Issuing violation notices with required corrective action;
  • (9) Collecting fines for violations; and
  • (10) Exercising such powers and performing such other duties as may be set forth in this chapter.

• A. Appointment. The Town Planner is appointed in accordance with the provisions of Article XII, Chapter IV, § 12-4-2 of the Charter of the Town of Westerly.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• B. Powers and duties. The Town Planner, in regard to the administration of this chapter, shall have the following powers and duties:
  • (1) Monitoring amendments to the Enabling Act and other state legislation affecting this Zoning Ordinance and making recommendations to the Planning Board regarding required amendments to this Zoning Ordinance.
  • (2) Making recommendations to the Planning Board regarding amendments to this Zoning Ordinance deemed appropriate in response to the Town's emerging planning needs.
  • (3) Receiving, reviewing and making recommendations regarding applications to the Planning Board for development plan review.

• A. Constitution of the Planning Board. The Planning Board shall be constituted and organized and its membership maintained in accordance with Chapter 5, Article V, Planning Board, of the Code of the Town of Westerly.
• B. Powers and Duties. The Planning Board, in regard to the administration of this chapter, shall have the following powers and duties:
  • (1) Review of and disposition of applications for subdivisions of land in accordance with Chapter A261, Land Development and Subdivision Regulations.
  • (2) Review and disposition of applications for cluster development.
  • (3) Review and disposition of applications for development plan review.
  • (4) Advisory review of proposed amendments to this Zoning Ordinance (including the Zoning Map).
  • (5) Make studies and prepare plans and reports on the needs and resources of the community with reference to its physical, economic and social growth and development as affecting the health, safety, morals, and general welfare of the people. The studies, plans and reports shall concern but shall not necessarily be limited to the following:
    • (a) Land use and land use regulations.
    • (b) Transportation facilities.
    • (c) Public facilities including recreation areas, utilities.
    • (d) Schools, fire stations.
    • (e) Police station and others.
    • (f) Blighted areas including the designation of general areas for redevelopment, renewal, rehabilitation, or conservation.
    • (g) Problems of housing and the development of housing programs.
    • (h) Environmental protection.
    • (i) Natural resource conservation.
    • (j) Protection from disaster.
    • (k) Economic and social characteristics of the population.
    • (l) Preservation of historic or cultural resources and buildings.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    • (m) Economic development.
  • (6) When directed by the Town Council, prepare an annual capital budget and a comprehensive long-range capital improvement program.
  • (7) Submit an advisory opinion and recommendation on all zoning matters referred to it under the provisions of this chapter and report on any other matter referred to it by the Town Council.
  • (8) Perform such other duties as may be assigned to the Board from time to time by any act of the General Assembly or by ordinance, code, regulation, order or resolution of the Town Council.

• A. Constitution of Zoning Board of Review. The Zoning Board of Review shall be constituted in accordance with the following:
  • (1) Establishment. There is hereby created a Zoning Board of Review.
  • (2) Membership and terms.

    [Amended 3-10-2014 by Ch. No. 1813; 10-20-2014 by Ch. No. 1831]

    • (a) The Zoning Board of Review shall be appointed by the Town Council and shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Zoning Board of Review shall also include two alternates, to be designated as the first and second alternate members, their terms to be for five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if one member of the Board is unable to serve at a hearing and the second shall vote if two members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless he or she has attended all hearings concerning that matter. Members of the Zoning Board of Review, at the time of their appointment and for the duration of their term, shall be residents and qualified to vote in the Town of Westerly.
    • (b) No member of the Zoning Board of Review shall serve more than two consecutive terms, to be followed by a one-year hiatus, after which the member may be appointed to this Board or another appointed Board.
  • (3) Removal. The Town Council is hereby empowered to remove persons from the Zoning Board of Review if, by virtue of their absence at meetings of the Board or otherwise, they have failed to reasonably fulfill their duties, such action by the Council to be taken only upon written notice by the Council to the persons involved and the right to appear and speak at the Council's deliberations. The Council shall also fill vacancies for the remainder of any unexpired terms which may occur on the Zoning Board of Review.
  • (4) Original terms. Members of the Zoning Board of Review serving on the effective date of adoption of this Zoning Ordinance shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.
  • (5) Chairperson. The Zoning Board of Review shall annually elect by majority vote a Chairperson, who shall preside over meetings of the Board. At hearings of the Board, the Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
  • (6) Meetings/hearings. Meetings of the Board shall be held at the call of the Chairperson or at the request of three members of the Board, and at such other times as the Board may determine. All hearings of the Board shall be open to the public.
• B. Powers and duties. The Zoning Board of Review, in regard to the administration of this chapter, shall have the following powers and duties:
  • (1) To hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Official, the Town Planner or Planning Board.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) To hear and decide appeals from a decision of the Planning Board pursuant to Article IX of Chapter A261, Land Development and Subdivision Regulations, adopted November 30, 1995, as amended.
  • (3) To hear and decide requests for variance.
  • (4) To hear and decide applications for special use permit.
  • (5) To provide for issuance of conditional approval of any special permit or variance application under this chapter which would otherwise be approved except that one or more state or federal agency approvals are required and are pending. A conditional zoning approval shall expire within one year of issuance if the necessary state and federal approvals have not been issued; provided, however, that the Board may extend a conditional zoning approval for successive periods of one year if the applicant demonstrates that he is actively pursuing the necessary approvals and that a final decision has not been rendered.
  • (6) To refer matters to the Planning Board or to other municipal or state boards or agencies as the Zoning Board of Review may deem appropriate, for review, findings and recommendations.
  • (7) To hear and decide such other matters as authorized by and in accordance with the terms of this chapter or state statutes.
• C. Voting. The Zoning Board of Review shall be required to vote as follows:
  • (1) Five active members shall be necessary to conduct a hearing. As soon as a conflict of interest occurs for a member, that member shall recuse himself or herself. A recused member shall take no part in the hearing as a Board member, but may participate in the hearing as a citizen. Only five active members shall be entitled to vote on any issue; all active members not recused shall vote on any matter before the Board;
  • (2) The concurring vote of three of the five members of the Zoning Board of Review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the official or agency from whom an appeal was taken; and
  • (3) The concurring vote of four of the five members of the Zoning Board of Review sitting at a hearing shall be required to approve any application before the Board.
• D. Minutes of proceedings. The Zoning Board of Review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the Zoning Board of Review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the Superior or Supreme Court of the state, the Zoning Board of Review shall have the proceeding recorded either by a competent stenographer or by a sound-recording device.

The Town Council, in regard to this chapter, shall have the following powers and duties:

• A. To appoint Zoning Board members and alternate Zoning Board members.
• B. To receive and review recommendations of the Planning Board regarding amendments to either the text of this Zoning Ordinance and/or to the Zoning Map.
• C. To present for public hearing and enact amendments to this chapter and the Zoning Map.
• D. To establish application fees in accordance with § 260-6.

[Amended 10-26-2020 by Ch. No. 1997]

• A. Violations. It shall be unlawful for any person to construct, erect, or alter any building or structure, or develop, change, or improve land except in accordance with the provisions of this chapter and of plans approved in accordance with the procedures of this chapter and are subject to the following:
  • (1) When a violation of a dimensional requirement is associated with a completed zoning certificate and confirmed by an as-built, said dimensional relief may be submitted to the Zoning Officer for an administrative approval in the form of a dimensional modification if it qualifies.
  • (2) Any property with any existing and/or pending violation of the Zoning Ordinance shall not be permitted to apply for zoning relief or other permits associated with further development or modification of the property unless and until the existing and/or pending violation is corrected.
  • (3) An applicant shall be assessed an application fee twice the normal amount when an application for zoning certificate or relief is filed to correct a violation that was the subject of a notice of violation.
• B. Enforcement. Upon finding a violation, the Zoning Official shall serve notice by personal service or by certified mail on the person committing or permitting the violation and on the owner of the property as shown on the Town's current real estate tax assessment records, which notice shall specify the nature of the violation and order the action necessary to correct it. Such notice shall give a compliance date which the Zoning Official shall establish based upon the time reasonably required to comply. Upon notification of any violation of this chapter which has not been corrected by the compliance date, the Town Solicitor is hereby authorized to initiate legal proceedings to prevent, enjoin, abate, or remove such violation.
• C. Violations and penalties. A penalty may be assessed for any violation of the terms of this chapter or of any conditions or restrictions imposed pursuant to it. The penalty for violation shall be reasonably proportionate to the seriousness of the offense, and shall not exceed $500 per violation, each day such violation continues to be deemed a separate offense. Fines for violation shall inure to the Town.

• A. Custody. The Town Clerk shall be the custodian of this Zoning Ordinance and of the Zoning Map.
• B. Maintenance. The Town Clerk shall be responsible for the maintenance and update of the ordinance text and the zoning maps comprising the Zoning Ordinance.

  [Amended 5-13-2019 by Ch. No. 1956]

• C. Periodic review. The Town Planner shall be responsible for reviewing this Zoning Ordinance at reasonable intervals; whenever changes are made to the Comprehensive Plan, the Town Planner shall be responsible for identifying any amendments to this Zoning Ordinance required by such changes to the Comprehensive Plan and for forwarding such proposed ordinance amendments, with recommendations of the Planning Board, to the Town Council.
• D. Availability to public. Printed copies of this Zoning Ordinance (including the Zoning Map), revised to include all amendments, shall be available to the general public. A reasonable charge may be made for copies to reflect printing and distribution costs.
• E. Copy to state agencies. Upon publication of this Zoning Ordinance and the Zoning Map, and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island and to the State Law Library.

• A. Submission of petition. A petition for amendment of this Zoning Ordinance or any part thereof (including amendment of the Zoning Map) shall be submitted to the Town Clerk, together with the pertinent application fee. Immediately upon receipt of the proposal, the Town Clerk shall refer the petition to the Town Planner and to the Planning Board for study and recommendation and to the Town Council.

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) A petition requesting a change in the zoning designation of one or more parcels or the alteration of a zoning district boundary, shall at a minimum, require submission of the original petition and 20 copies of the following items:
    • (a) A site plan prepared by, and signed and stamped by, a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
      • [1] Name and address of property owner(s) and applicant(s);
      • [2] Date, North arrow, graphic scale, affected lot(s) and area (square feet or acres);
      • [3] Plat(s), lot(s) and 911 address(es);
      • [4] Current zoning district boundaries and existing uses of all neighboring properties;
      • [5] Proposed zoning district and boundaries of said district;
      • [6] Existing and proposed structures, and their relationship and distances from lot lines and zoning district boundary lines;
      • [7] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
      • [8] Existing and proposed streets, driveways, parking areas and walkways;
      • [9] Existing and proposed landscaping, as it relates to the request;
      • [10] Existing and proposed wells, septic systems and public utilities;
      • [11] Any peculiar site conditions or features; and
      • [12] Topography as may be taken from United States Geological Survey 7.5 minute series maps.
    • (b) List of names and addresses of all current property owners within 200 feet of subject property(ies) and/or all those property owners and entities which require notice under R.I.G.L. § 45-24-53, and in compliance with § 260-28D of the Zoning Ordinance;
    • (c) Soil erosion and stormwater control plan with supporting calculations based on standards approved by the USDA Natural Resources Conservation Service and in conformity with the Rhode Island Erosion and Sediment Control Handbook;
    • (d) Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required;
    • (e) Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application;
    • (f) Traffic study prepared by a professional engineer addressing the potential impacts of the proposed activity; and
    • (g) Evidence that there is sufficient water supply to support the proposed activity and that this supply is of drinking water quality.
  • (2) A petition for amendment of the provisions of the Zoning Ordinance shall, at a minimum, require:
    • (a) Name and address of applicant(s) and property owner(s);
    • (b) Location of the lot(s) given as the street address, tax assessor's plat and lot number, and 911 address;
    • (c) Zoning district the lot(s) is located in;
    • (d) Proposed zoning district;
    • (e) Affected area (square feet or acres);
    • (f) The year that the lot was platted and recorded;
    • (g) Present use of premises;
    • (h) Description of existing structure(s) on premises (square feet);
    • (i) Proposed use of premises;
    • (j) Proposed structure(s) (height and square feet);
    • (k) Whether preliminary development plans have been submitted to the Planning Board and Zoning Official;
    • (l) Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application;
    • (m) Identification of the section of the Zoning Ordinance under which this application is filed;
    • (n) Written statement as to proposed use of the rezoned property (refer to §§ 260-17 and 260-18 of Westerly Zoning Ordinance);
    • (o) Written statement as to the purpose of and need for the amendment, supported by relevant sections of Westerly's Comprehensive Plan; and
    • (p) Written statement as to the consistency of the text amendment with the purposes of zoning as expressed in § 260-5 of the Westerly Zoning Ordinance.
• B. Planning Board review and recommendation. The Planning Board shall give its advisory opinion to the Town Council within 45 days after receipt of the petition and at least five days prior to the Town Council's public hearing on the petition, giving its findings and recommendations. When a petition for ordinance adoption, amendment, or repeal is initiated by the Planning Board, the Planning Board's petition shall include the Board's findings and recommendations. The Planning Board's findings and recommendations shall include:
  • (1) A statement regarding the consistency of the proposal with the Comprehensive Plan, including the goals and policy statements and the implementation program contained in the Comprehensive Plan; and
  • (2) A statement regarding the conformance of the proposal to the general zoning purposes set forth in § 260-5.
• C. Public hearing required. No part of this Zoning Ordinance (including the Zoning Map) shall be amended or repealed, and no new ordinance shall be adopted until after a public hearing has been held upon the petition before the Town Council. The Town Council shall hold a public hearing within 65 days of receipt of a petition, with notice as prescribed in Subsection D of this section. At the public hearing, all interested persons shall be given opportunity to be heard upon the matter of the proposed amendment or ordinance. All changes or additions to the proposals as advertised must be presented for comment in the course of the public hearing.
• D. Notice. Notice of public hearing before the Town Council on a petition for amendment or repeal of this chapter or for adoption of a new ordinance shall be given. Notice shall be given as follows:
  • (1) Notice for general amendment. Where a proposed general amendment to this Zoning Ordinance includes changes in the Zoning Map, public notice shall be given as set forth in Subsection D(7) below.
  • (2) Notice for specific amendment. Where a proposed amendment to this chapter includes a specific change in the Zoning Map, but does not affect districts generally, public notice shall be given as set forth in Subsection D(7) below, with the following additional requirements:
    • (a) Notice shall include a map showing the existing and proposed zoning district boundary lines, existing streets and roads and their names, and Town boundary lines within the zoning district as existing and as proposed; and
    • (b) Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent by the applicant to all owners of real property whose property is located in or within 200 feet of the perimeter of the area proposed for change, whether within the Town or in or within an adjacent Town. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. Such notice shall be sent by either first-class mail, postage prepaid, or by certified mail return receipt requested at least 21 days prior to the date of hearing. Notice shall be sent to the last known address of such owners as shown on the Town's current real estate tax assessment records. Prior to the hearing, the applicant or its legal representative shall file with the Town Clerk a notarized affidavit that the notice provisions have been satisfied. For any notice sent by first-class mail, the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, PS Form 3817, or any applicable version thereof, to demonstrate proof of such mailing.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (3) Notice to nearby towns. Written notice of public hearing shall be sent at least two weeks prior to hearing to the Town Council of any town to which one or more of the following pertain:
    • (a) The town is located in or within 200 feet of the boundary of the area proposed for change; or
    • (b) There is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundary lines.
  • (4) Notice to water departments, agencies, companies. Written notice of public hearing shall be sent at least two weeks prior to hearing to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Building Inspector in the Town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
  • (5) Notification to farmers. Notification of matters subject to notification shall be given to farmers as required by Chapter 23.1 of Title 2 of the Rhode Island General Laws, as amended from time to time. The following officials are hereby designated to provide the notification required by Section 2-23.1-4 of the Rhode Island General Laws and to receive requests for work sessions in accordance with Section 2-23.1-6 of the Rhode Island General Laws:

    [Added 5-14-2007 by Ch. No. 1602]

    Subject Matter	Responsible Town Official
    Changes of the zoning and/or permitted uses of land used for farming	Town Planner
    Designation or amendment of the designation of land used for farming in the Comprehensive Plan or land use ordinances	Town Planner
    Changes in the manner of taxation of real and personal property used for farming	Town Assessor
    Regulation of water use for farming purposes	Superintendent of Utilities
    Control of noise and hours of operation of machinery and equipment used in farming	Town Clerk

    Editor's Note: This chapter also renumbered former Subsections D(5) through D(8) and D(6) through D(9), respectively.

  • (6) Written notice by mail shall be sent to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least two weeks prior to hearing.
  • (7) Public notice procedure. Public notice shall be given by publication of notice in a newspaper of general circulation within Westerly at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. Such notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
    • (a) Specify the place of the hearing before the Town Council and the date and time of its commencement;
    • (b) Indicate that amendment or repeal of this Zoning Ordinance (including the Zoning Map), or adoption of a new Zoning Ordinance is under consideration;
    • (c) (c) Contain a statement of the proposed amendments to this chapter by printing them in their entirety, or by summarizing and describing them, as long as the intent and effect of the proposed regulation is expressly written in that notice;

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    • (d) State where and when a copy of the matter under consideration may be obtained or examined and copied;
    • (e) State that the proposals shown thereon may be altered or amended prior to the close of public hearing without further notice; and
    • (f) Include the map required by Subsection (D)(2)(a), when applicable.
    • (g) Notwithstanding any of the requirements set forth in Subsection D(7)(a) through (f) above, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the Zoning Ordinance. The Town shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the Town. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases and all other means the municipality may use to impart information to the local community. Provided, however, notice pursuant to a public notice registry as per this subsection does not alone qualify a person or entity on the public notice registry as an "aggrieved party" under RIGL 45-24-31(4).

      [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (8) Defects in notice. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
  • (9) Costs. Costs of any notice required under this section shall be borne by the applicant.
• E. Disposition. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
• F. Conditions.
  • (1) In granting a Zoning Ordinance amendment, the Town Council may limit the change to one of the uses permitted in the zone to which the subject land is rezoned, and may impose conditions and restrictions including, without limitation:
    • (a) Conditions that the petitioner obtain a permit or approval from any and all state or local governmental agencies or instrumentality having jurisdiction over the land and use which are the subject of the zone change;
    • (b) Conditions and restrictions relating to the effectiveness or continued effectiveness of the zoning change; and/or
    • (c) Conditions and restrictions relating to the use of the land.
  • (2) The Town Clerk shall cause the conditions and restrictions so imposed to be clearly noted on the Zoning Map and recorded in the land evidence records; provided, however, that in the case of a conditional zone change, the conditions and restrictions shall not be noted on the Zoning Map until the zone change has become effective.
• G. Reversion. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing, order that the land revert to its zone classification preceding the most recent zone change.
• H. Standards for increase in zoning density. Notwithstanding the procedures set forth in this chapter, the Town Council shall not approve any Zoning Map amendments that would result in the reduction of required lot size in residential zones, except in the following circumstances:

  [Added 7-19-2010 by Ch. No. 1719]

  • (1) Land within the Urban Services Area (as identified in the 2010 Community Comprehensive Plan) which is already served by public water and public sewer; or
  • (2) Land which is outside of both the Urban Services Area and also the Rhode Island Coastal Resources Management Council Salt Ponds Special Area Management Plan areas (identified in this Code as the Salt Pond Overlay District boundaries), which is currently zoned RR-60, which may be rezoned to LDR-40 provided that public water service is extended to that area.
• I. Prohibition of expansion to the Highway Commercial Zone. Notwithstanding the procedures set forth in this chapter, the Town Council shall not approve any Zoning Map amendments providing for expansion of the land areas designated as the Highway Commercial Zoning District.

  [Added 7-19-2010 by Ch. No. 1719]

• A. Application. Application for a zoning certificate shall be submitted to the Zoning Official by a person or entity with an ownership interest in the property (or an agent thereof) on forms provided by the Zoning Official, together with the pertinent application fee.
• B. Submittal requirements. The application shall be accompanied by the following:
  • (1) A plot plan of the existing parcel showing the lot boundaries, minimum setback lines, the nature of the work to be performed, including off-street parking and buffers, if required, the location of new and existing construction, the distance of same from lot lines. Other than single-family and two-family residential uses and uses accessory thereto, said plot plan shall be prepared, signed and stamped by a professional engineer or professional land surveyor.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) All approvals or variances granted by the Planning Board or the Zoning Board of Review as required by this chapter, including any site development plans, architectural plans, and/or engineering plans pertinent to such approvals.
• C. Review and disposition. Within 15 days of receiving a complete application, the Zoning Official shall determine whether the existing and/or proposed development has received all approvals and/or otherwise conforms to this chapter, and shall approve or deny the application accordingly in writing. If the application is denied, the writing shall state the reasons for the denial and shall inform the applicant that the disposition may be appealed to the Zoning Board of Review. A zoning certificate which is issued upon erroneous information provided by an applicant shall not bind the Town or any official thereof.

• A. (Reserved)

  Editor's Note: Former Subsection A, Dimensional modifications, was superseded 10-26-2020 by Ch. No. 1997. For current provisions see Subsection B of this section.

• B. Dimensional modifications. Modifications of up to 25% of the dimensional requirements of this Zoning Ordinance pertaining only to structures, yard setbacks, or parking requirements may be authorized by the Zoning Official. A modification shall not permit moving of lot lines, the modification of height, minimum lot size, minimum lot frontage or maximum amount of impervious surface.

  [Amended 10-26-2020 by Ch. No. 1997]

• C. Application. Application for a dimensional modification shall be submitted to the Zoning Official by the owner of the property or the owner's agent on forms provided by the Zoning Official, together with the pertinent application fee.

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII, Appeals, of the Zoning Ordinance.
  • (2) Each application for a dimensional modification shall, at a minimum, require the following items be submitted:
    • (a) The original application and two copies of a site plan prepared by, and signed and stamped by, a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
      • [1] Name and address of property owner(s);
      • [2] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
      • [3] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
      • [4] Existing and proposed structures, and their relationship and distances from lot boundary lines;
      • [5] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
      • [6] Existing and proposed driveways, parking areas and walkways;
      • [7] Existing and proposed landscaping, as it relates to the request;
      • [8] Existing streets, 911 address, wells, septic system; and
      • [9] Any peculiar site conditions or features.
    • (b) Three copies of a current list (show date) of all property owners directly abutting the subject property;
    • (c) Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required; and
    • (d) Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application.
  • (3) Each application form for a dimensional modification shall, at a minimum, require the following:
    • (a) Name and address of applicant, property owner, and lessee;
    • (b) Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address;
    • (c) Zoning district the lot is located in;
    • (d) Dimensions of the lot, in feet, to include frontage, depth, and area;
    • (e) Present and proposed use of the lot;
    • (f) Identification of all structures on the lot, including their size in feet;
    • (g) How long the current owner has owned the lot;
    • (h) The year that the lot was platted and recorded;
    • (i) Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application.
    • (j) Whether you have submitted plans related to this request to the Zoning Official;
    • (k) Whether you have requested a permit related to this request and if so whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached;
    • (l) The number of families to reside on the lot;
    • (m) A description of the proposed alterations;
    • (n) Identification of the section of the Zoning Ordinance under which this application is filed;
    • (o) A specific identification of the relief sought;
    • (p) A specific statement of the grounds for which the relief is sought;
    • (q) Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived; and
    • (r) The application is to be signed by the applicant or owner.
• D. Review and disposition. Within 10 days of receipt of a request for dimensional modification, the Zoning Official shall make a decision as to the suitability of the requested modification based on the following determinations:
  • (1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;
  • (2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
  • (3) The modification requested is in harmony with the purposes and intent of the Comprehensive Plan and this Zoning Ordinance;
  • (4) The modification requested does not require variance of a flood hazard requirement; and
  • (5) The modification requested does not result in a violation of the Building Code.
• E. Notice. Upon determining that the modification is appropriate, the Zoning Official shall notify the applicant who shall thereafter send by both first-class mail, postage prepaid and by certified mail, return receipt requested, a notice to all property owners abutting the property which is subject of the modification request, and such notice shall indicate the street address of the subject property in such notice which shall also be published in a newspaper of general circulation within Westerly that such a modification will be granted unless written objection is received within 30 days of such public notice or written notice by mail, whichever is later in time. Such notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. Applicant or its legal representative shall file with the Zoning Official a notarized affidavit that the notice provisions have been complied with. If written objection is received within the 30 days, the request for a modification shall be denied. In that case, the modification requested will be considered a request for variance which must be submitted to the Zoning Board of Review and reviewed in accordance with § 260-33. If no written objection is received within the 30 days, the Zoning Official shall grant the modification. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
• F. Conditions. The Zoning Official may apply such conditions to the modification as may, in the opinion of the Official, be required to conform to the intent and purposes of this Zoning Ordinance.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• G. Records/recording. The Zoning Official shall keep public records of all requests for modification, and of findings, determinations, special conditions, and any objections received and shall also record the decision evidencing the granting of any modification with the land records of the Town.

• A. Vested rights. An applicant shall have a vested right to have a development application reviewed and approved in accordance with the provisions of the Zoning Ordinance in effect at the time that the application for development was submitted if the application meets all of the submittal requirements of the Zoning Ordinance under which it was submitted or was accepted as substantially complete by the Board to which it was submitted.
• B. Time limits for development. The vested rights created by this section shall terminate unless construction of the project shall begin within nine months of the date of final approval and shall be substantially completed within two years of the commencement date of construction; provided, however, that these time periods shall not include time taken for the issuance of required state permits or approvals when evidence exists demonstrating that applications for such permits and/or approvals have been timely made and are pending.

• A. Continuance of nonconformance. Any structure or the use of any structure or land which structure or use was lawful at the date of enactment of this Zoning Ordinance and which is nonconforming under the provisions of this Zoning Ordinance, or which will be made nonconforming by any subsequent amendment, may be continued subject to the following provisions.

  [Amended 10-26-2020 by Ch. No. 1997]

• B. Nonconforming uses. Nonconforming uses of land, a building or a structure, are governed by the following:

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) Repairs and alterations. A building or structure devoted to a nonconforming use may be repaired, maintained or improved, provided that the number of square feet of floor area devoted to the nonconforming use is not increased.
  • (2) Change in use. A nonconforming use may be changed only by special use permit, provided that such change shall more closely adhere to the intent and purposes of the Zoning Ordinance as provided in R.I.G.L. 45-24-40 entitled, "General Provisions - Alteration of Nonconforming Development". A nonconforming use may not be changed to a more intensive nonconforming use.
  • (3) Abandonment.
    • (a) If a nonconforming use is abandoned, all subsequent uses of a building or property shall conform to the provisions of this Zoning Ordinance. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which evidences the owner's lack of intent to continue the nonconforming use and is not refuted by any demonstration on the part of the owner of an intent not to abandon the use. An involuntary interruption of nonconforming use, as by fire, flood or natural catastrophe, does not establish the intent to abandon the nonconforming use, if the use of land, a building, or a structure is reestablished within one year of the event. If any nonconforming use ceases for a period of one year or more, the owner will be presumed to have abandoned the nonconforming use unless such presumption is rebutted by substantial evidence of intent not to abandon the use.
    • (b) In discussing if a preexisting nonconforming use has been abandoned, the Zoning Official, and Zoning Board when necessary, may consider the following:
      • [1] Voluntary demolition of the building or structure;
      • [2] Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the use;
      • [3] Failure to maintain the land, building, structure or sign in habitable, usable or safe condition;
      • [4] A change in the use of the building, structure, or land to another use;
      • [5] The voluntary interruption of a nonconforming use of any parcel of land, or portion thereof;
      • [6] Failure to apply for or lapse of any permits, licenses or certifications required for continuation of the use, or failure to appeal any denial of any such permit, license or certification within 12 months of any such lapse or denial.
• C. Dimensional nonconformance of structures. All buildings or other structures which are nonconforming by dimension are governed by the following:

  [Amended 5-9-2005 by Ch. No. 1538; 10-26-2020 by Ch. No. 1997]

  • (1) Expansion. A structure which does not conform to the dimensional standards of this Zoning Ordinance may not be expanded, enlarged, or increased, including vertically, in any way that would increase the nonconformance of the structure without first obtaining a variance, except where the building footprint and the building envelope of such addition or enlargement itself conforms to all of the dimensional regulations of the zone in which the building or structure is located, in which case an owner/applicant does not need to apply for a variance.
  • (2) Destruction or demolition. A nonconforming structure which is destroyed or damaged by any means which is beyond the control of the owner shall be rebuilt or restored within one year, or thereafter conform to the dimensional provisions of this Zoning Ordinance. If a nonconforming building or structure is demolished or removed by or for its owner, it shall not be rebuilt or replaced except in conformity with the dimensional requirements of this Zoning Ordinance.
  • (3) Use of nonconforming structure. Notwithstanding any dimensional requirements of this Zoning Ordinance, a nonconforming structure may be used for any use allowed in the zoning district where it is located unless the regulations regarding the use contain specific dimensional requirements peculiar to the use which cannot be met in the existing structure or on the existing lot.
  • (4) Vertical addition.
    • (a) A structure which does not conform to the dimensional standards of this Zoning Ordinance may be expanded vertically in accord with the procedure and standards for a dimensional modification under § 260-30, without regard to any limitations in § 260-30, if it also meets the following criteria:
      • [1] The structure's dimensional nonconformity is not expanded, enlarged or increased by the addition.
      • [2] The addition is vertical only.
      • [3] The expansion is for a permissible use within the zone.
      • [4] The addition conforms to the height restrictions within the zone.
    • (b) The application shall include a site plan and survey showing the structures on the subject lot as well as each abutting lot, which site plan and survey shall be stamped and dated by a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license.
• D. Extension or addition to a nonconforming use. A legal nonconforming use shall be extended or added to only by special use permit; such expansion shall not exceed 25% of the floor space or area use of the use at the time the passage of this subsection or any predecessor ordinance first made the use nonconforming. A nonconforming use shall not be expanded onto land other than the zoning lot on which it exists at the time of passage of this subsection. Expansion of a nonconforming structure shall conform to the dimensional regulations of the zoning district in which it exists. Where a use already in existence at the time of passage of this subsection is, under the chapter, only permitted by special use permit, the use shall be considered nonconforming and a special use permit shall be required for any extension or addition to the same.

  [Added 5-9-2005 by Ch. No. 1538]

  Editor's Note: This chapter also redesignated existing Subsections D through F as E through G, respectively.

• E. Nonconforming lots of record. Nonconforming lots of record shall be governed by the following:
  • (1) Protection. A nonconforming lot of record, lawfully created in accordance with the Zoning Ordinance in effect at the time of the deed or plat creating the lot, or lawfully created by deed or plat prior to the enactment of any Zoning Ordinance, and not made more nonconforming since by any voluntary conveyance, may be built upon so long as dimensional requirements other than minimum lot size and minimum frontage requirements are met.
  • (2) Merger. If two or more undeveloped contiguous lots of record are in single ownership at the time of adoption or amendment of this Zoning Ordinance, or at any time thereafter, and if all or part of the lots do not meet the minimum lot size or frontage requirement of this Zoning Ordinance, the lands involved shall be considered to be a single parcel for the purposes of this Zoning Ordinance, and no portion of said parcel shall be built upon which does not meet the minimum lot size and frontage requirements of this Zoning Ordinance; nor shall any division of the parcel be made which creates any dimension or area less than the requirements of this Zoning Ordinance. Notwithstanding the foregoing, this provision shall not apply to lots within an approved subdivision which meet the minimum dimensional and area requirements of the least restrictive zoning district under this chapter.
• F. Variances and special permit uses not deemed nonconformances. The provisions of this section regarding nonconformances shall not be applicable to uses established by variance or special use permit.
• G. Nuisances not deemed nonconformances. No use which constitutes a nuisance as defined in this chapter shall be treated as a nonconformance, and no use shall be deemed to be exempt from the standards and requirements set forth in § 260-93.

[Amended 5-15-2000 by Ch. No. 1300; 2-10-2003 by Ch. No. 1432; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. Application.
  • (1) An application for relief from the literal requirements of a Zoning Ordinance because of hardship may be made by any person, group, agency or corporation with a legal interest in the land to which it applies by filing in the office of the Zoning Official an application describing the request, together with the pertinent application fee.
  • (2) The form and such data and/or evidence which comprise such an application shall be as set forth in forms provided by the Zoning Official.
    • (a) The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII, Appeals, of the Zoning Ordinance.
    • (b) Each application for a variance shall, at a minimum, require the following items be submitted:
      • [1] The original application and 10 copies of a site plan prepared by and signed and stamped by a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
        • [a] Name and address of property owner(s);
        • [b] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
        • [c] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
        • [d] Existing and proposed structures, and their relationship and distances from lot boundary lines;
        • [e] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
        • [f] Existing and proposed topography at two-foot intervals;
        • [g] Existing and proposed driveways, parking areas and walkways;
        • [h] Existing and proposed landscaping, as it relates to the request;
        • [i] Existing streets, 911 address, wells, septic system; and
        • [j] Any peculiar site conditions or features.
      • [2] List of names and addresses of all property owners within 200 feet of the subject property, and 10 copies of a separate map showing all property owners within 200 feet of the subject property and/or all those property owners and entities that require notice under R.I.G.L. § 45-24-53, also depicting any zone district boundary and uses of all neighboring properties;
      • [3] Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required;
      • [4] Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application;
      • [5] Soil erosion and stormwater control plan with supporting calculation based on standards approved by the USDA Natural Resources Conservation Service and in conformity with the Rhode Island Erosion and Sediment Control Handbook;
      • [6] Traffic study prepared by a professional engineer addressing the potential impacts of the proposed activity; and
      • [7] Evidence that there is sufficient water supply to support the proposed activity and that this supply is of drinking water quality.
    • (c) Each application form for a variance shall, at a minimum, require the following:
      • [1] Name and address of applicant, property owner, and lessee;
      • [2] Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address;
      • [3] Zoning district the lot is located in;
      • [4] Dimensions of the lot, in feet, to include frontage, depth, and area;
      • [5] Present and proposed use of the lot;
      • [6] Identification of all structures on the lot, including their size in feet;
      • [7] How long the current owner has owned the lot;
      • [8] The year that the lot was platted and recorded;
      • [9] Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application;
      • [10] Whether you have submitted plans related to this request to the Zoning Official;
      • [11] Whether you have requested a permit related to this request and if so whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached;
      • [12] The number of families to reside on the lot;
      • [13] A description of the proposed alterations;
      • [14] Identification of the section of the Zoning Ordinance under which this application is filed;
      • [15] A specific identification of the relief sought;
      • [16] A specific statement of the grounds for which the relief is sought;
      • [17] Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived;
      • [18] The application is to be signed by the applicant or owner.
  • (3) Upon receipt of a completed application and all required submissions, the Zoning Official shall:
    • (a) Transmit a copy to the Zoning Board and Town Planner;
    • (b) Order the matter for advertisement in accord with the Rhode Island General Laws and Zoning Ordinance for the next practicable meeting of the Zoning Board; and
    • (c) Notify the applicant that the application has been determined complete and the date it is scheduled to be heard by the Zoning Board.
  • (4) The Zoning Board shall have the authority to require additional materials reasonably related to its analysis of the application.
• B. Planning Board recommendations. The Zoning Board and/or Zoning Official may request that the Planning Board and/or Town Planner report its findings and recommendations, including a statement on the general consistency of the application with the goals and policies of the Comprehensive Plan of the Town of Westerly. The Planning Board or Town Planner's recommendation shall be in writing and submitted within 30 days of receipt of the request.
• C. Notice and hearing. The Zoning Board shall hold a public hearing on any application for variance in an expeditious manner after receipt in proper form of a complete application, and shall give public notice thereof of at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by the applicant by first-class mail, postage prepaid, to all owners of real property or other entities which would require notice under R.I.G.L. 45-24-53 at least 14 days prior to the date of the hearing. Notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records, and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. Said notice shall include the street address of the property for which the variance is sought. Prior to the hearing, the applicant or its legal representative shall file with the Board a notarized affidavit that the notice provisions have been satisfied. The cost of notification shall be borne by the applicant.
• D. In granting a variance, the Zoning Board shall require that evidence satisfying the following standards be entered into the record of the proceedings:
  • (1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;
  • (2) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
  • (3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which this chapter is based; and
  • (4) That the relief to be granted is the least relief necessary.
• E. The Zoning Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings that:
  • (1) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
  • (2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
• F. Expiration of variance approval. Any variance granted under the provisions of this chapter shall become void unless the work authorized by said variance shall have commenced nine months after the granting of the variance by the Zoning Board of Review and shall be substantially complete within two years of the commencement of the date of construction; provided, further, that such variance shall be void if the work authorized by said variance is suspended or abandoned for a period of six months after the time such work was commenced. Said nine-month period shall not include time taken for the issuance of required state permits or approvals when evidence exists demonstrating that applications for such permits and/or approvals have been timely made and are pending.
• G. Unless otherwise stated in this chapter, the Zoning Board of Review may issue a dimensional variance in conjunction with a special use permit. If the special use could not exist without the dimensional variance, the Zoning Board shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

• A. Application.
  • (1) An application for a special use permit may be made by any person, group, agency or corporation with a legal interest in the land to which it applies by filing in the office of the Zoning Official an application describing the request, together with the pertinent application fee.
  • (2) The form and such data and/or evidence which comprise such an application shall be as set forth in forms provided by the Zoning Official.
    • (a) The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII, Appeals, of the Zoning Ordinance.
    • (b) Each application for a special use permit shall, at a minimum, require the following items be submitted:
      • [1] The original application and 10 copies of a site plan prepared by, and signed and stamped by, a land use design professional such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
        • [a] Name and address of property owner(s);
        • [b] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
        • [c] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
        • [d] Existing and proposed structures, and their relationship and distances from lot boundary lines;
        • [e] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
        • [f] Existing and proposed topography at two-foot intervals;
        • [g] Existing and proposed driveways, parking areas and walkways;
        • [h] Existing and proposed landscaping, as it relates to the request;
        • [i] Existing streets, 911 address, wells, septic system; and
        • [j] Any peculiar site conditions or features.
      • [2] List of names and addresses of all property owners within 200 feet of the subject property, and 10 copies of a separate map showing all property owners within 200 feet of the subject property and/or all those property owners and entities that require notice under R.I.G.L. § 45-24-53, also depicting any zone district boundary and uses of all neighboring properties;
      • [3] Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required;
      • [4] Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application;
      • [5] Soil erosion and stormwater control plan with supporting calculations based on standards approved by the USDA Natural Resources Conservation Service and in conformity with the Rhode Island Erosion and Sediment Control Handbook;
      • [6] Traffic study prepared by a professional engineer addressing the potential impacts of the proposed activity; and
      • [7] Evidence that there is sufficient water supply to support the proposed activity and that this supply is of drinking water quality.
    • (c) Each application form for a special use permit shall, at a minimum, require the following:
      • [1] Name and address of applicant, property owner, and lessee;
      • [2] Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address;
      • [3] Zoning district the lot is located in;
      • [4] Dimensions of the lot, in feet, to include frontage, depth, and area;
      • [5] Present and proposed use of the lot;
      • [6] Identification of all structures on the lot including their size in feet;
      • [7] How long the current owner has owned the lot;
      • [8] The year that the lot was platted and recorded;
      • [9] Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application.
      • [10] Whether you have submitted plans related to this request to the Zoning Official;
      • [11] Whether you have requested a permit related to this request and if so whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached;
      • [12] The number of families to reside on the lot;
      • [13] Identification of the section of the Zoning Ordinance under which this application is filed;
      • [14] A specific identification of the relief sought;
      • [15] A specific statement of the grounds for which the relief is sought;
      • [16] Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived;
      • [17] The application is to be signed by the applicant or owner.
  • (3) Upon receipt of a completed application and all required submissions, the Zoning Official shall:
    • (a) Transmit a copy to the Zoning Board and Town Planner;
    • (b) Order the matter for advertisement in accord with the Rhode Island General Laws and Zoning Ordinance for the next practicable meeting of the Zoning Board; and
    • (c) Notify the applicant that the application has been determined complete and the date it is scheduled to be heard by the Zoning Board.
  • (4) The Zoning Board shall have the authority to require additional materials reasonably related to its analysis of the application.
• B. Planning Board recommendations. The Zoning Board and/or Zoning Official may request that the Planning Board and/or Town Planner report its findings and recommendations on the special use permit, including a statement on the general consistency of the application with the goals and policies of the Comprehensive Plan of the Town. The Planning Board or Town Planner's recommendation shall be in writing and submitted within 30 days of receipt of the request.
• C. Notice and hearing. The Zoning Board shall hold a public hearing on any application for a special use permit in an expeditious manner after receipt in proper form of a complete application, and shall give public notice thereof of at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by the applicant by first-class mail, postage prepaid, to all owners of real property and to all who would require notice under R.I.G.L. 45-24-53, at least 14 days prior to the date of the hearing. Notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records, and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. Said notice shall include the street address of the property for which the special use permit is sought. Prior to the hearing, the applicant or its legal representative shall file with the Board a notarized affidavit that the notice provisions have been satisfied. The cost of notification shall be borne by the applicant.
• D. In granting a special use permit, the Zoning Board shall be satisfied by legally competent evidence that the proposed use and/or structure:
  • (1) Will be compatible with the neighboring uses and will not adversely affect the surrounding neighbors' use and enjoyment of their property.
  • (2) That the special use meets all of the criteria set forth in the applicable subsection of this chapter authorizing such special use;
  • (3) That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan of the Town. In so doing, the Board shall consider, whether satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:
    • (a) Ingress and egress to the lot and to existing or proposed structures thereon, traffic flow and control, and access in case of fire, emergency or catastrophe;
    • (b) Off-street parking and loading areas, pedestrian and bicycle circulation and convenience;
    • (c) The noise, glare or odor effects of the special use on adjoining lots;
    • (d) Location and maintenance of trash, storage and delivery areas;
    • (e) Utilities, with reference to locations, availability and compatibility;
    • (f) Screening and buffering with reference to type, dimensions and character;
    • (g) Signs, if any, and exterior lighting with reference to glare, traffic safety, and compatibility and harmony with lots in the zoning district;
    • (h) Required yards, landscape and other open space;
    • (i) Soil erosion, water supply protection, and wetland and wildlife protection have been addressed;
    • (j) General compatibility with lots in the same or abutting zoning districts; and
    • (k) Protection of property values.
  • (4) That all best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town, and the environment have been considered and will be employed.

• A. Special conditions authorized. In making any determination upon which it is required to pass after public hearing under this chapter, the Planning Board and the Zoning Board of Review may apply such special conditions that may, in the opinion of the pertinent Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter. Failure to abide by any special conditions attached to a variance, special permit, or development plan approval shall constitute a zoning violation. Special conditions shall be based on competent credible evidence on the record and be incorporated into the written decision.
• B. Special conditions may include but are not limited to provisions for:
  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
  • (2) Controlling the sequence of development, including deadlines for commencement and completion;
  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
  • (4) Assuring satisfactory installation and maintenance of required public improvements, which shall be constructed in accordance with the accepted standards and specifications of the Town and may include the following:
    • (a) Right-of-way improvements to include pavement widening, curb, gutter, sidewalks and street lights;
    • (b) Adequate sewage collection and disposal facilities including the provision of manholes or the construction or upgrading of pump stations;
    • (c) An adequate water supply and distribution system for both fire protection (including hydrants) and potable purposes;
    • (d) Improvements to traffic flow and circulation, to include turn and bypass lanes, signalization, pavement markings, and other traffic control measures;
    • (e) Drainage improvements for the disposition of storm or natural waters to avoid a detrimental impact on the property of others or the public right-of-way;
    • (f) Screening, fences, walls or berms where required by other sections of this chapter;
    • (g) Driveways and entrances to streets for both pedestrian and vehicular access;
    • (h) Temporary or permanent erosion and sediment control measures; and
    • (i) Easements for the purpose of adequate ingress/egress or the provision of public utilities such as water and sewer.
  • (5) Designating the exact location and nature of development; and
  • (6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

Any decision by the Zoning Board including any special conditions attached thereto shall be mailed to the applicant and in addition any decision evidencing the granting of a variance or special use permit shall be recorded with the land records of the Town.

• A. Preapplication conferences authorized. The applicant or their agent is encouraged to conduct a preapplication conference with the Planning Board, the Zoning Board of Review and/or Town Council (individually or collectively) for purposes of previewing development proposals prior to submission of applications for development plan review and /or special use permit and/or Zoning Ordinance amendments. A preapplication conference is intended to allow the following:
  • (1) Acquaint the applicant with the Comprehensive Plan, this chapter and any other regulation or ordinance that may be applicable to the proposed project;
  • (2) Suggest improvements to the proposed design on the basis of review of sketch plans;
  • (3) Advise the applicant to consult appropriate authorities regarding the character and placement of public utility services; and
  • (4) Inform the applicant regarding application and approval procedures.
• B. Preapplication conferences nonbinding. Preapplication conferences are for informational purposes only and no statement made, nor any information withheld or erroneously given shall be binding on the Town or any board or employee in its deliberations on an application before them.

• A. Administrative appeal. An appeal from any decision of an administrative official or agency or a board charged with the implementation of this chapter may be taken by an aggrieved party to the Zoning Board of Review.
• B. Judicial appeal. An appeal from a decision of the Zoning Board of Review may be taken by an aggrieved party to the Superior Court for Washington County; an appeal from a decision of the Town Council adopting or amending this Zoning Ordinance may be taken by an aggrieved party or by any legal resident or landowner of the Town or any association of residents or landowners of the Town to the Superior Court of Washington County.

• A. Time for appeal. An appeal to the Zoning Board of Review shall be taken within 30 days of the date of public notice of the decision by the administrative official or agency or board.

  [Amended 10-26-2020 by Ch. No. 1997]

• B. Filing of appeal. An appeal shall be commenced by filing with the administrative official or agency or board from whom the appeal is taken and with the Zoning Board of Review a notice of appeal specifying the grounds thereof, together with payment of the pertinent fee.

  [Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

  • (1) Each application for an appeal shall, at a minimum, require the following items be submitted:
    • (a) Copies of all documents filed with the local official or local agency from which the appeal is taken;
    • (b) Copies of all decisions of the official or agency from which the appeal is taken;
    • (c) The record of any proceeding from which the appeal is taken; and
    • (d) List of names and addresses of all property owners within 200 feet of the subject property and 10 copies of a map indicating all property owners within 200 feet of the subject property and/or all those property owners and entities which require notice under R.I.G.L. § 45-24-53 and § 260-41B of the Zoning Ordinance. Said map shall also depict any zoning district boundaries.
  • (2) Each application form for an appeal shall, at a minimum, require the following:
    • (a) Name and address of applicant, property owner, and lessee;
    • (b) Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address;
    • (c) Zoning district the lot is located in;
    • (d) Dimensions of the lot, in feet, to include frontage, depth, and area;
    • (e) Present and proposed use of the lot;
    • (f) Identification of all structures on the lot, including their size in feet;
    • (g) How long the current owner has owned the lot;
    • (h) The year that the lot was platted and recorded;
    • (i) Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application;
    • (j) Identification of the section of the Zoning Ordinance under which this application is filed;
    • (k) A description of the proposed alterations;
    • (l) A specific identification of the relief sought by this appeal;
    • (m) A specific statement of the grounds for which the appeal is filed; and
    • (n) The application is to be signed by the applicant or owner.
• C. Transmission of record. The administrative official or agency or board from whom the appeal is taken shall forthwith transmit to the Zoning Board of Review all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official or the agency or board from whom the appeal is taken certifies to the Zoning Board of Review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the opinion of the official, agency or board cause immanent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application therefor and upon notice to the administrative official or the agency or board from whom the appeal is taken on due cause shown.

[Amended 5-15-2000 by Ch. No. 1300]

• A. Public hearing required. Prior to disposition of an appeal by the Zoning Board of Review, a duly noticed public hearing shall be held at which opportunity shall be given to the parties to the appeal. Each party to the appeal shall have the right to be represented by an attorney, to present evidence directly and through witnesses, and to cross-examine other parties and their witnesses.
• B. Notice. Public notice shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of the hearing shall be sent by the appellant by both first-class mail, postage prepaid and by certified mail, return receipt requested, to the parties of interest at least 14 days prior to the date of hearing. Notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records, and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. All notices shall state the name of the party taking the appeal, the title of the official or agency whose decision is being appealed, the substance of the decision appealed from, the street address of the subject property, and the date, time, and place of the initial public hearing. Prior to the hearing, appellant or its legal representative shall file with the Board a notarized affidavit that the notice provisions have been satisfied. The cost of the notification shall be borne by the party taking the appeal.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• C. Review and disposition. The Zoning Board of Review shall act upon all appeals before it in accordance with the following:
  • (1) The public hearing shall be held within a reasonable time of the filing of the appeal with the Zoning Board of Review. The public hearing shall be held open until all parties have been given an opportunity to present their evidence and legal arguments.
  • (2) The Zoning Board of Review, within 45 days of the close of the public hearing, shall deliberate at a meeting open to the public as to whether the appeal shall be granted and, if so, what disposition shall be made.
  • (3) The decision of the Zoning Board of Review shall be in writing and shall set forth the evidence presented at hearing and taken from the record presented by the administrative official or the agency whose action is being appealed from upon which it bases its decision. The written decision shall include all findings of fact and shall show the vote of each member participating in the decision, the absence of any member, and the failure of any member present to vote.

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

In exercising its powers, the Zoning Board of Review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the administrative official or agency from whom the appeal was taken. All decisions and records of the Zoning Board of Review respecting an appeal shall conform to the provisions of RIGL 45-24-61.

Appeals from actions of the Zoning Board of Review or of the Town Council to the Superior Court for Washington County shall be taken in accordance with the applicable provisions of state law.

[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 12-13-2004 by Ch. No. 1520; 5-22-2006 by Ch. No. 1575; 9-11-2006 by Ch. No. 1580; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. Intent. The purpose of this section is to preserve the Town's natural environment, enhance its built environment, improve its visual character, and sustain a high quality of life through review of plans for new development and redevelopment of existing uses. High standards of design; landscaping (including landscaped parking lots); improved community appearance; preservation and protection of environmental quality; buffering and screening of conflicting land uses from other land uses and from public streets; and traffic and pedestrian safety are goals to be achieved through development plan review.
• B. New or redeveloped uses, activities or facilities requiring development plan review by the Planning Board include:
  • (1) Construction of any new multifamily residential structure, or combination of structures, with three or more units, except for those projects that require review under R.I.G.L. § 45-23-38 or 39.
  • (2) Construction of any new commercial, industrial, or mixed-use structure or combination of structures, with a gross floor area of 1,000 square feet or more, except for those projects that require review under R.I.G.L. § 45-23-38 or 39.
  • (3) Construction of any addition or expansion of impervious surface of at least 1,000 square feet or 25% of the impervious surface, whichever is less, to an existing multifamily, commercial, industrial, or mixed-use structure, or combination of structures.
  • (4) New development, or the redevelopment, reconstruction, relocation, or enlargement of an off-street parking area or loading facility.
• C. Exempt activities. Development plan review by the Planning Board shall not be required for the following activities:
  • (1) Any activity associated with a change of use of any land or any structure if such a change:
    • (a) Does not involve physical alteration of the land; or
    • (b) Involves interior modifications to a building only; or
    • (c) Involves exterior modifications to a building which results in an increase in the area of the lot which is covered by impervious surface of less than 1,000 square feet or 25% of the impervious surface, whichever is less.
  • (2) Single or two-household detached residential structures, and subdivisions that require review under R.I.G.L. § 45-23-38 or 39.
  • (3) Upon the written decision of the Town Planner finding that the change in use or occupancy and construction will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan review, and that the existing facilities do not require upgraded or additional site improvements to become or remain consistent with this section.
• D. Administrative review.
  • (1) A zoning submittal application and the written opinion of the Zoning Officer shall precede any development plan review application. The Office of Planning shall provide the necessary forms for development plan review and shall review the plans for completeness. Before submitting a development plan, an applicant may meet with a staff member of the Planning Office to discuss the proposed project, and to establish which of the requirements set forth in the Development Plan Review Checklist are applicable. The required contents of the development plan submission will depend on the scope and complexity of the proposed project, as determined by the Town Planner. This provision does not affect the authority of the Planning Board to request additional information or documentation from the applicant. The application fee for development plan review shall be equal to $500 plus $20 per commercial/residential unit.
  • (2) At the discretion of the Town Planner, an application will be certified as complete. A complete application shall be referred by the Town Planner to the Zoning Officer, Town Engineer and utilities, other boards and public safety personnel for review and comment as applicable.
  • (3) Any application for development plan review which includes new construction including additions, signs and other advertising features, exterior lighting and/or landscaping shall first be reviewed by the Architectural Review Board (ARB). Such review by the ARB shall be advisory to the Planning Board, Zoning Board and other permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F.
• E. Planning Board action.
  • (1) Any development or redevelopment permitted under the Zoning Ordinance and requiring development plan review under this section may be either approved, approved with conditions, or denied on the merits of the proposed plan by the Planning Board. Unless the Planning Board decision is advisory to the Zoning Board, the written decision of the Planning Board shall be recorded in the land evidence records within 20 days of the Planning Board vote. The decision of the Planning Board may be appealed to the Zoning Board within 30 days of the date the decision is recorded.
  • (2) Any development or redevelopment that also requires a variance, special use permit, Zoning Ordinance amendment or Zoning Map change shall complete development plan review by the Planning Board prior to the hearing of the permitting authority. Development plan review by the Planning Board shall be advisory to the permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F and the Comprehensive Plan. Under these circumstances the decision of the Planning Board cannot be appealed.
  • (3) Final development plan review approval shall be provided by the Town Planner. If a development proposal is modified by the Zoning Board or other local or state permitting authority, the Town Planner may grant final approval upon finding that all revisions are done in accordance with the provisions of this chapter and with any conditions to which the original approved plan is subject. However, any revision to a development plan determined by the Town Planner to be a substantial modification will require submission of an application for final plan approval by the Planning Board. Whether approved administratively by the Town Planner or by the Planning Board, the application fee for final approval shall be $100.
• F. Standards for development plan review. In addition to the appropriate standards set forth in Article XI and Article XII, the following standards shall be applied by the Town Planner and the Planning Board for review and disposition of applications for development plan approval. The Town Planner may waive any standards that are not applicable to the application. Development plan approval shall be granted unless the development plan fails to meet one or more of the following standards.
  • (1) Relation of proposed buildings, structures and appurtenances to those in the vicinity. The design and layout of the buildings, other structures and appurtenances shall be harmonious with the terrain and with existing buildings in the vicinity. In the review by the ARB and Planning Board, visual compatibility, not uniformity, with the surrounding area shall be emphasized, with attention given to the scale (mass), height, and proportions of the proposed buildings and other structures, the nature of the setbacks and open spaces surrounding the buildings, the design of the buildings (including roof style, facade, architectural style and detailing), and building materials. If the proposed buildings, structures and appurtenances are within an historic district or within 200 feet of an historic property or historic district boundary, the ARB and Planning Board shall consider the effect which the proposed development will have on the historic resources. In conducting its development plan review of oceanfront historic hotels, in addition to obtaining the recommendations of the Rhode Island Historical Preservation and Heritage Commission, the Planning Board shall engage one expert and may engage up to three experts in historical preservation and architecture as consultants, at the expense of the applicant, for advice in reviewing the development plan's consistency with these standards.
  • (2) Vehicular access. The proposed layout of access points shall be designed to avoid multiple curb cuts and unnecessary adverse impacts on existing vehicular, bicycle and pedestrian traffic patterns. Consideration shall be given to the location, number and limitation of access points, bike lane/sidewalk location and accessibility, capacity of adjacent streets, traffic flow, site distances, turning lanes, directional signage and existing or proposed traffic signalization. Provisions shall be made for safe emergency vehicle access to all buildings and structures on the site. Development plan approval shall be conditioned on the receipt of necessary alteration permits and access easements.
  • (3) Parking and interior circulation. The layout and design of vehicular, bicycle and pedestrian circulation on the parcel, including walkways, interior drives, and parking areas shall be safe and convenient and, insofar as practicable, enhance the pedestrian use within the parcel and of the vicinity through connections to sidewalks, bike lanes, walking trails, and adjacent parcels. Particular attention shall be given to safe separation of pedestrian and vehicular traffic, service and truck traffic, drive-up facilities, loading areas, handicap accessibility, bicycle racks and the arrangement and use of parking areas.
  • (4) Surface water drainage.
    • (a) Adequate provision shall be made for surface drainage so that modifications of surface water drainage will not adversely affect neighboring properties, downstream conditions, or the public storm drainage system. Stormwater runoff shall be held to a zero-percent off-site increase after development. The intent is to adequately control the flow rate, total volume, and velocity of stormwater drainage. On-site infiltration shall be utilized to minimize discharges and reduce pollutant loads whenever possible. Consideration should also be given to the existing surface water drainage contributing to the natural hydrology of wetlands and watercourses on adjacent properties. Modifications to surface water drainage should not result in significant adverse impacts to the hydrologic regime of surrounding water resources (i.e., duration and depth of inundation in wetlands, periodicity, discharge, and/or velocity of flow in watercourses).
    • (b) All development shall be required to meet the provisions of Chapter 224, Stormwater Management. All drainage calculations shall be based on a twenty-five-year storm frequency. Emphasis shall be placed on the protection of the waters of the Pawcatuck River, floodplains, coastal waters, salt ponds, wetlands and preservation of stream corridors. Maintenance procedures shall be reviewed to determine the adequacy of stormwater management and its long-term viability. Development plan approval shall be conditioned on final approval and permitting of a stormwater management plan and certification of all stormwater infrastructure.
  • (5) Utilities. All utilities included in the development plan shall be reviewed by the Department of Public Works as to their adequacy, safety, and impact on Town services and facilities and surrounding properties. The development plan shall show what provisions are proposed for water supply, wastewater, and solid waste disposal. Whenever feasible, all electric, telephone, fiberoptic and other utility lines shall be installed underground. Any utility installations aboveground shall be located to have minimum negative impact on the site and the vicinity. Development plan approval shall be conditioned on final approval and permitting of water supply, wastewater, and solid waste disposal by appropriate authority.
  • (6) Signs/other advertising features. The size, location, design and lighting of all exterior signs and advertising structures or features shall meet the requirements of the Zoning Ordinance or obtain relief from the Zoning Board including § 260-86. The ARB shall review all signage packages for multi-occupant developments as required by § 260-86 and ensure signs and other advertising features do not detract from the layout of the site, the design of proposed buildings and structures or those in the vicinity and shall not interfere with safe vehicular or pedestrian circulation. Development plan approval shall be conditioned upon the receipt of a sign permit and zoning relief.
  • (7) Exterior lighting. All exterior lighting shall be designed to encourage energy efficiency, to ensure safe movement of people and vehicles, and to minimize adverse impact on neighboring properties and public ways.
  • (8) Landscaping. Landscaping shall be designed to ameliorate the appearance of off-street parking areas, to enhance the appearance of the site, reduce air and noise pollution and to minimize any negative visual impact of the development on neighboring properties and on public ways. Attention shall be paid to the use of plantings to break up parking areas, and other grade changes shall be in harmony with the general character of adjacent properties and neighboring uses. Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, and for buffering and screening of conflicting land uses from other land uses and from public streets. Parking lot landscaping is also required for heat mitigation, stormwater management, defining circulation and to break up large expanses of pavement.
  • (9) Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, potential hazardous materials, utility buildings and structures, protective fencing, retaining walls and similar accessory uses and structures shall be subject to such construction and screening methods as may reasonably be required to minimize their negative impact on the site and surrounding properties and public ways.
  • (10) Environmental factors. Protection, impact mitigation, and enhancement of environmentally sensitive areas shall be addressed by the applicant as part of the development application. Environmentally sensitive areas include, but are not limited to, the Pawcatuck River, the salt ponds, Little Narragansett Bay, woodland areas, agricultural soils, unique vegetation, flood hazard areas, wetlands, steep slopes and rare and endangered species. Wherever possible, the proposed development project shall be designed to use sensitive areas as visual or recreational open space, greenways or undisturbed space. A development plan shall not be approved if it would result in water pollution, damage to shoreline vegetation, or inhibition of public access to waters. All bioretention shall be conducted in accordance with the performance standards described in § A261-30.1.
• G. Recording and expiration of development plan approval. A decision of the Planning Board and final approval of the Town Planner on the development plan shall be recorded in the Land Evidence Records. Unless the use of the land has commenced, or a building permit is issued, within one year from the date of final approval, said approval shall expire. Upon the request of the applicant, approval of the development plan may be extended for up to two additional one-year periods if all factors of the original development plan review are the same and the applicant requests extension prior to the expiration of the original approval period.

[Added 10-26-2020 by Ch. No. 1997]

The Planning Board is hereby authorized to act on land development projects in accordance with Title 45, Chapter 23, of the Rhode Island General Laws, through the requirements and procedures of Chapter A261, Land Development and Subdivision Regulations. Compliance with the standards for development plan review adopted pursuant to § 260-45F shall be considered by the Planning Board in conjunction with the required findings in § A261-14.

• A. Purpose. The purpose of these cluster development regulations is to provide for the following:
  • (1) To achieve high quality, affordable housing for present and future generations.
  • (2) To protect and preserve sensitive natural resources and areas.
  • (3) To achieve development and population densities that are consistent with the Comprehensive Plan, and with existing densities of development and that do not overburden the Town's public services.
  • (4) To permit flexibility in site design and road system design to avoid conflicts and to utilize buildable land efficiently and aesthetically.
  • (5) To provide open space areas and recreational amenities consistent with the Comprehensive Plan and established planning principles.
  • (6) The purpose and objectives of this section are to be realized through flexibility in lot areas and dimensions, preservation and dedication of open space areas and innovative design that is clearly superior to conventional development techniques.
• B. Land use requirements. The following requirements should be applicable to all cluster development:
  • (1) Permitted areas. Cluster developments are permitted in Residential Districts in the RR-60, LDR-43, LDR-40 and MDR-30 Zoning Districts and only in accordance with the standards, requirements, and procedures established herein.
  • (2) Standards for approval. Cluster residential developments are allowed only when the developer can demonstrate that a cluster development would be a better use of the land than a conventional subdivision and is in the best interests of the Town.
  • (3) Permitted uses. Permitted uses in a cluster residential development shall be limited to single-family detached dwellings, playgrounds, recreation areas, parks, open spaces, and natural areas and uses and structures customarily accessory to single-family dwellings, including private garages, swimming pools, pool houses, recreational facilities and structures.
  • (4) Minimum land area. The minimum land area required for a cluster development shall be 10 acres; however, if a cluster development includes any private roads, the minimum land area required shall be 25 acres.
  • (5) Permitted number of dwellings. The maximum number of dwelling units in a cluster residential development shall not exceed the number computed by the following formula:
    • (a) Step 1: Deduct from the gross area of the property freshwater and coastal wetlands.
    • (b) Step 2: Deduct an additional 15% of the area of the property remaining after Step 1 as an allowance for streets and open space or recreation which would be present in a conventional subdivision.
    • (c) Step 3: Deduct the area of any existing utility easements within the property.
    • (d) Divide the remaining land resulting from Steps 1, 2, and 3 by 40,000 square feet, or the minimum lot size for the zoning district in which the tract lies, whichever is greater. The result of this calculation rounded to the nearest whole number is the number of dwellings permitted in the cluster development.
• C. Site development requirements. The following site development requirements shall apply to all cluster developments.
  • (1) Minimum building lot area. Each single-family detached dwelling in the cluster residential development shall be located on a lot having a minimum area of 10,000 square feet with a width at the building setback line of at least 80 feet.
  • (2) Building locations. Buildings shall be located in conformance with the following:
    • (a) All buildings adjacent to public streets shall comply with the front yard setback of the existing zone. All buildings adjacent to private streets shall comply with the front yard setback of the existing zone as measured from the edge of the road.
    • (b) There shall be a buffer of open space at least 75 feet wide around the entire perimeter of the cluster development to provide a visual and audio screen between the cluster development and adjacent land uses. This requirement may be reduced in the following circumstances: where the adjacent land is already open space and is likely to remain so, for example, because it is a privately or publicly owned park or wildlife sanctuary; or where there exists a substantial and lasting barrier which would serve as a buffer.
    • (c) All buildings shall be set back a minimum of 10 feet from any lot line within the cluster development.
    • (d) Each residential building shall be separated at least 25 feet from every other residential building or accessory building on a given lot.
    • (e) The maximum height of any structure in a cluster development shall be 35 feet.
  • (3) Open space. Open space shall be developed in accordance with the following:
    • (a) The cluster development shall be designed to provide open space that preserves natural resources, provides convenient access to dwellings, and acts as a buffer to adjacent land uses. Access to the open space shall be made available to all residents of the cluster development by providing suitable access corridors.
    • (b) All land that is not used or reserved for cluster dwellings, associated structures, recreation facilities, or roads shall be dedicated as open space. The applicant shall restrict the use of open space areas through the use of conservation restrictions. The developer may be required to provide recreation facilities within the open space proportional to the demand created by the cluster development. The developer may reserve the right to improve certain areas of open space with associated recreational facilities, provided that the improvements are intended for the sole use of the development occupants and their guests. The area so reserved may not exceed 10% of such open space.
    • (c) All open space provided in a cluster development for public or common use shall be conveyed either to a nonprofit land conservation organization, to an owners' association, or to the Town, which will accept it for park, open space, agricultural or other specific uses. Where said open space is conveyed to the Town, the Town shall be deemed to hold said conveyance for the benefit of the Town and the property owners within and abutting said cluster development, their heirs, successors and/or assigns and such conveyance shall not be released or modified in whole or in part without the unanimous consent of said property owners and the consent of the Town Council.
    • (d) In any case where open space is not conveyed to the Town in fee, a conservation restriction shall be given in the form of a development easement, granted to the Town with respect to such areas, provided that such land shall be kept in the condition(s) approved and shall not be built upon or developed except as provided in Subsection C(3)(b) above. The Town shall be deemed to hold such development easement for the benefit of the Town and the property owners within and abutting said cluster development, their heirs, successors and assigns, and such development easement shall not be released or modified in whole or in part without the unanimous consent of the property owners and the consent of the Town Council.
    • (e) If the open space is to be held by an owners' association, ownership of the open space subject to the development easement shall pass with the conveyance of lots or units. In such case, the developer must demonstrate suitable financial arrangements for the maintenance of the open space, which shall include a written agreement or contract to be executed between the developer and the Town, stating:
      • [1] That in the event of failure of the owners' association to maintain any common open space, recreation areas, landscaping features, or other required improvements, the Town may enter into said development and perform such necessary maintenance work and charge the cost, including attorney fees to the owner.
      • [2] That the owner or developer will construct the development and install improvements in accordance with the approved development plan.
      • [3] That this contract shall be binding upon the successors, assigns, or receivers of the development and shall constitute a lien on all property in the development.
      • [4] Any other conditions required by the Planning Board.
  • (4) Landscaping. The following regulations regarding landscaping shall govern all cluster developments:
    • (a) The cluster development plan shall provide for reasonable landscaping around all residential dwellings, accessory buildings, and recreational facilities.
    • (b) Additional landscaping may be required around the perimeter of the cluster if existing vegetation is inadequate to screen the cluster development from adjacent land uses.
    • (c) Landscaped buffers of existing vegetation or new materials shall be required and buffer areas shall be restricted from modification and so noted on the cluster development plan.
  • (5) Streets. The following regulations regarding streets shall govern all cluster developments:
    • (a) The cluster development shall be served by an improved street system that connects to an existing Town street or state highway. The streets in the cluster development may be public or private; public streets shall be located on a full right-of-way as required under Chapter A261, Land Development and Subdivision Regulations; the required width of private street rights-of-way shall be determined in relation to all pertinent factors of the site design.
    • (b) All streets in the cluster development shall be constructed in accordance with Chapter A261, Land Development and Subdivision Regulations; however, the width of pavement may be reduced to no less than 22 feet if the streets are to be privately owned and are intended for internal circulation within the development and to no less than 18 feet if intended for access to individual clusters. "Cape Cod" type berms shall be encouraged in lieu of conventional curbs. All pavement widths shall exclude curb or berms widths. The reduction in street width may be permitted if it is demonstrated that the reduction improves site design, preserves property character, and provides additional recreational or other amenities to serve the cluster development.
  • (6) Utilities. The following regulations regarding utilities shall govern all cluster development:
    • (a) All dwellings in the cluster development shall be served by either a public sanitary sewer or individual septic system. If a dwelling is to be served by an individual septic system, no building permit for such dwelling shall be issued until approval for the individual septic system is obtained from the RIDEM. Public sanitary sewers shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, of the Town and any other applicable requirements or conditions imposed.
    • (b) All dwellings in the cluster development shall be served by a public water system designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
    • (c) All other utilities shall be underground and shall be in accordance with Chapter A261, Land Development and Subdivision Regulations.
    • (d) Where public or private utilities serve a cluster with private roads, easements shall be provided to the appropriate utilities.
  • (7) Application procedure. The following procedural requirements shall apply to all cluster developments:
    • (a) No part of the construction of a cluster development shall begin until the plan of development has been granted final approval by the Planning Board in accordance with Chapter A261, Land Development and Subdivision Regulations, applicable to such development.
    • (b) Upon approval, the cluster development plan shall be signed by the Chairman or Secretary of the Planning Board and all plans, easements, or conveyances shall be recorded in the land evidence records. In the event of conditional final approval, pursuant to pertinent provisions of Chapter A261, Land Development and Subdivision Regulations, such cluster development shall not be signed, released by the Planning Board, nor recorded, until final determination that such cluster development is not in conflict with the Fresh Water Wetlands Act, Title 2, Chapter 1 of the General Laws of Rhode Island, as amended, and the Coastal Resource Management Act, Title 46, Chapter 23 of the General Laws of Rhode Island, as amended, and/or any rules or regulations duly adopted pursuant thereto.
    • (c) No building permit shall be issued within a cluster development until the Finance Director has accepted a certified check or performance bond as set forth in pertinent provisions of Chapter A261, Land Development and Subdivision Regulations.

[Amended 4-13-2009 by Ch. No. 1670; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Planning Board may authorize the creation of rear lots for residential purposes in the RR-60, LDR-43, LDR-40, MDR-30, MDR-20, and HDR-15 Zones. For the purposes of this section, a "rear lot" is defined as a lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway. The following requirements shall be applicable:

• A. Site plan application. A site plan shall be submitted for Planning Board review and approval. The plan shall demonstrate that the proposed lot meets the following standards:
  • (1) Lot area of not less than 50,000 square feet or not less than two times the district requirement for lot area, whichever is greater.
  • (2) Individual driveway strip not less than 20 feet wide per lot, deeded as part of the parcel for an access to a single dwelling unit, with adequate provisions for drainage and maintenance.
  • (3) Assurance by notation on the survey map and in the deed recorded in the office of the Town Clerk that: "each rear lot will be limited to a single-family residence only. No further subdivision of this approved rear lot may be undertaken at a future date for the erection of another residential unit, except in compliance with these Regulations and all others that apply."
  • (4) A sight line of at least 150 feet is available at the intersection of the driveway and the street line assuring adequate vision upon entering traffic.
  • (5) No more than two driveway strips serving no more than two rear lots may be located adjacent to one another.
• B. Conditions. The Planning Board may impose other such conditions it finds necessary to protect the public health, safety and welfare, including but not limited to drainage, yard requirements, lot size, driveway position and lot arrangements. Where said driveway strip intersects with the public street, it shall be paved for a width of not less than 15 feet and for a depth of not less than 20 feet.

• A. Planned development authorized.
  • (1) This Zoning Ordinance permits the creation of land development projects in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a planned resort.
  • (2) The Planned District is intended to give the Town Council an alternative to a traditional Zoning Map amendment for such use on large parcels of land. The Planned District procedures provide for review by other appropriate agencies concerning transportation and environmental issues as well as public hearings and review by the Planning Board in advance of Town Council consideration of the Zoning Map amendment. If adopted the amendment becomes a contract which can only be modified after notice and public hearing by the Town Council.
• B. Objectives.
  • (1) Encourage developers to better use the natural features and protect the natural and historic resources by providing the opportunity for more creative approaches in the development of land.
  • (2) Encourage a more efficient, aesthetic and desirable use of land for recreation, conservation and open space uses.
  • (3) Encourage and promote variety in the physical development of land use in the Town of Westerly.
  • (4) Allow for efficient provision and effective use of physical improvement and municipal services relative to land use development.
• C. Standards and requirement for PD Districts.
  • (1) The following provisions shall apply in a PD District, which district shall also be subject to other provisions of this chapter, except that where a conflict in regulations occurs, the regulations specified in this section shall apply.
    • (a) No PD District shall be established or plans reviewed by the Planning Board unless and until there is on file with the Town written consent of every property owner within such district at the time of the establishment of the district agreeing that the applicant shall be bound by the conditions and regulations proposed and which will be effective within the district.
    • (b) Requirements for area, coverage, density, yard requirements, parking and screening for PD Districts shall be governed by the standards in Table 1 of this section. Exceptions to these standards by the Planning Board and Town Council are possible when these bodies find that such exceptions are warranted in terms of total proposed development or unit thereof.
    • (c) The purpose of these regulations is to encourage the effective and timely development of land in accordance with the objectives and policies of the Comprehensive Plan; to assure suitable design in order to protect the property values and the residential environment of adjacent neighborhoods; and to minimize traffic congestion on the public streets and to deter undesirable strip commercial development. The Town Council may apply such special conditions and stipulations to any PD approval as it may, in its opinion, deem necessary to maintain harmony with neighboring uses and promote the objectives and purposes of the Comprehensive Plan and this Zoning Ordinance.
    • (d) Permitted accessory buildings, structures and uses. The following accessory buildings, structures, and uses may be permitted as part of the PD approval.
      • [1] Off-street parking and loading, including parking structures, subject to the provisions of § 260-77.
      • [2] Any accessory building, structure or use customarily incidental and directly related to the operation of the principal use.
      • [3] Signs, subject to the provisions of § 260-86.
      • [4] The outside storage of goods or materials, provided that no goods or materials shall be stored within any required yards and that landscaping and screening is provided and approved in the development plan review process.
      • [5] All PDs shall conform to off-street parking, off-street loading, lighting, signs and other regulations of the Zoning Ordinance unless modified by the approval.
    • (e) Drawings must be submitted that show that the relationship of interior and exterior environment is desirable and just as desirable as the strict requirements of this chapter.
    • (f) The following regulations regarding utilities shall govern all PD Districts:
      • [1] All buildings in the PD District shall be served by either a public sanitary sewer or individual septic system. If a building is to be served by an individual septic system, no building permit for such building shall be issued until approval for the individual septic system is obtained from the RIDEM. Public sanitary sewers shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
      • [2] All buildings in the PD District shall be served by a public water system with such additional lines as are necessary and shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
      • [3] All other utilities shall be underground and shall be in accordance with Chapter A261, Land Development and Subdivision Regulations.
      • [4] Where public or private utilities serve a planned development with private roads, easements shall be provided to the appropriate utilities.
    • (g) Ownership and maintenance of water and sewer facilities must be arranged to the satisfaction of the Town prior to final approval of a PD District.
    • (h) All areas proposed for dedication to the Town under the planned development (PD) approach must be acceptable as to shape, size and location, as required by the Planning Board.
    • (i) Public utility and other similar easements cannot be used for a space exchange under the planned development approach.
    • (j) Any planned development which includes the proposal to dedicate to the Town land for park and open space used under the planned development approach, must include by dedication or by other reasonable means, the total park area, at the time of filing of final map on all, or any portion of the tract.
  • (2) Regulations for Planned Resort Facilities Development (PRFD).
    • (a) Purpose. The Planned Resort Facilities Development Zoning District is intended to provide for coherent development for resort development and recreational use to assure the necessary supporting infrastructure, and to promote opportunities for expanding the Town's economy.
    • (b) Permitted uses. The following principal uses shall be permitted as part of the PRFD approval:
      • [1] Hotel.
      • [2] Motels.
      • [3] Convention centers.
      • [4] Inns.
      • [5] Associated facilities.
        • [a] Health clubs.
        • [b] Swimming pools.
        • [c] Golf/Driving range.
        • [d] Tennis court.
        • [e] Riding trails/stables.
        • [f] Performance halls.
    • (c) Special conditions.
      • [1] Planned resort developments shall be consistent with the Town Comprehensive Plan, shall not have less than 80 acres, shall require public water, and in the event ISDS pretreatment of effluent is not provided for, public sewer shall also be required.
      • [2] A planned resort area shall not be developed on any site under the jurisdiction of the Coastal Resources Management Council (CRMC). All structures within a planned resort area shall be located as far as practicable from the property boundaries, while golf courses, fitness or bicycle trails may be located at the limit of the buffer. The architectural design of such a planned resort area shall conform to the character of the architecture of the area where it is to be located. The minimum buffer areas provided hereinafter may be increased in relation to the intensity of the development of the site.
    • (d) Area and dimensional requirements.
      • [1] Minimum lot area: 80 acres.
      • [2] Minimum lot frontage and width: 150 feet.
      • [3] Minimum front yard: 125 feet. Yards abutting a residential zone shall be a vegetated, landscaped buffer area.
      • [4] Minimum side yard: 125 feet. Yards abutting a residential zone shall be a vegetated, landscaped buffer area.
      • [5] Minimum rear yard: 125 feet. Yards abutting a residential zone shall be a vegetated, landscaped buffer area.
      • [6] Maximum building height: 35 feet.
      • [7] Maximum lot coverage: 60%.
      • [8] Landscape open space percentage: 15%.

• A. Preapplication sketch plan. The applicant for a PD project shall approach the Planning Board with a preapplication sketch plan and conference prior to submission of a preliminary development plan.
  • (1) The applicant shall file with the Planning Board:
    • (a) Twelve legible black-line or blue-line prints of the preapplication concept plan.
    • (b) A location map showing the physical relationship of the proposed project to the area within a radius of 1/4 mile. Such map shall show major and arterial streets and street names; general location of public utilities; public transportation routes if applicable; public schools, parks and playgrounds; zoning classification and zoning boundaries; and existing shopping facilities. The location map shall be drawn at a scale of one inch to 100 feet.
    • (c) A proposed time schedule if the development of the project is to proceed by stage.
  • (2) The Planning Board may jointly review and discuss the preapplication sketch plan with the applicant, the Superintendent of Public Works, the Building Official, Town Engineer, Zoning Official and Town Planner and representatives of the utility companies at a regularly scheduled meeting and the Planning Board may inspect the proposed project in the field and approve in principle, approve subject to modification or disapprove the plan at the next regularly scheduled meeting. The Planning Board will return one copy of the plan to the applicant with a statement of approval in principle, approval subject to modification or disapproval and the reasons therefor noted on the plan. At such time, and if appropriate, the Planning Board will advise the applicant of the necessity to establish conformance of such project with the state's Wetlands Acts.
  • (3) The preapplication concept plan shall encompass the entire tract of land in contiguous ownership by the applicant and shall contain the following:
    • (a) Name of the project, name of owner, name of architect, registered engineer and registered land surveyor, zoning classification and zoning boundaries, including flood hazard zones where appropriate, date, North arrow, approximate scale and street names.
    • (b) The scale of the preapplication sketch plan shall be 100 feet to one inch.
    • (c) Approximate topographic conditions including general designation of any salt or freshwater wetlands. Where applicable, fresh and salt water wetlands shall be indicated as well as extent of coastal resources management zone and floodplain hazard districts; and
    • (d) Street layout of entire project.
    • (e) Approximate dimensions of streets.
    • (f) Number and approximate area of structures.
    • (g) Existing utilities and TV cables to include the size and approximate location of lines.
    • (h) Proposed recreation or open areas.
    • (i) Any existing deed restrictions or protective covenants.
    • (j) Any other preliminary information of data which is relevant to good land planning and design that may be required by the Planning Board.
• B. Preliminary development plan.
  • (1) At a scheduled meeting, the applicant shall submit a preliminary development plan to the Planning Board for review and approval in principle, and the Planning Board shall so approve prior to the submission of a PD rezoning application (application for amendment of Zoning Ordinance). The tentative written consent of all property owners within the proposed PD project shall be on file with the Town before Planning Board review of preliminary development plan shall be commenced.
  • (2) Approval in principle of the preliminary development plan shall be limited to conformance to the following regulations and to the general acceptability of the land uses proposed and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by a qualified land planning specialist (planner, architect, landscape architect or engineer).
    • (a) The applicant shall file with the Planning Board the following:
      • [1] Twelve black-line or blue-line prints of the preliminary development plan.
      • [2] Twelve copies of center-line profiles of proposed streets at a suitable horizontal and vertical scale showing the location of proposed sewer, water and other utility lines, proposed underground drainage structures and facilities, the proposed street surface grades and the existing ground elevations.
      • [3] Report of the Director, State Department of Environmental Management, as to the suitability of the soil within the project boundaries for the safe and proper operation of a sewage disposal system together with RIDEM approval of proposed construction of such system, if such is planned.
      • [4] No freshwater wetland, as defined in Chapter 213 of the Public Laws of 1971, as amended, relating to freshwater wetlands, shall be excavated, drained or filled nor shall any extraneous materials be placed into these wetlands. Water flow shall not be diverted nor shall any change be made to the natural condition of a freshwater wetland without the prior approval of the Director of RIDEM and the Westerly Town Council in accordance with the provisions of said chapter. Such report, where appropriate, shall accompany the preliminary development plan.
    • (b) The Planning Board will discuss the preliminary development plan and the accompanying material, will inspect the proposed project site in the field if such is deemed advisable and will approve, approve subject to modification, or disapprove the preliminary development plan within 60 days of receipt. The Planning Board will return one copy of the preliminary development plan to the applicant with the statement of approval, approval subject to modification and the required modification, or disapproval and the reasons for disapproval noted on the preliminary development plan. Such sixty-day period will not start until such time that the Planning Board receives all material required herein. If the application requires modification, the applicant may, within 30 days of notification or within such further period as may be agreed to by the Planning Board, submit an amended preliminary development plan containing the required changes. If an amended plan is not filed within the prescribed period, the original preliminary development plan shall be considered disapproved. If an amended preliminary development plan is filed within the prescribed period, the Planning Board shall approve or disapprove the plan within 30 days after the date of the filing or within such further period as may be agreed to by the applicant.
    • (c) The preliminary development plan shall contain the following information and data:
      • [1] Name of project, name of owner, name of architect, registered engineer, or registered land surveyor, zoning classification and zoning boundaries, date, north point and scale and names of streets.
      • [2] The scale of the preliminary development plan shall be 40 feet to one inch.
      • [3] Names of owners of all land within 200 feet.
      • [4] Boundary line of project and total acreage encompassed.
      • [5] Existing Town boundary lines, watercourses, water wetlands, railroad and street rights-of-way, utility lines and easements, surface and subsurface drainage facilities, and building setback lines.
      • [6] Proposed street right-of-way, curb lines and street names; traffic circulation within confines of the project; easements; lot lines; building setback lines; and street trees.
      • [7] Dimensions as follows: Widths of street right-of-way; right-of-way lines and project boundaries; areas of lots; location and general layout and dimensions of principal and accessory building.
      • [8] Existing and proposed contours at intervals of not greater than five feet.
      • [9] Parcels of land proposed for conveyance to the Town for public purposes.
      • [10] Location of existing and proposed permanent monuments.
      • [11] Where appropriate, the Planning Board may additionally require:
        • [a] Location, arrangement and dimensions of automobile and truck parking, bays, aisles and loading space and docks;
        • [b] Location and dimensions of vehicular drives, entrances, exits, acceleration/deceleration lanes;
        • [c] Location and dimensions of pedestrian walkways including entrances, and exits;
        • [d] Location, arrangement and dimensions of truck loading and unloading spaces and docks;
        • [e] Architectural sketches of the proposed buildings;
        • [f] A market analysis shall be required for a PD project prepared and signed by a recognized independent market analyst acceptable to the Planning Board;
        • [g] A statement of financial responsibility;
        • [h] Location, height and materials of wall, fences and screen planting;
        • [i] Ground cover, finished grades, slopes, banks, and ditches;
        • [j] Location and general exterior dimensions of principal and accessory buildings;
        • [k] Location, size, height, and orientation of all signs other than flat signs on building facades;
        • [l] Preliminary architectural drawings for all buildings;
        • [m] Proposed land uses, population densities and building intensities;
        • [n] Delineation of the construction in progression;
        • [o] Relation to future land uses in surrounding areas and Comprehensive Plan; and
        • [p] Any additional information that the Westerly Planning Board may require.
• C. General development plan.
  • (1) Application. Within one year after approval of the preliminary development plan the applicant shall file with the Planning Board, at a scheduled meeting, the following:
    • (a) Four copies of the general development plan plus four copies of the street profiles; one copy shall be reproducible Mylar; three prints shall be on standard white drawing paper. The size of the sheets shall be 24 by 30 inches.
    • (b) Filing fee of $2,000 payable to the Town of Westerly.
    • (c) Certificate of the Tax Collector of the Town of Westerly that all taxes due on the land described in the general development plan have been paid for five years preceding the date of filing and that there are no outstanding tax liens thereon.
    • (d) Names and addresses of all owners of abutting land within 100 feet of the project as determined from the most recent tax record.
    • (e) A warranty deed conveying all street rights-of-way and other appropriate open areas to the Town of Westerly.
    • (f) A statement of the applicant describing any easements and the conditions thereof to the Planning Board.
    • (g) Copies of existing and proposed deed restrictions and protective covenants to run with land in the project, if such exist or are proposed.
    • (h) In lieu of the completion and installation of the required improvements to the land upon approval of the general development plan, the applicant shall submit to the Planning Board a certified check or performance payment bond for the faithful performance of construction and installation of such required improvements to the land.
    • (i) Certification by a registered professional civil engineer that all drainage structures and facilities will accommodate the average hourly rainfall for the area.
  • (2) Notice and hearing. Notice and hearing shall proceed in accordance with the following:
    • (a) The Planning Board shall fix a date for public hearing to be held within 36 days of the filing of the general development plan with the Planning Board.
    • (b) Not less than 21 days prior to the hearing, the Planning Board will give written notice thereof, by registered mail, to the applicant and to owners of all land within 100 feet of the project.
    • (c) The Planning Board shall cause to be published in a newspaper of general circulation within the Town of Westerly a notice of the date, time and place of the hearing together with the names of the owners of record and the general location of the project not less than 14 days prior to the date of the hearing.
  • (3) The general development plan shall contain the following information and data:
    • (a) Name of project, name of owner, name of architect, registered professional engineer or registered land surveyor, zoning classification and zoning boundaries, date, North point and scale.
    • (b) The scale of the final plat shall be 40 feet to one inch. One transparency of one inch equals 100 feet shall be submitted to the Tax Assessor.
    • (c) Names of owners of all land within 100 feet.
    • (d) Boundary line of project and total acreage encompassed.
    • (e) Existing watercourses, wetlands, railroad right-of-way, street and other easements.
    • (f) Street right-of-way, street names, easements, and building setback lines.
    • (g) Dimensions as follows: Widths of street right-of-way; rights-of-way lines and project boundaries; curve data to include lengths of radii, central angles and tangent distances; the location, sizes and lengths of waterlines, sanitary sewers, surface and subsurface drainage facilities.
    • (h) Parcels of land to be conveyed to the Town of Westerly.
    • (i) Location and character of all permanent monuments.
    • (j) Certification of a registered professional architect, civil engineer or registered land surveyor that the general development plan is correct, that permanent monuments shown on the plan have been properly placed and that their location and character are correctly shown.
    • (k) Location of all freshwater wetlands and indication of extent of flood hazard zone, wetland delineation accompanied by official verification from the Department of Environmental Management.
    • (l) All the information required on the preliminary development plan; the approximate location of structures; nonresidential building intensity; and land use considered suitable for adjacent properties.
    • (m) Where appropriate the Planning Board may additionally require:
      • [1] A schedule for the development to be constructed in progression and description of the design principles for buildings and streetscapes; tabulations of total number of acres in the proposed project and the percentage thereof designated for various uses; estimated number of nonresidential population; and anticipated timing for construction.
      • [2] Stage construction. If the development of the resort is to be carried out in progressive stages each stage shall be so planned that the requirements and intent of this chapter shall be fully complied with at the completion of each stage. No final plan for the initial stage of development of any resort shall be approved unless such stage can exist independent of the remaining stages.
      • [3] Evidence that the applicant has sufficient control over the land to effectuate the proposed plan, can exist independent of the remaining stages.
      • [4] Engineering feasibility studies as necessary.
      • [5] Site plan showing buildings, various functional use areas, circulation and their relationships.
      • [6] Preliminary building plans, including floor plans and exterior elevations, and an outline specification of materials to be used for construction.
      • [7] Landscape plans.
      • [8] Engineering plans, including site grading, street improvements, drainage and public utility extensions, as necessary.
      • [9] Any additional information that the Planning Board may require.
  • (4) In addition to submission by the applicant of the general development plan, application shall be made to the Town Council for amendment of Zoning Ordinance.
• D. Planned development approval. Planned development approval by the Planning Board, valid for one year, shall be secured for each unit of a PD as delineated on the general development plan. Such approval may be extended for an additional year upon application to the Planning Board. Minor changes to an approved PD pertaining to siting may be approved by the Planning Board in writing, provided that the change is in accord with the intent expressed in the general development plan.
  • (1) The Planning Board shall indicate its approval or disapproval of the general development plan to the applicant by certified mail, precisely stating the reasons for disapproval within 45 days of the submission of such general development plan to the Planning Board. The Planning Board approval may be conditioned on required permits and/or approvals of the RIDEM.
  • (2) When the general development plan is disapproved by the Planning Board, the applicant may apply to the Zoning Board of Review for a review of the decision of the Planning Board. If the general development plan is disapproved by cause of noncompliance with the preliminary plan, the general development plan may thereafter be submitted to the Planning Board as an amended preliminary plan. The procedure for consideration of an amended preliminary plan shall be the same as that for an original preliminary plan.
  • (3) Change of general development plan: If the applicant wants to make an amendment to an approved plan, a written request shall be submitted to the Planning Board. If, in the opinion of the Planning Board, a requested change is sufficiently substantial, the Planning Board shall require the submission of an amended plan.
• E. Findings required. The Planning Board, after public hearing (on the general development plan), may recommend to the Town Council the establishment of a PD District with such special conditions as it deems advisable, and the Town Council, after public hearing may by ordinance establish a PD District, provided that the facts submitted with the application and presented at the hearing establish that:
  • (1) The proposed PD District with such special conditions it deems advisable, or given unit thereof, can be substantially completed within four years of the establishment of the PD District;
  • (2) That each individual unit of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
  • (3) That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street networks outside the PD Districts;
  • (4) That any proposed resort can be justified economically at the locations proposed;
  • (5) That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan;
  • (6) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
  • (7) That the PD District is in conformance with the Comprehensive Plan of the Town of Westerly; and
  • (8) That the existing or proposed utility services are adequate for the population densities proposed.
• F. Planning Board and Town Council action.
  • (1) If from facts presented, the Planning Board or Town Council is unable to make the necessary findings, the application shall be denied. In taking action, the Planning Board may recommend denial to the Town Council of the general development plan and general development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments. In no instance shall a Planning Board decision be binding on an action by the Town Council relative to granting a zone change for a PD District. The Town Council, after receiving the general development plan and recommendations from the Planning Board, shall make final determination of zone change. Should the Planning Board recommend denial, the Town Council shall give the applicant an opportunity to present his side of the conflict to the Town Council.
    • (a) Major changes in a general development plan shall be considered the same as a change in the zoning map and shall be made in accordance with the provisions of this Zoning Ordinance.
    • (b) At the time of adopting any ordinance amendment establishing a PD District the Town Council shall make appropriate arrangements with the applicant, which will insure the accomplishment at the scheduled times of the public improvements and grants of easement shown on the approved general development plan.
    • (c) If no development has occurred to effectuate a PD District development within one year after the district is created, the Planning Board shall review the action and determine whether or not the continuation of a given PD District is in the public interest and so notify the Town Council of their findings.
  • (2) Other requirements. Underground facilities, including telephone and electric systems, are required within the limits of all PD Districts. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Board finds that such exception will not violate the intent or character of the proposed PD District.
  • (3) The Town Council may, in establishing a PD District, also vary the dimensional regulations herein where it determines that such variation is not in conflict with the Comprehensive Plan or the use, enjoyment, or value of neighboring property.

[Added 11-10-2003 by Ch. No. 1470; amended 4-16-2007 by Ch. No. 1599]

When used in § 260-50, the following words and phrases shall have the following meanings:

AFFORDABLE HOUSING — Year-round housing that has a sale price that is within the means of a household of moderate income or less, as that term is defined by the Comprehensive Housing Production and Rehabilitation Act of 2004, RIGL 42-128-8.1(d), as amended. Year-round rental housing must have a rent that is within the means of a low-income household.

APPROVED AFFORDABLE HOUSING PLAN — An affordable housing plan that the Director of the Rhode Island Department of Administration has approved as meeting the guidelines for a comprehensive plan as promulgated by the State Planning Council.

CONSISTENT WITH LOCAL NEEDS —

• A. Reasonable in view of the state's need for low- and moderate-income housing, considered with the number of low-income persons in Westerly; and
  • (1) The need to protect the health and safety of the community; or
  • (2) The need to promote better site design and building design in relation to the surroundings; or
  • (3) The need to preserve open spaces.
• B. Not designed or intended to exclude low- and moderate-income residents from Westerly or to discourage or frustrate the likelihood of success of a project.
• C. Applied as equally as possible to both subsidized and unsubsidized housing.

INCLUSIONARY ZONING — A zoning ordinance provision that requires the development of low- or moderate-income housing as part of residential development.

INCLUSIONARY DWELLING UNIT — A low- or moderate-income dwelling unit developed pursuant to an inclusionary zoning provision.

LAND UNSUITABLE FOR DEVELOPMENT — Land that cannot be included in the buildable acreage of a parcel when calculating the maximum number of lots or dwelling units permitted. Land unsuitable for development consists of wetlands as they are defined by state law but not wetland buffers, land in any public or private easement on which electrical transmission lines or other aboveground structures are built, and areas with a slope greater than 15%.

LOW- AND MODERATE-INCOME HOUSING — Housing that counts toward satisfying a community's goal of maintaining 10% of its housing stock as affordable. The housing must be:

• A. Affordable to low- or moderate-income households, as defined by state law;
• B. Subsidized by a federal, state, or town program intended to assist in providing affordable housing; and
• C. Affordable through a deed restriction or land lease for at least 99 years from initial occupancy.

LOW-INCOME HOUSEHOLD — A household with an adjusted gross income that is 80% or less of the area median income. See the Rhode Island Low- and Moderate-Income Housing Act, RIGL 45-53-3(5).

MODERATE-INCOME HOUSEHOLD — A household with an adjusted gross income that is more than 80% but less than 120% of the area median income.See the Rhode Island Low- and Moderate-Income Housing Act, RIGL 45-53-3(9).

[Amended 9-21-2020 by Ch. No. 1995]

MUNICIPAL SUBSIDY — Assistance the Town provides for construction or rehabilitation of low- and moderate-income housing to encourage the creation of that housing, and to mitigate the cost of the development, pursuant to RIGL 45-53-3(9). Municipal subsidies include, but are not limited to, density bonuses, and payments from the Town's restricted account containing fees in lieu of construction for the creation of additional low- and moderate-income dwelling units.

[Amended 9-21-2020 by Ch. No. 1995]

YIELD PLAN — A plan of a conventional subdivision or land development project that shows the basic maximum number of building lots or dwelling units permitted on the parcel when the lot area and dimensional regulations of the Zoning Ordinance are applied, after land unsuitable for development has been eliminated.

[Amended 7-1-2024 by Ch. No. 2062]

• A. Purpose.
  • (1) The purpose of inclusionary zoning is to guide new residential development so that it supports Westerly's housing goals, as stated in the Housing Element of the Comprehensive Plan, including the goal that at least 10% of Westerly's year-round housing will be low- or moderate-income housing. This section is intended to ensure that all development providing six or more additional dwelling units will contribute to the supply of low- or moderate-income housing in Westerly.
  • (2) To help satisfy the Town's low- or moderate-income housing goals, a portion of the additional dwelling units resulting from all such development must be affordably priced according to state guidelines, must receive a federal, state or municipal subsidy, and must have affordability guaranteed for 99 years by a deed restriction or land lease.
• B. Required inclusionary dwelling units.
  • (1) In every residential subdivision or land development project that consists of six or more lots intended for the construction of dwelling units, or that consists of six or more new dwelling units, a portion of the dwelling units must be low- or moderate-income. This requirement applies to development of rental property as well as development of property for sale. The number of low- or moderate-income dwelling units required is determined by taking the basic number of lots or dwelling units permitted, as shown by a yield plan, and multiplying that number by 20%. Fractions of 0.5 or above shall be rounded up to the next whole number, and fractions of less than 0.5 shall be rounded down to the next whole number.
  • (2) In developments where the units will be offered for sale, the inclusionary dwelling unit shall be affordable for a family with an adjusted gross income that is less than 100% of the area median income. Construction of additional required inclusionary dwelling units shall conform to this sequence. In developments where the units will be rental units, the rent for all inclusionary dwelling units must be affordable for a family with an adjusted gross income that is 80% or less of the area median income.
  • (3) The exterior appearance of the inclusionary dwelling units must be substantially similar to that of the market-rate units, except that the inclusionary units may be no smaller than 960 square feet. The inclusionary dwelling units must be compatible in scale and architectural style with the market-rate units. The average number of bedrooms in the inclusionary dwelling units shall be equal to or greater than the average number of bedrooms in the market-rate units.
  • (4) The inclusionary dwelling units must be integrated throughout the development, rather than segregated in a particular area or areas, so they will not be in less desirable locations than market-rate units. The inclusionary units shall, on average, be no less accessible to public amenities such as open space or recreational features than market-rate units. In developments consisting of multiunit dwelling structures, the inclusionary dwelling units must be integrated throughout the structure.
  • (5) The inclusionary dwelling units must be built simultaneously with the market-rate units. For developments consisting of single-household or two-household dwellings, the percentage of market-rate units for which building permits have been issued shall not exceed the percentage of inclusionary dwelling units for which building permits have been issued by more than 20%. A certificate of use and occupancy shall not be issued for the final market-rate unit until certificates of use and occupancy have been issued for all of the inclusionary dwelling units. In subdivisions or land development projects that are constructed in phases, these requirements apply separately to each phase.
• C. Density bonuses.
  • (1) In every development in which required inclusionary dwelling units are constructed, the number of dwelling units permitted on the parcel shall be increased above the number that otherwise would be permitted. The purpose of this density bonus is to mitigate the cost of creating inclusionary dwelling units by providing sites on which the units can be developed. The basic number of dwelling units permitted on the parcel, as shown in a yield plan, shall be increased by a number equal to the number of low- and moderate-income dwelling units required.
  • (2) When residential density is increased in a development, the Planning Board shall have the authority to adjust the lot frontage, lot width, front yard setback, side yard setback, rear yard setback, accessory dwelling setback, maximum impervious surface requirements and other dimensional regulations otherwise applicable in the zoning district if the Board finds the adjustments to be necessary and consistent with good planning practice. The adjusted dimensional regulations applicable to the development shall be shown on the final plat and shall be recorded in the land evidence records as a separate document that lists each lot, the street address of that lot, and the dimensional regulations applicable to that lot.
• D. Alternatives to construction of inclusionary units. When in the judgment of the Planning Board a density increase or on-site construction of inclusionary dwelling units would not be in the best interests of good planning, or when a density increase is otherwise prohibited by law or regulation, the developer shall contribute to the Town's supply of low- and moderate-income housing through any one of, or any combination of, the following methods, subject to the approval of the Planning Board. The Planning Board's decision to require an alternative to on-site construction of inclusionary units shall be in writing and accompanied by findings of fact.
  • (1) Rehabilitation of existing units.
    • (a) A developer may create low- and moderate-income units for sale, or low-income units for rent, by rehabilitating an existing structure and imposing deed restrictions or a land lease to assure affordability for 99 years. Dwelling units that are rehabilitated cannot be units that already qualify as low- and moderate-income housing.
    • (b) The Planning Board may, in its sole discretion, provide a density bonus equal to up to 100% of one dwelling unit at the rehabilitation site. If no density bonus is provided, the developer shall receive another municipal subsidy or subsidies.
    • (c) The number of low- and moderate-income units created shall be equal to or greater than the number that would have been required at the primary development site. The newly-created low- and moderate-income units must be constructed and occupied contemporaneously with the market-rate units being constructed at the primary development site.
  • (2) Construction of low- and moderate-income units at an off-site location.
    • (a) Low- and moderate-income dwelling units may be constructed at another site or sites. The developer must demonstrate that the alternate site does not have constraints to development that would prevent it from accommodating residential construction.
    • (b) The Planning Board may, in its sole discretion, provide a density bonus equal to up to 20% of one dwelling unit at the off-site location. If no density bonus is provided, the developer shall receive another municipal subsidy or subsidies.
    • (c) The number of low- and moderate-income units constructed off site shall be equal to or greater than the number otherwise required. The exterior appearance of the off-site low- and moderate-income units must be substantially similar to that of the market-rate units, except that the off-site low- and moderate-income units may be no smaller than 960 square feet. The average number of bedrooms in the off-site low- and moderate-income units shall be equal to or greater than the average number of bedrooms in the market-rate units. The newly-created low- and moderate-income units must be constructed contemporaneously with the market-rate units being constructed at the primary development site.
    • (d) Construction of new off-site units on existing single lots is preferable to construction of new subdivisions or land development projects containing multiple dwelling units.
• E. Assurance of affordability and fair marketing.
  • (1) The developer shall contract with a monitoring agency approved by the Rhode Island Housing and Mortgage Finance Corporation for the following purposes:
    • (a) To determine pricing for initial sale, resale, or lease of the inclusionary dwelling units;
    • (b) To qualify purchasers or renters for initial occupancy based in household size and income;
    • (c) To determine pricing for resale or transfer of dwelling units; and
    • (d) To assist in the development of a marketing and resident selection plan, to be approved by the Planning Board, that meets state and federal fair housing requirements.
  • (2) Long-term affordability shall be assured through a land lease or deed restriction recorded in the Westerly Land Evidence Records before the sale or rental of the inclusionary dwelling unit. The lease or deed restriction shall include information regarding:
    • (a) The basis for calculation of the maximum sale or rental price for the unit, both initially and for future buyers or renters;
    • (b) Restrictions concerning who may occupy the unit and for what period;
    • (c) Provisions for monitoring, and assurance of compliance over time.
  • (3) Deed restrictions or land leases shall include the following restrictions:
    • (a) Inclusionary dwelling units that are sold shall be occupied by the buyers as their primary residence and shall not be leased to other occupants, seasonally or otherwise.
    • (b) Inclusionary dwelling units that are rentals shall not be subleased.
• F. Cumulative impact. When a subdivision or land development project that creates fewer than six additional lots for development or fewer than six additional principal dwelling units is approved on a portion of a parcel of land, leaving another portion of the same parcel undeveloped, the portion left undeveloped shall not be subdivided or developed for residential use or mixed use within 25 years of final approval of the first development unless the undeveloped portion is subject to the inclusionary requirements of this article. The number of inclusionary units required in the second development shall be calculated as if the earlier development were part of it. This provision does not apply when an entire parcel receives master plan approval and is developed in phases.

  Table 1 Required Inclusionary Units and Density Bonus
  Basic Number of Lots or Units in Yield Plan	Required Number of Inclusionary Units	Number of Lots or Units Added by Density Bonus	Total Number of Lots or Units
  6	1	1	7
  7	1	1	8
  8	2	2	10
  9	2	2	11
  10	2	2	12
  11	2	2	13
  12	2	2	14
  13	3	3	16
  14	3	3	17
  15	3	3	18
  16	3	3	19
  17	3	3	20
  18	4	4	22
  19	4	4	23
  20	4	4	24
  21	4	4	25
  22	4	4	26
  23	5	5	28
  24	5	5	29
  25	5	5	30
  26	5	5	31
  27	5	5	32
  28	6	6	34
  29	6	6	35
  30	6	6	36
  31	6	6	37
  32	6	6	38
  33	7	7	40
  34	7	7	41
  35	7	7	42
  36	7	7	43
  37	7	7	44
  38	8	8	46
  39	8	8	47
  40	8	8	48

[Amended 9-24-2007 by Ch. No. 1616]

• A. Statutory authority and purpose.
  • (1) In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, entitled "Low- and Moderate-Income Housing Act," an applicant proposing to build a development with low- or moderate-income housing may submit to the Planning Board a single application for a comprehensive permit to build that development, instead of separate applications to the local boards and officials having jurisdiction over zoning and land use who would otherwise have the authority to approve the application. This procedure is available only for proposals in which at least 25% of the housing will be low- or moderate-income housing.
  • (2) In keeping with the goals and objectives of the Westerly Comprehensive Community Plan, low- and moderate-income housing shall be provided in a manner that maintains the character of the community and is commensurate with the ability of the Town to provide good quality and cost-effective services to its residents. In meeting the needs for affordable housing, priority consideration shall be given to the retrofitting of existing dwellings and the assimilation of low- and moderate-income housing into existing developments and neighborhoods.
• B. Annual caps on comprehensive permits. In accordance with Westerly's Comprehensive Plan and RIGL 45-53-4(a)(4)(xii), Westerly Town Council limits the annual total number of market rate and affordable dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the town, as recognized in the affordable housing plan. Notwithstanding the timetables set forth elsewhere in this section, the Planning Board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this subsection, sequentially in the order in which they are submitted.
• C. Housing density bonus. A goal of Westerly's Comprehensive Plan is to ensure that low- and moderate-income housing units are spread throughout the entire community, and are not confined to a handful of locations before reaching the annual cap on comprehensive permits. In order to achieve this objective, a bonus in the combined number of market rate and affordable units proposed for any single comprehensive permit shall be provided, reflecting a "one step" density increase within the established hierarchy of the Schedule of Dimensional Regulations (§ 260-19). The following table illustrates maximum allowed density bonuses for each of the Town's residential zoning districts. For example, a comprehensive permit proposed in the HDR-15 Zone (15,000 square feet per unit or 2.90 units per acre) could be submitted with densities allowed in the HDR-10 Zone (10,000 square feet per unit or 4.36 units per acre). Any density bonus granted by the Planning Board shall further be contingent on provisions contained in Subsection G below, including suitability of project design, environmental characteristics of the parcel, and the development's relationship to supporting utility and roadway infrastructure.

  Comprehensive Permit - Zoning Hierarchy Density Table
  Zoning Distric t	Allowed Density, Schedule of Dimensional Regulations (§ 260-19)	Maximum Density for Comprehensive Permit Applications (Market-Rate and Affordable Units Combined)
  HDR-6	7.26 units/acre	8.71 units/acre (20% density bonus)
  HDR-10	4.36 units/acre	7.26 units/acre (66% density bonus)
  HDR-15	2.90 units/acre	4.36 units/acre (50% density bonus)
  MDR-20	2.18 units/acre	2.90 units/acre (33% density bonus)
  MDR-30	1.45 units/acre	2.18 units/acre (50% density bonus)
  LDR-40	1.09 units/acre	1.45 units/acre (33% density bonus)
  LDR-43	1.00 unit/acre	1.33 units/acre (33% density bonus)
  RR-60	0.73 units/acre	1.00 unit/acre (37% density bonus)

• D. Application procedure.
  • (1) Preapplication conference.
    • (a) An applicant for a comprehensive permit shall request a preapplication conference with the Town Planner. The purpose of the conference is to review a concept plan of the proposed development.
    • (b) To request a preapplication conference, the applicant shall submit a short written description of the project, including the number of units, type of housing, and a location map.
    • (c) The Town Planner shall have 30 days from receipt of a request for a preapplication conference to conduct the conference. If the preapplication conference has not taken place within 30 days, the applicant has the right to file the comprehensive permit application.
  • (2) Submission requirements. Applications for a comprehensive permit shall include an original and 24 copies of the following:
    • (a) A written application for a comprehensive permit on a form provided by the Planning Department for that purpose. The application shall identify the specific ordinances and regulations from which the applicant is seeking relief, together with a specific description of what relief is needed, including the permitted and the proposed housing density. A yield plan, which shall be subject to Planning Board approval, shall be included to show allowed density according to the Schedule of Dimensional Regulations (§ 260-19).
    • (b) For applications that do not propose a major land development project or a major subdivision, the applicant shall submit all of the material required by the applicable provision of the Zoning Ordinance or the Land Development and Subdivision Regulations, including the master plan checklist for major land developments and major subdivisions, and the Town Planner shall indicate which provisions are not applicable at the preapplication conference.

      Editor's Note: See Ch. 260, Zoning, or Ch. A261, Land Development and Subdivision Regulations, respectively.

    • (c) For applications that propose a major land development project or a major subdivision, the applicant shall submit all items on the master plan checklist for major land developments and major subdivisions in the Land Development and Subdivision Regulations.
  • (3) Supporting materials. Applications shall include the following:
    • (a) A letter of eligibility or documentation of eligibility for a state or federal subsidy, or identification of the municipal subsidy sought;
    • (b) A proposed timetable for the commencement of construction and completion of the project, including a timetable for construction phasing that includes the percentage of low- and moderate-income housing that will be constructed during each phase;
    • (c) A sample land lease or deed restriction with affordability liens, in conformance with guidelines of the agency providing the subsidy, that will restrict use of the low- and moderate-income units to low- and moderate-income housing for 99 years;
    • (d) Identification of an approved entity that will monitor the long-term affordability of the low- and moderate-income units;
    • (e) A financial pro forma for the proposed development, including but not limited to evidence of the acquisition price, expenses, and other economic factors that comprise the total cost for the construction and administration of the facility and the resulting rental rates or sale prices to be charged for all units constructed;
    • (f) Scaled architectural drawings including floor plans of typical units, typical elevations, and sections, identifying construction type and exterior finish materials;
    • (g) A list of all state and federal approvals and permits required for construction of the development;
    • (h) A description of the proposed buildings by type and size (numbers of buildings, residential units, bedrooms, floor area), and percentage of the site that will be covered by structures and other impervious surfaces;
    • (i) An application fee of $1,500. Additional fees for legal advertising and third-party engineering review may be assessed pursuant to Chapter A261, Land Development and Subdivision Regulations, § A261-12D and E.
• E. Certification of Completeness
  • (1) The Town Planner shall certify a new application as complete or incomplete, according to the provisions of the Land Development and Subdivision Regulations, within 30 days of the day it is received. If the application is certified as incomplete, the Town Planner shall specify, in writing, the missing or incomplete items. That time period stops running if the Town Planner determines that the application is incomplete. When the application is resubmitted, the Town Planner shall certify it as complete or incomplete within 14 days of the date of resubmission.
  • (2) When an application is certified as complete, the Planning Department shall transmit a complete copy of the application to the Town Council, the Conservation Commission, the Zoning Board of Review, the Zoning Official, the applicable fire district, and the Department of Public Works.
  • (3) Notwithstanding the submission requirements set forth in this section, the Planning Board may request additional reasonable documentation during review of the application, including but not limited to opinions of experts, credible evidence of application for necessary federal or state permits, and opinions or recommendations from other town boards, commissions, or officials.
• F. Review of application
  • (1) A master plan application for a major land development project or major subdivision shall be scheduled for a public hearing as soon as practical. The Planning Board shall render a decision on the master plan application no more than 120 days after the date on which the application was certified as complete, unless the applicant and the Planning Board agree to a longer period of time. Preliminary plan review and approval and final plan review and approval shall take place pursuant to the provisions of the Land Development and Subdivision Regulations, provided, however, that the preliminary plan application shall be certified as complete within forty-five (45) days of the day it is submitted.
  • (2) An application proposing any type of development other than a major land development or major subdivision, including but not limited to a minor land development, minor subdivision, Zoning Ordinance relief, or relief from any other local ordinance or regulation, shall be reviewed according to the procedures specified in the Zoning Ordinance or in the Land Development and Subdivision Regulations for that type of relief, provided, however, that a public hearing shall be conducted on each such application. The Planning Board shall schedule a public hearing on the application as soon as practical after the application is certified as complete, and shall render a decision no more than 95 days after the date on which the application was certified as complete, unless the applicant and the Planning Board agree to a longer period of time. The time from voting by the Planning Board until the written decision is issued shall not be included in any mandatory time period.
  • (3) If a decision is not rendered within the time periods in this section, the application shall be considered approved, and the necessary permits shall be issued immediately.
• G. Decision.
  • (1) In a decision approving an application for a comprehensive permit, the Planning Board shall make positive findings on each of the following applicable criteria. The findings shall be supported by legally competent evidence on the record, and the decision shall disclose the nature and character of the observations on which the Planning Board members acted.
    • (a) The proposed development is consistent with local needs as identified in the Comprehensive Plan, with particular emphasis on the affordable housing plan, or the proposed development has satisfactorily addressed the issues where there may be inconsistencies.
    • (b) The proposed development is in compliance with the standards and provisions of the Zoning Ordinance and Land Development and Subdivision Regulations, or where those standards and provisions have been waived or varied, local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
    • (c) All low- and moderate-income housing units proposed are integrated throughout the development, are compatible in scale and architectural style to the market rate units in the development, and will be built and occupied prior to, or simultaneously with, the construction and occupancy of the market rate units.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    • (d) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
    • (e) There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.
    • (f) All of the proposed land development, or all lots in a subdivision, will have adequate and permanent access to a public street in accordance with the requirements of RIGL 45-23-60(a)(5).
    • (g) The proposed development will not result in the creation of individual lots with such physical constraints to development that building on those lots according to the applicable regulations and building standards would be impracticable, unless the lots are created solely as permanent open space or are permanently reserved for a public purpose on the approved and recorded plat.
  • (2) The Planning Board may deny the application for any of the following reasons:
    • (a) Westerly's affordable housing plan has been approved, Westerly has adopted the implementation plan contained in the approved plan, Westerly has not unreasonably denied applications made pursuant to the approved affordable housing plan, and the application is inconsistent with the approved affordable housing plan;
    • (b) The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved Comprehensive Plan, and/or the Zoning Ordinance and procedures promulgated in conformance with the Comprehensive Plan;
    • (c) The proposal is not in conformity with the Comprehensive Plan;
    • (d) Westerly has met, or has plans to meet, the goal of having 10% of its year-round housing units as low or moderate income housing;
    • (e) The application does not adequately address concerns for the environment and for the health and safety of current town residents.
  • (3) When making its decision, the Planning Board shall have the same powers as the boards and officials who would otherwise have the authority to approve the application.
  • (4) The Planning Board shall have the authority to impose conditions and requirements on the decision with respect to site plan, height, size or shape, or building materials, that are consistent with the provisions of this section, consistent with the approved affordable housing plan, and supported by competent legal evidence in the record.
  • (5) The decision of the Planning Board shall be by a majority vote of the membership of the Board. The decision shall be in writing and shall be posted in the office of the Town Planner and in the office of the Town Clerk. A copy shall be sent to the applicant.
  • (6) A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of final plan approval unless the Planning Board and the applicant agree to a longer and/or phased period for development. Low- and moderate-income housing units shall be built and occupied prior to or simultaneously with the construction and occupancy of market rate units.
• H. Appeals.
  • (1) Any person aggrieved by the issuance of an approval may appeal to the Washington County Superior Court within 20 days of the issuance of approval.
  • (2) If the application is denied, or is granted with conditions or requirements that make the construction or operation of the housing infeasible, the applicant has the right to appeal the decision to the State Housing Appeals Board. The appeal shall be made within 20 days of the date of notice of the decision.

[Added 1-14-2008 by Ch. No. 1625]

• A. Purpose. The purpose of this chapter is to establish an Affordable Housing Fund that will receive and hold monies that will be used to increase the Town's supply of low- and moderate-income housing.
• B. Sources of fund. The Affordable Housing Fund may receive and hold monies from the following sources:
  • (1) Fees paid by developers in lieu of construction of inclusionary dwelling units pursuant to § 260-50.2, Inclusionary zoning.
  • (2) Fees paid pursuant to any other ordinance enacted to implement the housing element of the Town's Comprehensive Plan, including its Affordable Housing Plan.
  • (3) Town appropriations.
  • (4) Contributions from individuals, corporations, charitable or governmental entities.
• C. Administration of fund. The Affordable Housing Fund shall be established as a restricted account that is administered by the Department of Finance pursuant to RIGL 45-23-47, as amended.
• D. Purposes for which money may be used. Money held in the Affordable Housing Fund may be used by nonprofit and for-profit developers in the following ways to carry out goals of Westerly's Affordable Housing Plan, provided that a minimum of 50% of all dwelling units are set aside for low- and moderate-income households. In developments where the housing units will be offered for sale, low- and moderate-income units shall be affordable for a family with an adjusted gross income that is less than 100% of area median income. In developments where the housing units will be rentals, the rent for all low- and moderate-income units shall be affordable for a family with an adjusted gross income that is 80% or less of area median income.
  • (1) Grants to pay for all or part of the cost of constructing new low- or moderate-income housing or to purchase existing structures for rehabilitation and conversion to low- or moderate-income housing.
  • (2) As a municipal subsidy used to leverage funds from other sources in order to construct low- or moderate-income housing.
  • (3) To purchase land on which low- or moderate-income housing will be constructed.
  • (4) As repayable loans for the construction or creation of low- or moderate-income housing.
• E. Town Council to award funds. Monies from the Affordable Housing Fund may from time to time be awarded by the Town Council after a public hearing. The date, time, location and purpose of the public hearing shall be advertised in a newspaper of general circulation in Westerly at least 14 days before the date of the public hearing.
• F. Fund distributions. Entities seeking Affordable Housing Fund financing shall provide all of the following information to the Planning Department, which will determine the completeness of the application prior to Town Council action. Missing or incomplete items must be provided before the Planning Department will certify the application as complete.
  • (1) Name, address and phone number of applicant;
  • (2) Address of the site proposed for affordable housing, and site description;
  • (3) Evidence that the applicant controls the site;
  • (4) Number and type (homeownership or rental) of housing units proposed;
  • (5) Other sources and amounts of housing construction financing;
  • (6) Relevant project details, including percentage of units for low- or moderate-income households, income eligibility standards, and maintenance of long-term affordability of low- or moderate-income housing units based on § 260-50.2E(2) and (3);
  • (7) Statement of conformance with Westerly's Affordable Housing Plan;
  • (8) Financial pro forma demonstrating that the project is financially feasible on the basis of estimated development costs (land acquisition, construction, financing and administration), and the resulting rental rates or sales prices to be charged for all units constructed;
  • (9) Proposed timetable for commencement of construction and project completion, including a timetable for construction phasing that includes the percentage of low- and moderate-income housing that will be constructed during each phase;
  • (10) Identification of a monitoring agent approved by the Rhode Island Housing and Mortgage Finance Corporation to assure affordability and fair marketing, pursuant to § 260-50.2E;
  • (11) Scaled architectural drawings including floor plans of typical units, typical elevations, identifying construction type and exterior finish materials; and
  • (12) List of all state and federal approvals and permits required prior to construction.
• G. Monitoring of fund distributions. Entities receiving affordable housing funds shall submit quarterly reports to the Planning Department on January 1, April 1, July 1 and October 1 of each calendar year until project completion. The following information shall be provided:
  • (1) All expenditures of affordable housing funds, including support materials necessary to justify expenditures (i.e., receipts for work performed).
  • (2) A written project status narrative describing activities undertaken during the reporting period, changes in the scope of work, changes in timetables affecting project completion dates, and specific accomplishments, problems or anticipated delays.

[Added 1-22-2018 by Ch. No. 1910]

• A. Authorization and purpose.
  • (1) In RIGL § 1-3-3, the State of Rhode Island has declared that "airport hazards may endanger the lives and property of users of the airport and of occupants of land and other persons in its vicinity." The state has also declared that "[t]he creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question," and "[i]t is necessary in the interest of public health, safety and general welfare that the creation or establishment of airport hazards be prevented." The state has also mandated that every town with an airport hazard area within its limits "shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning regulations for that part of the airport hazard area which is within its territorial limits" RIGL § 1-3-5(a). These zoning regulations "may divide the airport hazard area into zones, and, within those zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow."
  • (2) The Westerly Airport Area (AA) Overlay District is hereby established to regulate airport hazards in accordance with state mandate. These regulations are reasonably necessary to effectuate the purpose of state and federal law, including Chapter 3 of Title 1 and Chapter 22.2 of Title 45 of the Rhode Island General Laws and 14 CFR 77, entitled "Objects Affecting Navigable Airspace" and the Federal Aviation Act (49 U.S.C. Chapter 401).
• B. Statement of consistency with the Westerly Comprehensive Plan. The Town of Westerly 2010 Comprehensive Plan ("Comprehensive Plan") recognizes the Town's responsibility, under the state mandate, to protect the public health and safety, and to prevent the creation or establishment of airport hazards. This recognition is specifically identified in the Comprehensive Plan by the short-term implementation item "Action 3.6: Adopt an Airport Protection Overlay District to control potential airport hazards in the vicinity of the airport."
• C. Ordinance administration. The Department of Development Services of the Town of Westerly is hereby designated as the Administrative Agency, and the Zoning Official or his/her designee is charged with the administration and enforcement of this section.
• D. Definitions. Unless specifically defined below, words and phrases used in this section pertain to airport hazards, have the same meaning as they have in common usage and give this section its most reasonable application.

  AIRPORT — The Westerly State Airport located at Post Road and Airport Road and near Tom Harvey Road.

  AIRPORT HAZARD — Any electronic transmission device or structure, which, as determined by the Federal Aviation Administration, interferes with radio communication between airport and aircraft approaching or leaving the airport, or any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to the landing or taking off of aircraft.

  AIRPORT HAZARD AREA — Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter and in accordance with Title 1, Chapter 3 of the RI General Laws and the Federal Aviation Act.

  AIRSPACE — The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations.

  BOARD OF APPEALS — The previously established Zoning Board of the Town of Westerly, pursuant to RIGL 1-3-19, shall be the Airport Area Overlay District Board of Appeals to hear and decide all variances and all appeals from any order, requirement, decision, or determination made in the enforcement of this section.

  CONFLICTION AREAS — Those areas identified within the Airport Area Overlay District where ground elevation plus the maximum height restriction under current zoning (i.e., 35 feet above grade) is within the FAR Part 77 approach surface and conflicts with the regulated imaginary surfaces.

  FAA 7460-1 AIRSPACE ANALYSIS — An analysis performed by the FAA upon submission of an FAA 7460-1 (Notice of Proposed Construction or Alteration) form. This analysis, performed pursuant to FAR Part 77, Objects Affecting Navigable Airspace, concerns the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. The conclusion of each study is normally a determination as to whether the specific proposal studied would be a hazard to air navigation and/or a determination for marking and/or lighting.

  IMAGINARY SURFACE — That surface established with relation to the airport and to each runway by the FAA. The size of each imaginary surface is based on the category of each runway according to the type of approach available for that runway. The slope and dimensions of the surface applied to each end of a runway are determined by the most precise approach procedure existing for that runway end.

  OBSTRUCTION — Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used therein, the height of which exceed the standards established in Subpart C of Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace.

  PART 77 SURFACES — Imaginary airspace surfaces established with relation to each runway of an airport.

  RUNWAY PROTECTION ZONE (RPZ) — An area off the end of a runway used to enhance the protection of people and property on the ground.

  STRUCTURE — For the purposes of only this section, any object constructed or installed by humans, excluding trees and vegetation, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same.

  VARIANCE — For the purposes of this section, a variance is permission granted by the Board Of Appeals to depart from the literal requirements of this section in the establishment or maintenance of a use of land that is prohibited in the AA, including, without limitation, erecting any structures, increasing the height of any structure, permitting the growth of any tree, or otherwise using his or her property in violation of this section. The standards for a variance shall be those set forth in Subsection H herein, and are based on RIGL 1-3-15 and are different from the definition and standards used in all other sections of this chapter, which are based on RIGL 45-24-31(66) and 45-24-41.

• E. Regulatory limitations. The following additional regulations shall apply within the Airport Hazard Area Overlay District as defined on the Airport Area Overlay District Maps.
  • (1) Runway Protection Zone (RPZ): This zone is the closest area to each runway end and is intended to provide a clear area that is free of aboveground obstructions and any structures, to enhance the protection of people and property on the ground. The area defined by the RPZ is represented at grade level and corresponds to the Zone A designated on the Airport Layout Plan for the Westerly State Airport approved by the FAA July 17, 2009.
    • (a) Use restrictions. There shall be no residential or nonresidential development or other type of land use allowed in the RPZ except for open space areas, uses that do not attract wildlife, and those that do not interfere with navigational aids. The following potential compatible uses may be allowed only after development plan review approval, as set forth in Subsection F:
      • [1] Parking uses (i.e., off-street parking surface lots).
      • [2] Transportation uses (i.e., roadways, driveways).
      • [3] Plant-related agricultural uses (i.e., crop farming, wholesale nurseries).
      • [4] Animal-related agricultural uses (i.e., livestock operations, dairy farms, horse farms).
    • (b) Height of structures and trees. Any structure as permitted under this subsection, and any trees and vegetation, shall not exceed 15 feet in height above ground level.
  • (2) Confliction areas: The confliction area maps 2A, B, C and D are based on FAR Part 77 surfaces designated on the Airport Layout Plan for the Westerly State Airport of July 2009 and the results of FAR Part 77 35' Height Analysis conducted by Stantec, engineering consultant for RIAC, for the Westerly Airport in July 2016.
    • (a) Height of structures. Any structure on a lot or parcel upon which a mapped confliction area exists shall not penetrate a FAR Part 77 surface, unless a variance is received from the board of appeals, as set forth herein. Following construction or installation of any structure, an applicant shall provide the Zoning Official an as-built with a vertical survey performed by a registered professional engineer and/or registered land surveyor, demonstrating that the proposed structure does not penetrate any FAR Part 77 surface.
    • (b) Use according to underlying zoning. Use of a lot or parcel upon which a mapped confliction area exists shall be in accordance with the standard use regulations for the underlying zone as set forth in this chapter.
    • (c) Development plan review. Any structure, development or subdivision, other than the construction of a single-family residence, the enlargement, expansion, or reconstruction of a single-family residence, or any administrative subdivision, on a lot or parcel upon which a mapped confliction area exists must submit a single application for development plan review to the Planning Board as set forth in Subsection F. This submission may be combined with any other application required by the Zoning Ordinance or Subdivision Regulations.
• F. Development plan review procedures. On applications not requiring a variance, the Planning Board shall have the authority to approve, approve with conditions or disapprove the application. On applications requiring a variance, in accordance with Subsection H, the Planning Board review shall be advisory to the Zoning Board sitting as the Airport Area Overlay District Board of Appeals. Approval of the development plan shall become null and void unless construction has commenced or a building permit issued within 180 days from the date of approval. Development plan review will be conducted by the Planning Board as follows.
  • (1) Submission requirements. An applicant for development plan review under this section shall submit a single application consisting of:
    • (a) An application fee of $100;
    • (b) A summary of the project, outlining the proposed improvements;
    • (c) A composite site plan prepared by a registered engineer or land surveyor, stamped and dated, meeting the requirements of § 260-45E(3);
    • (d) A vertical survey performed by a registered professional engineer and/or registered land surveyor, demonstrating whether or not the proposed development will result in the penetration of the FAR Part 77 surfaces within a confliction area;
    • (e) A completed Federal Aviation Administration (FAA) Form 7460-1 "Notice of Proposed Construction or Alteration" and either FAA approval or an FAA "Determination of No Hazard to Air Navigation" (with or without conditions);
    • (f) Proof of submission to the Rhode Island Airport Corporation (at Rhode Island Airport Corporation, Attention Planning Department, 2000 Post Road, Warwick, RI 02886) with a request for their review and recommendation as to the aeronautical effects of the proposed development; and
    • (g) Any additional information deemed necessary by the reviewing officer or Planning Board for adequate review of the proposed project.
  • (2) Standards for development plan review. In review of an application, the Planning Board shall apply the following standards:
    • (a) Relation of proposed structures to buildings in the vicinity. The design and layout of the proposed structures shall be harmonious with the terrain and with existing buildings in the vicinity. Visual compatibility with the surrounding area shall be emphasized, with attention to the scale (mass), height, and proportions of the proposed structures, including but not limited to the setbacks and open spaces surrounding the buildings, the design of the buildings (including roof style, facade, architectural style and detailing), and building materials; and
    • (b) Relation of proposed structures to the FAR Part 77 surfaces. The design, layout and height of the proposed structures shall not result in a hazard to air navigation, or, where such hazard to air navigation is documented, it has been effectively addressed by marking and/or lighting in accordance with an FAA determination and/or RIAC opinion.
  • (3) Revisions. A development plan may be revised upon written approval of the Town Planner if all revisions are done in accordance with the provisions of this chapter and with any conditions to which the original approved plan is subject; provided, however, that any revision to a development plan determined by the Town Planner to be a substantial revision will require resubmission for approval as for a new plan.
• G. Continuance of existing use or structure. No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure not conforming to the regulations when adopted, or otherwise interfere with the continuance of any nonconforming use, except as specified herein.
  • (1) Continuation of a dimensionally nonconforming structure. Any preexisting dimensionally nonconforming structure shall not be required to be removed, lowered or otherwise changed or altered to conform to the requirements of this section. Nothing herein shall prevent any government entity otherwise authorized to regulate airport hazards or exercise the powers of eminent domain from exercising such powers, including requiring that any use or structure be lighted or marked and the removing of such use or structure or trees that violate the height requirements and/or constitute a hazard to air navigation.
  • (2) Replacement of a dimensionally nonconforming structure. Before a dimensionally nonconforming structure may be replaced, substantially altered or repaired, or rebuilt, development plan review approval shall be obtained from the Planning Board according to the procedures set forth in Subsection F of this section. No approval shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted.
  • (3) Abandonment. Whenever the Zoning Official determines that a dimensionally nonconforming structure has been abandoned as defined in § 260-9 of this chapter, or more than 80% torn down, destroyed, deteriorated or decayed:
    • (a) No building permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the regulations of this section;
    • (b) Whether application is made for a building permit under this section or not, the Zoning Official may by appropriate action compel the owner of the nonconforming structure or tree, at his or her own expense, to lower, remove, reconstruct or equip the object as may be necessary to conform to this section.
• H. Variances by the Zoning Board. Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his property in violation of the regulations of this section may apply to the Zoning Board sitting as the Airport Area Board of Appeals for a variance from the regulations in question.
  • (1) A variance under this section shall be allowed where:
    • (a) Literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship; and
    • (b) The relief granted would not be contrary to the public interest but do substantial justice; and
    • (c) The relief granted would be in accordance with the spirit of the regulations found in Chapter 3 of Title 1 of the Rhode Island General Laws.
  • (2) Application requirements. All variance applicants before the Zoning Board shall, in addition to any application materials required by the Zoning Official, submit all items contained within a completed application for development plan review in accordance with Subsection F.
• I. Special conditions by Zoning Board or Planning Board. The Zoning Board, in granting a variance, and the Planning Board, in granting development plan review approval, may impose special conditions that may, in the opinion of such board, be required to promote the intent and purposes of this section, the Zoning Ordinance and the Comprehensive Plan. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
  • (1) Requiring the owner of the structure or tree in question to install, operate and maintain suitable obstruction markers and obstruction lights thereon;
  • (2) Restricting the height of part or all of the structures below the applied-for height;
  • (3) Controlling the sequence of development, including when it must be commenced and completed;
  • (4) Controlling the duration of use or development, including hours of operation, and the time within which any temporary structure must be removed; and
  • (5) Designating the exact location and nature of development.
• J. Appeals.
  • (1) An appeal may be taken by a person aggrieved by any order, requirement, decision, or determination made in the administration or enforcement of this section or by any development plan review decision of the Planning Board to the Board of Appeals (i.e., Zoning Board). Said appeal procedures shall be those outlined within § 260-39 (Appeals to Zoning Board of Review) as associated with administrative determinations or § A261-45 (Process of appeal) as associated with the development plan review process.
  • (2) In accordance with RIGL 1-3-27, any person or persons jointly or severally aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board, or bureau of the Town of Westerly, may appeal to the RI Superior Court in the manner prescribed by RIGL 45-24-63, and the provisions of that section shall in all respects be applicable to the appeal.
• K. Penalties. Any violations, penalties and associated noncompliance with this section, including failure to abide by any special conditions attached to an approval, shall be subject to those penalties listed within § 260-26 (Enforcement) of this chapter.
• L. Conflicting regulations. In the event of conflict between the regulations set forth in this section and any other regulations applicable to the same area, whether the conflict is with respect to the height of structure, the use of land, or any other matter adopted by the Town of Westerly, the more stringent limitation or requirement shall govern.

Editor's Note: Former § 260-51, Flood Hazard Overlay District, as amended, was repealed 10-23-2017 by Ch. No. 1903. See now Ch. 127, Floodplain Management.

[Amended 9-27-1999 by Ch. No. 1276; 8-19-2019 by Ch. No. 1975; 9-11-2000 by Ch. No. 1320; 10-26-2020 by Ch. No. 1997; 11-22-2021 by Ch. No. 2011]

• A. Purposes. The groundwater underlying the Town is the sole source of its existing and future drinking water supply. Discharges of toxic and hazardous materials and sewage threaten the quality of such groundwater supplies and related water resources, posing potential public health and safety hazards and threatening economic losses to the community. Thus, the purpose of this Aquifer and Wellhead Protection Overlay District (the District) is to protect the Town's high quality groundwater aquifers and wellhead protection areas from contamination through incompatible land uses; to protect, preserve, and maintain the quality and quantity of the groundwater supply; and to protect the health, safety, and welfare of the public. The areas that need protection include the public supply wells, community and noncommunity wellhead protection areas, groundwater reservoirs, and associated GAA groundwater recharge areas.
• B. Definitions. Unless specified below or in § 260-9 of this chapter, the terms and phrases used in this section shall be defined in the same manner that they are defined, and amended, by the regulations of the Rhode Island Department of Environmental Management (RIDEM). See RIDEM Groundwater Quality Rules 250-RICR-150-05-3.

  AQUIFER PROTECTION PERMIT — A permit granted by the Zoning Board of Review to allow a use (or activity) designated by the letter "Q" in the Wellhead Protection Zone (WPZ) or the Aquifer Protection Zone (APZ) in the Zoning District Use Tables, Ch. 260 Attachment 11, or identified in Subsection F of this section.

  AQUIFER PROTECTION ZONE — Those areas depicted on the Official Zoning Map for the Town of Westerly intended to capture and protect important areas of the Town's water supply from contamination. These areas generally include groundwater recharge areas providing GAA classified groundwater. GAA classified groundwater, as defined in R.I.G.L. § 46-13.1-4(a)(1), is groundwater sources suitable for public drinking water use without treatment.

  BEST MANAGEMENT PRACTICE WORK PLAN (BMP) — A schedule of activities, prohibition of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the Town's groundwater quality to the maximum extent possible.

  CONTAINMENT STRUCTURE — A structure designed, built, and maintained for the purpose of sufficiently enclosing an aboveground storage tank or individual storage containers (e.g., drums) to contain spills until spill cleanup, which precludes entry of water and other materials not intended for storage therein, and from which entry by unauthorized persons is prevented.

  LAND USES WITH HIGHER POTENTIAL LOADS (LUHPPLs) — Areas where the land use has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. See 250-RICR-150-10-8, Stormwater. LUHPPLs include those land uses and activities identified in Table 3-2 of the Rhode Island Stormwater Design and Installation Standards Manual (2015) as requiring the use of specific source control and pollution prevention measures, which include industrial uses, auto fueling facilities, vehicle service, maintenance and equipment cleaning, road salt storage and loading areas, and outdoor storage and loading/unloading of hazardous substances.

  LOW-IMPACT DEVELOPMENT (LID) — A site planning and design strategy intended to maintain or replicate predevelopment hydrology through the use of site planning, source control, and small-scale practices integrated throughout the site to prevent, infiltrate, and manage runoff as close to its source as possible. See 250-RICR-150-10-8, Stormwater. The goal of LID is to the maximum extent practicable: 1) avoid increased runoff by protecting or restoring natural areas; 2) reduce runoff by limiting impervious cover and using pervious pavement; and 3) manage runoff using small-scale, vegetated treatment systems such as rain gardens and grassed swales.

  UNDERGROUND STORAGE TANK (UST) — Any underground tank, and associated components, including piping, used to contain, transport, or store regulated substances whose volume is 10% or more beneath the surface of the ground. Regulated substances include hazardous materials and hazardous wastes, such as petroleum and petroleum-based substances, acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene. See 250-RICR-140-25-1, Section 1.5(A).

  WELLHEAD PROTECTION ZONE — Those areas depicted on the Official Zoning Map for the Town of Westerly intended to capture and protect critical areas of the Town's water supply from contamination and includes the critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the Director of the RIDEM and which may be periodically updated and are available through RIGIS. These areas generally include community and noncommunity wellhead protection areas. See also the RIDEM Groundwater Protection Rules which include groundwater classification and wellhead protection area maps.

  • (1) COMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a community well that serves a community water system serving year-round residents with at least 15 service connections used by year-round residents or at least 25 individual year-round residents.
  • (2) NONCOMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a noncommunity well serving a public water system that is not a community well. Noncommunity wells may serve communities of at least 25 people for a least 60 days of the year.
• C. Designation. The Aquifer and Wellhead Protection Overlay District (the District) shall be defined as lots of record, or portions thereof, which are indicated as major stratified drift aquifers and their recharge areas (GAA classified groundwater), community wellhead protection areas, and noncommunity wellhead protection areas. The character of soils and subsoil conditions in these areas is such that any use introducing pollutants, contaminants or wastes into the natural drainage system could adversely affect the quality of municipal drinking water sources.
  • (1) The District is composed of a Wellhead Protection Zone (WPZ) and an Aquifer Protection Zone (APZ). The District, and the WPZ and APZ, are identified on the Official Zoning Map that is part of this chapter, on file in the Town Clerk's Office, and on display in the Zoning Office.
  • (2) The Official Zoning Map of the District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries, and boundaries are delineated on the following RIDEM maps which are incorporated by reference. The boundaries of the water supply basin and subwatersheds are delineated by the RIDEM using the United States Geological Survey 7.5-minute quadrangle maps (1:24,000 scale), and amendments thereto. The primary groundwater protection areas are delineated by the RIDEM pursuant to the methodology described in the Groundwater Quality Rules, 250-RICR-150-05-3, January 9, 2019, and amendments thereto. All District boundaries are available through the Rhode Island Geographic Information System (RIGIS). The boundaries of the District, and therefore the Official Zoning Map, are concurrently and automatically revised based upon improved data and refined delineations provided by the RIDEM through amendments to the Groundwater Quality Rules and RIGIS updates. This includes updates when community and noncommunity wells are approved by RIDEM or the Rhode Island Department of Health.
  • (3) When a lot is partially within the overlay district, the entire lot shall be considered to be located within the overlay district for application purposes.
• D. Preemption. The Aquifer and Wellhead Protection Overlay District is superimposed over any underlying zoning district established by this chapter. The regulations imposed within the District shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed within the District and those imposed by the underlying zoning district, the regulations imposed by § 260-52 shall govern. Where a new public water supply well(s) is licensed or approved, the new well and associated land use activities shall be subject to all standards and requirements of this section.
• E. Prohibited activities in the District. In addition to the prohibited uses which are identified in Zoning District Use Tables, Ch. 260 Attachment 11:
  • (1) The following activities shall be prohibited in the APZ and WPZ:
    • (a) Underground storage tank (UST) installations;
    • (b) Use of hazardous materials while conducting fire suppression training, fire suppression cleanup, and storage of fire suppression materials classified as hazardous, including PFOS/PFOA and related chemicals;
    • (c) Uncovered solid waste storage (i.e., dumpsters) associated with any use, which may result in discharge of waste to the environment;
    • (d) Storage of road salt and/or deicing materials, unless in accordance with 250-RICR-150-05-3 Groundwater Quality Rules Section 3.8 and Subsections H(2) and I of this section;
    • (e) Interior floor drains designed to permit fluid from any interior space to be discharged into or onto the ground, unless in accord with Section H(4) of this section;
    • (f) Discharge of sewage, liquid waste and/or wastewater, except for discharge of sanitary waste in accordance with a RIDEM-approved on-site wastewater treatment system. This prohibition does not apply to stormwater runoff which is permitted in accord with Subsections F(4) and H(5) of this section;
    • (g) Land disposal of sewage sludge and septage; and
    • (h) Animal waste storage on farms.
  • (2) The following activities shall be prohibited in the WPZ:
    • (a) Parking of vehicles used for storage or delivery of fuel oil, gasoline or other petroleum products or hazardous materials for greater than two hours in any twenty-four-hour period.
• F. Activities requiring an aquifer protection permit. In addition to the uses permitted with an aquifer protection permit which are identified in Zoning District Use Tables, Ch. 260 Attachment 11, the following associated activities require an aquifer permit in the District:
  • (1) Use and/or storage of solid waste, hazardous or toxic waste/materials, and petroleum products, which require a BMP work plan;
  • (2) On-site wastewater treatment systems or multiple systems serving the same use that exceed 2,000 gallons per day maximum daily design flow;
  • (3) Car washing activities (except incidental to residential uses); and
  • (4) Stormwater runoff with potential contamination from hazardous or toxic waste, petroleum product, or deicing materials, which must be treated in accordance with specific guidelines and may require submission of a BMP work plan.
• G. Aquifer protection permits. In accord with the authority vested to the Town in R.I.G.L. § 45-24-42, an aquifer protection permit shall be required for those uses, as identified on the Zoning District Use Tables, Chapter 260 Attachment 11, as "Q," and as identified in Subsection F above, when located within the District. An aquifer protection permit shall be in addition to any other relief the applicant/owner is required to obtain.
  • (1) Application.
    • (a) An application for an aquifer protection permit may be made by any person, group, agency, or corporation with a legal interest in the land to which it applies by filing in the Zoning Office an application describing the request, together with the pertinent application fee.
    • (b) The form and such data and/or evidence which comprise such an application shall be as set forth in forms provided by the Zoning Official.
      • [1] The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII of the Zoning Ordinance.
      • [2] Each application for an aquifer protection permit shall, at a minimum, require the following items be submitted:
        • [a] The original application and 10 copies of a site plan prepared by a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
          • [i] Name and address of property owner(s);
          • [ii] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
          • [iii] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
          • [iv] Existing and proposed structures, and their relationship and distances from lot boundary lines;
          • [v] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
          • [vi] Existing and proposed topography at two-foot intervals;
          • [vii] Existing and proposed driveways, parking areas and walkways;
          • [viii] Existing and proposed landscaping, as it relates to the request;
          • [ix] Existing streets, 911 address, wells, septic system; and
          • [x] Any peculiar site conditions or features.
        • [b] List of names and addresses of all property owners within 200 feet of the subject property, and 10 copies of a separate map showing all property owners within 200 feet of the subject property and/or all those property owners and entities that require notice under R.I.G.L. § 45-24-53, also depicting any zone district boundary and uses of all neighboring properties.
        • [c] Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required.
        • [d] Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application.
        • [e] Soil erosion and stormwater control plan with supporting calculations based on standards approved by the USDA Natural Resources Conservation Service and in conformity with the Rhode Island Erosion and Sediment Control Handbook.
        • [f] Evidence that there is sufficient water supply to support the proposed activity and that this supply is of drinking water quality.
      • [3] Each application form for an aquifer protection permit shall, at a minimum, require the following:
        • [a] Name and address of applicant, property owner, and lessee.
        • [b] Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address.
        • [c] Zoning district the lot is located in.
        • [d] Dimensions of the lot, in feet, to include frontage, depth, and area.
        • [e] Present and proposed use of the lot.
        • [f] Identification of all structures on the lot, including their size in feet.
        • [g] How long the current owner has owned the lot.
        • [h] The year that the lot was platted and recorded.
        • [i] Whether the owner or applicant has received a notice of violation for this or any property in the Town of Westerly and the status of that alleged violation. If a notice of violation was issued, a copy is to be attached to the application.
        • [j] Whether you have submitted plans related to this request to the Zoning Official.
        • [k] Whether you have requested a permit related to this request and, if so, whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached.
        • [l] Identification of the section of the Zoning Ordinance under which this application is filed.
        • [m] Describe in detail the wastewater generated by the proposed activity.
        • [n] Describe in detail the stormwater runoff generated by the proposed activity;
        • [o] List and describe in detail all chemicals, solvents, detergents, petroleum products, etc. (including but not limited to all substances required to be identified by the Rhode Island Right to Know Law, R.I.G.L. § 28-21-1 et seq.), to be stored or used on the premises and the precautions and/or container systems proposed.
        • [p] A specific statement of the grounds for which the relief is sought.
        • [q] Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived.
        • [r] The application is to be signed by the applicant or owner.
      • [4] Upon receipt of a completed application and all required submissions, the Zoning Official shall:
        • [a] Transmit a copy to the Zoning Board and Town Planner;
        • [b] Order the matter for advertisement in accord with the Rhode Island General Laws and Zoning Ordinance for the next practicable meeting of the Zoning Board; and
        • [c] Notify the applicant that the application has been determined complete and the date it is scheduled to be heard by the Zoning Board.
      • [5] The Zoning Board shall have the authority to require additional materials reasonably related to its analysis of the application.
  • (2) Notice and hearing. See § 260-34C, Special use permits, for notice and hearing requirements.
  • (3) Findings of Zoning Board. In granting an aquifer protection permit, the Zoning Board shall be satisfied by legally competent, and scientifically valid, evidence that all best practices and procedures to minimize the possibility of any adverse effects on the aquifer have been considered and will be employed, including but not limited to considerations of soil erosion, water supply protection, septic disposal, and wetland protection. Positive findings must be made regarding the following:
    • (a) Adequacy and suitability of the site for the proposed use, including the availability of utilities and other public services.
    • (b) The simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality and/or quantity that would result if proposed control measures were to fail.
    • (c) Obtaining and maintaining all required federal and state licenses.
    • (d) Adequacy of sewage disposal method, considering the need for advanced wastewater treatment and use of alternative pressurized and time-dosed drainfields to protect water sources (shallow, narrow drainfields should be used to provide better treatment, rather than bottomless sand filters, where water table allows).
    • (e) Use of low-impact development (LID) is required to the maximum extent practicable, including avoiding disturbance of natural areas, reducing impervious cover, and use of small-scale stormwater best management practices located close to where runoff is generated. (See Rhode Island Low Impact Development Site Planning and Design Guidance Manual prepared by RIDEM and CRMC for guidance.)
    • (f) Soil erosion and sediment control plans designed using all applicable measures in the Rhode Island Soil Erosion and Sediment Control (SESC) Handbook (Rhode Island State Conservation Committee, 2016) and subsequent updates and in compliance with all RIDEM minimum standards for construction site stormwater management (RIDEM Stormwater Rules).
    • (g) Provisions for protecting and restoring natural buffers that maximize protection of wetlands and surface water bodies.
    • (h) Mitigation of the impact on public and private water supplies to the greatest extent possible.
    • (i) Adequate and available proposed groundwater withdrawals, considering the quantity and quality of supply potentially available for the intended use (and potential impacts to wetlands and surrounding properties).
    • (j) Proper storage of any potentially hazardous material and a hazardous materials contingency plan for these materials.
    • (k) The ability to meet the standards contained in the 250-RICR-150-05-3, Groundwater Quality Rules Section 3.11 "Groundwater Quality Standards and Preventive Action Limits," pertaining to GAA and GA classified groundwater areas.
  • (4) Expert testimony. At the request of the Zoning Board, the Town may engage a professional civil engineer, hydrologist, geologist, soil scientist, or other appropriate professional for outside expertise, at the expense of the applicant, to provide findings and recommendations, including a statement of general consistency of the application with the goals and purposes of this section. Said findings shall be provided to the Zoning Board and applicant and shall be a public document available for review in the office of the Zoning Official.
• H. Specific design standards. The following specific site design and construction standards shall be required for all new and substantially reconstructed uses (as defined by the State of Rhode Island Building Code), other than one- or two-household residential uses within the District.
  • (1) Use and/or storage of solid waste, hazardous or toxic waste/materials, petroleum products, and chemicals (including fertilizers, pesticides, and herbicides). In addition to the following, use and storage of such materials in the WPZ or APZ may require a best management plan work plan (see Subsection I).
    • (a) Solid waste storage must be contained in a covered dumpster with drain plugs intact. Dumpsters must be properly maintained and emptied in a manner such that no solid waste is discharged to the environment.
    • (b) Storage of hazardous or toxic waste or materials and/or petroleum products (significant or insignificant quantities), where permitted, shall be contained in accordance with the following:
      • [1] Outdoor storage of hazardous or toxic materials or petroleum is prohibited, unless the Fire District Chief has determined that indoor storage would create a fire hazard, in which case an aquifer protection permit shall be required.
      • [2] Storage tanks shall be located within a building having roofing, walls, and floor(s) constructed of such materials as to render said building weather tight, and within a containment structure so as to prevent leakage of such products or materials into or onto the ground.
      • [3] Excluding portable fuel tanks for agricultural uses, storage tanks may be located outdoors provided they are located within a containment structure that has an impermeable base and surrounding barrier.
      • [4] Storage of heating fuel shall not exceed 500 gallons, except for storage regulated and permitted by RIDEM.
      • [5] The containment structure shall be designed such that:
        • [a] It is constructed of materials that are impermeable and compatible to the material being contained.
        • [b] It will contain greater than 110% of the capacity of the largest tank. If the containment structure is for individual containers, e.g., drums, it shall be designed to contain greater than 10% of the total volume of all the containers or the volume of the largest container, whichever is greater.
        • [c] Outdoor storage shall additionally be covered to protect the tanks and prevent accumulation of precipitation within the barriers. Where roofing is not practical, the containment structure shall be designed with an additional capacity sufficient to contain precipitation from a twenty-five-year, twenty-four-hour, rainfall event. Runoff from the containment shall be controlled by means of pumps, siphons or piping designed to eliminate discharge of contaminated water into the environment in the event of a spill or have a drain valve which will allow clear stormwater to be manually released as needed.
  • (2) Storage of road salt and/or deicing material. Storage of road salt and/or deicing material (salt/sand mixtures) is prohibited in both the Wellhead and Aquifer Protection Zones unless the storage of these materials is in accord with 250-RICR-150-05-3, Groundwater Quality Rules, Section 3.8, "Prohibitions and Other General Requirements." Per Section 3.8, storage must meet the following conditions:
    • (a) A secured, durable, waterproof cover over an impermeable base is required for all storage areas;
    • (b) If the pile is larger than 100 cubic yards, materials must be stored within a weatherproof structure; and
    • (c) A BMP work plan must be implemented to control runoff from the operational area around the storage area.
  • (3) Car washing facilities. Except incidental to residential uses, washing of motor vehicles requires an aquifer protection permit. Car washing facilities may be permitted by aquifer protection permit only if using recycled water and not discharging to the environment.
  • (4) Interior floor drains. Interior floor drains designed to permit fluid from any interior space to be discharged into or onto the ground shall be prohibited. Such interior floor drains may be permitted if designed to empty into an aboveground storage tank, capable of completely containing anticipated flows. Such tanks, if provided, shall:
    • (a) Not exceed 300 gallons of capacity;
    • (b) Shall be located in a basement or cellar, above the surface of floor, and the floor shall be constructed of concrete or contain a membrane liner capable of containing spills;
    • (c) If the basement or cellar floor is dirt, the tank shall be protected from the elements, rust-proofing shall be applied to the tank, and the tank shall be anchored to a concrete foundation capable of supporting the tank and which is larger than the tank in length and width to prevent leaks onto pervious surfaces;
    • (d) If the tank exceeds 300 gallons of capacity, but has less than 10,000 gallons of capacity, it shall be governed by § 260-52H(1)(b); and
    • (e) If the tank exceeds 10,000 gallons of capacity, the applicant shall be required to obtain an aquifer protection permit.
  • (5) Stormwater management. Site design and construction standards shall follow, where applicable, the standards of the Rhode Island Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8), recommendations and guidelines as provided in the Rhode Island Stormwater Design and Installation Standards Manual, 2015 and Rhode Island SESC Handbook (Rhode Island State Conservation Committee, 2016), as amended. These stormwater management requirements shall incorporate best management practices to meet all DEM minimum standards, including low-impact development (LID) as the primary means to avoid site disturbance, reduce impervious cover, and minimize runoff to the maximum extent practicable, and be designed to be effective in maintaining predevelopment groundwater recharge, and pollutant removal sufficient to maintain existing groundwater quality conditions, and without measurable impacts to groundwater and surface water resources. They shall be commensurate with the size and nature of the proposed use and designed for ease of access and low maintenance.
    • (a) Rainwater collected upon permanent roofing over 1,500 square feet in total area per lot shall be directed into dry wells, injection wells, or underground leaching galleys or otherwise diverted to a permeable ground surface, so as to encourage recharge of the groundwater; provided, however, that such rainwater shall not be mixed with stormwater runoff from any land uses with higher pollution potential (LUHPPL) prior to discharge into or onto the ground.
    • (b) In addition to the requirements of Chapter 224, Stormwater Management, of the Town of Westerly Code, stormwater runoff from LUHPPLs (paved high-use parking lots, loading areas, storage and operating areas, and other impervious surfaces subject to contamination from road deicing materials or petroleum products) shall be treated in accordance with the "Acceptable BMPs for Use at LUHPPLs," Table 3-3 of the Rhode Island Stormwater Design and Installation Standards Manual, 2015. At a minimum, RIDEM standards for treatment of such stormwater discharges from land uses with higher potential loads (LUHPPLs) must be met or exceeded (250 RICR-150-10-8, 8.14 Minimum Standard 8, acceptable stormwater management practices listed in RIDEM Stormwater Manual Table 8.14). Such BMP work plans may include:
      • [1] Wet vegetated treatment systems (WVTS), such as shallow WVTS, gravel WVTS, and permeable paving;
      • [2] Filtering practices, such as sand filters, organic filters, and bioretention;
      • [3] Green roofs; and
      • [4] Open channels.
  • (6) Vegetation. At least 20% of the area of each lot shall be retained as undisturbed soil and existing vegetation or for disturbed sites, restored soil and native vegetation.
  • (7) Land disturbance for development. Earth removal associated with site development, excluding construction necessary for new farm ponds, new drainage structures, and new farm roads, shall be subject to the following restrictions in the District:
    • (a) A minimum separation distance of four feet between the bottom of the excavation and the seasonal high-water table, as verified by RIDEM, shall be maintained;
    • (b) The installation and regular maintenance of permanent soil erosion and sediment control measures, as outlined in the RI SESC Handbook (Rhode Island State Conservation Committee, 2016), as revised, shall be required, including permanent revegetation of the land surface upon cessation of earth removal operations;
    • (c) Earth removal activities conducted as part of an approved subdivision shall comply with the Rhode Island Stormwater Management Manual, the Westerly Zoning Ordinances, and all other federal, state and Town statutes and regulations; and
    • (d) The adjustment of grade on a lot may be cut or filled up to a maximum of two feet above or below existing grade within the APZ or WPZ.
• I. Best management practice (BMP) work plan. Where an aquifer protection permit is required and the proposed use involves solid waste, hazardous or toxic waste/materials, petroleum products, chemicals (including fertilizers, pesticides, and herbicides), road salt and/or deicing material, or if state or federal permit, approval, or license is required because the use involves hazardous materials including hazardous waste, a BMP work plan shall be submitted.
  • (1) A BMP work plan shall, at a minimum, include the following:
    • (a) Indication of how the applicant will comply with all applicable design standards identified in § 260-52H.
    • (b) A copy of each item submitted with the application for the aquifer protection permit.
    • (c) A copy of each required state and/or federal permit, approval, or license required for the proposed use along with citation to the statute, law, ordinance, or regulation requiring these documents.
    • (d) List of all chemicals, pesticides, petroleum products, and other hazardous materials and the maximum quantity to be used, stored, transferred, or generated on the premises at any one time accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, malfunction, or spill including spill prevention and cleanup procedures and other countermeasures.
    • (e) Description of all hazardous or potentially hazardous wastes to be generated and the system to be used that will collect, store, treat (if necessary) on site, and subsequently dispose of off site, all waste products other than sanitary sewage. Include spill prevention and cleanup procedures to be used.
    • (f) Proposed measures to mitigate any potential adverse impact from hazardous materials or petroleum products spillage on the groundwater or structures feeding the groundwater.
    • (g) Description of the method by which local, state, and federal authorities will be notified in the event of an accident or spill of a hazardous material or petroleum product that will have a potentially adverse impact on the environment.
    • (h) Evidence of qualified professional supervision in the design, installation, operation, and maintenance of facilities or containers to be used for the handling, storage, generation, and disposal of hazardous materials and petroleum products.
    • (i) Documentation that drums and storage containers will:
      • [1] Be fit with secure lids at all times to prevent spills and leaks;
      • [2] Be stored as full as possible to prevent vapors and the chance of explosion;
      • [3] Have drip pans under spigots; and
      • [4] Have the operator control and absorb material spilled from the tops of the drum.
    • (j) Description of weekly storage area inspections, looking for leaks and for deterioration caused by corrosion or other factors. Inspections shall continue as long as hazardous materials are stored on site and/or containers that may contain traces of hazardous materials remain on site.
      • [1] Inspections shall include recording the inspection in an inspection log and filling out a weekly hazardous material storage area inspection checklist form during the inspection. An example form may be obtained from the Zoning Office.
      • [2] These records shall be kept for at least three years from the date of the inspection and shall be made available to the Zoning Official upon reasonable request.
      • [3] If storage includes hazardous waste for which a weekly hazardous waste storage area inspection checklist form is required to be recorded as per the RIDEM (See Section 2.0 of the Hazardous Waste Compliance Workbook for Rhode Island Hazardous Waste Generators, RIDEM Office of Customer and Technical Assistance and Office of Waste Management, dated December 2015, or the most recent revisions thereto), those records shall also be made available to the Zoning Official after reasonable request.
    • (k) Procedures for clearly labeling containers and tanks as to contents.
    • (l) Procedures for clearly marking hazardous materials generation and storage areas to indicate the presence of hazardous materials. Material safety data sheets (MSDS) shall be kept for all hazardous materials near the point of generation and storage for ready access by employees, inspectors, etc.
    • (m) Requirements for venting systems for evaporation or other type of discharge to the atmosphere of hazardous materials to be designed with a recovery system to prevent the release of contaminated condensate or drippage.
    • (n) Description of areas used for loading and transferring hazardous materials and/or petroleum products to have an impermeable surface and a dike to contain spills or leaks.
    • (o) Demonstration that adequate quantity of spill containment materials will be maintained on hand, documented training in the use of such containment materials and prevention of spills and releases will be provided, and a written plan for proper use and disposal of these materials for all potential spills or releases.
    • (p) Address fire protection systems needed for flammable or combustible materials stored in these areas (i.e., to prevent catastrophic fire and release of materials resulting from the fire).
  • (2) Insignificant quantities of materials. The requirements of the BMP work plan do not apply to insignificant quantities of materials on site if, in the opinion of the Zoning Board, the presence of such substance does not constitute a potential for degradation of surface or groundwater resources in the area and such substance is contained in a suitable storage area.
    • (a) To make a determination on the presence of significant quantities of such materials, the applicant shall provide the Zoning Board with a list of all such materials and their respective quantities to be located on site, as well as the written opinions of the RIDEM Division of Air and Hazardous Materials, the RIDEM Division of Agriculture, or the Rhode Island Pesticide Coordinator, as applicable.
    • (b) Insignificant quantities of hazardous materials may be construed as that which are necessary for the operation of a farm, residence, office, or business, including the operation of equipment, vehicles, or other mechanical systems necessary for the operation of a permitted use (e.g., storage of fuel and oil for lawn equipment used for on-site groundskeeping equipment).
  • (3) BMP work plan updates. As a condition of approval, the applicant, and his successors, agree to provide the Zoning Official with an updated BMP work plan every five years and shall annually provide a copy of the weekly inspection reports to the Zoning Official as a condition of renewing their business license. Updates shall include photographs of the current site conditions and specifically include photographs of current condition of each tank, container, and leak/overflow prevention system. The photographs shall be date stamped and shall be of such quality and nature to allow the Zoning Official the ability to assess the conditions.
  • (4) Changes to the BMP work plan. The BMP work plan shall not be altered, amended, or changed in any "material" way unless approved by the Westerly Zoning Board of Review.
    • (a) The determination of whether any alteration, amendment, or change in the approved BMP work plan is "material" shall be made by the Town Zoning Official and the Zoning Board Chairman. The Zoning Official is otherwise conferred with administrative authority to approve "non-material" modifications to a BMP work plan.
    • (b) The applicant and his successors agree to amend the BMP work plan if:
      • [1] A change to the list of hazardous materials and petroleum products is made;
      • [2] Changes are proposed to the methods of handling, storage and disposal of hazardous materials and petroleum products;
      • [3] There is a proposed significant increase in the maximum quantities of hazardous materials and petroleum products involved; or
      • [4] There is potential to significantly increase the impact on the groundwater.
• J. Dispute of and/or changes to the District boundaries. When the boundaries of the Aquifer Protection Overlay District are in doubt or in dispute, resolution of the dispute shall be sought by means of an application, accompanied by adequate documentation, to the Rhode Island Department of Environmental Management (RIDEM), pursuant to 250-RICR-150-05-3, Groundwater Quality Rules, Section 3.10 "Modification of Groundwater Classification."
• K. Enforcement. All facilities constructed, and uses allowed, in accordance with § 260-52 shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities and uses, including the failure to comply with the BMP work plan or to keep the BMP work plan current, shall constitute a violation of this section and is subject to enforcement action by the Town, in accordance with federal, state, and local regulations, as provided in § 260-26. In addition, as a condition of granting a permit for any such facility or use, the Town is empowered to enter onto the premises to inspect said facilities and use for the purpose of determining their functionality and compliance with this section.
• L. Nothing contained in this section shall prohibit the Zoning Board of Review from granting variances and/or special use permits under the provisions of this chapter in addition to granting aquifer protection permits.
• M. The requirements of this section shall not apply to solar installations located on land owned by the municipality.

[Added 2-14-2011 by Ch. No. 1739]

• A. Purpose. Westerly hereby establishes special regulatory land use standards for properties located within the Salt Pond Overlay District to recognize and protect the sensitive nature of the coastal environment and to coordinate with the policies and regulations of the Rhode Island Coastal Resources Management Council (CRMC) and its Salt Pond Region Special Area Management Plan for Westerly.
• B. Designation. The district includes all land shown on the map entitled "Town of Westerly Salt Pond Overlay District, May 2010" on file in the Planning Department. The Salt Pond Overlay District boundaries are the same as those contained in the CRMC's Salt Pond Region Special Area Management Plan.
• C. Activities within the Salt Pond Overlay District subject to Coastal Resources Management Council jurisdiction. The Rhode Island Coastal Resources Management Program should be referred to for specific regulatory requirements on buffers, setbacks, subdivision density, recreational docks, barrier beach development, beach replenishment, among other activities which occur within the Salt Pond Overlay District.
• D. Activities requiring Coastal Resources Management Council permit.
  • (1) The following activities which occur within the Salt Pond Overlay District require a Coastal Resources Management Council assent (application approval). Refer to CRMC Salt Pond Region Special Area Management Plan, Chapter 9, Regulations, for more detailed information and required procedures.
    • (a) Activities on or within 200 feet of a coastal shoreline feature.
    • (b) Watershed activities:
      • [1] New subdivisions of six units or more, or resubdivision for a sum total of six units or more on the property proposed after March 11, 1990, irrespective of ownership of the property or the length of time between when units are proposed.
      • [2] Development requiring or creating more than 40,000 square feet of total impervious surface.
      • [3] Construction or extension of municipal, private residential hook-ups to existing lines, or industrial sewage facilities, conduits, or interceptors (excluding onsite sewage disposal systems outside the 200' zone). Any activity or facility which generates or is designed, installed, or operated as a single unit to treat more than 2,000 gallons per day, or any combination of systems owned or controlled by a common owner and having a total design capacity of 2,000 gallons per day.
      • [4] Water distribution systems and supply line extensions (excluding private residential hook-ups to existing lines.)
      • [5] Development affecting freshwater wetlands in the vicinity of the coast.
  • (2) In addition to the activities listed above, if the Coastal Resources Management Council determines that there is a reasonable probability that the project may impact coastal resources or conflict with the Salt Pond Region Special Area Management Plan (SAMP) or the Rhode Island Coastal Resources Management Program (RICRMP), a Council assent will be required in accordance with all applicable sections of the Rhode Island Coastal Resources Management Program.
• E. Subdivision density. Subdivisions of six or more units, as defined in Subsection D(1)(b)[1], above, shall not exceed an average density of one residential unit per 80,000 square feet in self-sustaining lands and one residential unit per 120,000 square feet for lands of critical concern as defined by the CRMC and calculated on the basis of available land suitable for development.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• F. Coordination with municipal land use reviews. CRMC review and approval of major subdivisions and land development projects are coordinated with municipal review and approval as established by state law (R.I.G.L. 45-23) and municipal regulations:
  • (1) Written initial comments shall be solicited from the Coastal Resources Management Council for all major subdivision and land development projects. These comments shall be requirements for any submission and approval of the master plan phase of review.
  • (2) Final approval from the Coastal Resources Management Council is required for major subdivision and land development projects as a submission requirement for the preliminary plan phase of review. Therefore, final approval from CRMC is required prior to the public hearing and approval of any preliminary plan.

[Amended 10-14-2003 by Ch. No. 1468; 8-21-2017 by Ch. No. 1897]

• A. Purpose. The purpose of this section is to create, subject to the guidelines listed herein, the alternative of short-term overnight accommodations in a residential setting for travelers and visitors to Westerly. It is recognized that bed-and-breakfast accommodations provide a valuable economic service to the Town in support of the tourism industry and help to preserve larger historic homes in the community by providing an opportunity to the owner for income to support continued use of the structure and maintenance of the property. These regulations are intended to ensure that tourist and guesthouse establishments in the Town are operated and maintained with as little impact as possible, to maintain and preserve the residential character, integrity, and property values of surrounding areas within which these facilities are located and maintained.
• B. Definitions. As used in this section, the following terms shall have the meanings indicated:

  BED-AND-BREAKFAST — A single-family structure including related habitable accessory structures (i.e., guesthouses) in which the principal use is permanent residential quarters and, as an accessory use, without separate kitchen facilities are made available for transient occupancy for not more than seven consecutive days for compensation, and requiring owner-occupancy for management purposes.

  BED-AND-BREAKFAST INN — A residential structure used for transient occupancy for not more than seven consecutive days for compensation. Exterior appearance of such structures shall be maintained in a manner that is in keeping with the residential character of the neighborhood in which it resides. Occupancy is provided in individual bedrooms without separate kitchen facilities and is operated under the management of an owner-occupant or a single, full-time resident manager.

• C. Location. Bed-and-breakfasts and bed-and-breakfast inns shall be limited to properties with frontage on the following roads:
  • (1) Route 1 in its entirety.
  • (2) Route 1A from its intersection with Shore Road and Watch Hill Road to its intersection with Langworthy Road.
  • (3) Grove Avenue from its intersection with Granite Street to High Street.
  • (4) High Street from its intersection with Grove Avenue to Canal Street.
  • (5) Main Street from its intersection with Broad Street to the intersection of Beach Street and Margin Street.
  • (6) Margin Street from its intersection with Main Street to Clark Street.
  • (7) Elm Street from its intersection with Broad Street to the intersection of Beach Street.
  • (8) Beach Street from Main Street to its intersection with Sosoa Lane (formally Thompsons Corner Road).
• D. Specific requirements.
  • (1) Bed-and-breakfast. The following standards and requirements shall apply to bed-and-breakfast uses:
    • (a) Use. No bed-and-breakfast shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
    • (b) Dimensional requirements. Any bed-and-breakfast for consideration under this section must be located and operated on a lot that is determined to be dimensionally conforming to the minimum dimensional requirements for the zoning district in which the property resides. This requirement shall not apply to the dimensional conformity of existing structures themselves.
    • (c) Owner occupancy/management. The property shall be the principal residence of, and be occupied and managed by, the owner during all periods of operation as a bed-and-breakfast.
    • (d) Number of bedrooms. The number of bedrooms associated with a bed-and-breakfast use for rent or occupancy shall be determined by the number of building-code-compliant bedrooms existing or proposed within the subject structure, as confirmed by the Building Official and Fire Department. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of property. The Zoning Board may limit the number of bedrooms based on the ability of the structure and property to accommodate occupancy effectively.
    • (e) Total occupancy. Unless otherwise approved by the Zoning Board as part of the special use permit, the total occupancy of a bed-and-breakfast use shall be based on double occupancy of the approved number of bedrooms to be used for transient purposes. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of the property.
    • (f) Parking. There shall be two parking spaces provided for the resident(s)/owner(s) use and one additional parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast resides and shall be designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
      • [1] A solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between a parking area(s) and an adjacent residential property.
      • [2] Any light used to illuminate the parking area shall be arranged to reflect the light away from adjoining property in a residential district and away from adjacent streets.
    • (g) Kitchen facilities and meals.
      • [1] No kitchen or cooking facilities shall be allowed in guestrooms.
      • [2] Meals (including breakfast, lunch, or dinner), provided for and associated with guest accommodations and associated events, are permitted provided said service is in conformity with state statutes and Rhode Island Department of Health regulations.
      • [3] The display and/or sale of merchandise or other commodities to guests relating to locally produced gift items, souvenirs, or other items identifying the bed-and-breakfast establishment is permitted; however, these items shall not be offered for sale to the general public.
    • (h) Events. Subordinate events specifically associated with bed-and-breakfast operations that are accessory to guest stays may be permitted and may include attendance by nonpatron guests.
      • [1] The total number of guests allowed for these events shall be no more than twice or double the total guest capacity of the establishment.
      • [2] Parking. Notwithstanding part D.1(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
      • [3] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

        Editor's Note: See Ch. 171, Noise.

    • (i) Signs. Any other section of these ordinances notwithstanding, a bed-and-breakfast establishment shall be allowed a sign no larger than four square feet, and it shall only contain the name of the proprietor or the name of the residence. The sign shall be nonilluminated and unanimated with the exception of spotlighting.
    • (j) Exterior alterations prohibited. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed-and-breakfast, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are compatible with the character of the neighborhood and approved as part of the special use permit.
  • (2) Bed-and-breakfast inn. The following standards and requirements shall apply to bed-and-breakfast inn uses:
    • (a) Use. No bed-and-breakfast inn shall be permitted without receiving development plan review approval from the Planning Board prior to obtaining approval for a special use permit from the Zoning Board of Review, as provided for in the provisions of §§ 260-34 and 260-45 hereof. In addition, an applicant may not apply for, and be issued, a dimensional variance from the standards outlined in this section in conjunction with the required special use permit.
    • (b) Dimensional requirements.
      • [1] Any bed-and-breakfast inn for consideration under this section must be located on a parcel of land that is equal to or greater than one acre in size.
      • [2] Bed-and-breakfast inns shall only be located and/or operated on dimensionally conforming lots for the zoning district in which it resides as defined in §§ 260-19 and 260-20 hereof. This requirement shall not apply to the dimensional conformity of existing structures.
      • [3] Adjacent properties within a bed-and-breakfast overlay district may be considered as a single, integrated bed-and-breakfast inn, provided each shall meet the minimum dimensional requirements of the Zoning Ordinance.
    • (c) Owner occupancy/management. The property shall be the principal residence of, and be occupied and managed by, the owner of the property or may operate under the management of a single, full-time resident manager, during all periods of operation as a bed-and-breakfast inn.
    • (d) Number of bedrooms. The number of bedrooms associated with a bed-and-breakfast inn use for rent or occupancy shall be determined by the number of building-code-compliant bedrooms existing or proposed within the subject structure, as confirmed by the Building Official and Fire Department. The Zoning Board shall ensure that the proposed occupancy can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of property. The Zoning Board may limit the number of bedrooms based on its review of the ability of the structure and property to accommodate occupancy effectively.
    • (e) Total occupancy. Unless otherwise approved by the Zoning Board as part of the special use permit, the total occupancy of a bed-and-breakfast inn use shall be based on double occupancy of the approved number of bedrooms to be used for transient purposes. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of the property.
    • (f) Parking. There shall, be two parking spaces provided for resident(s)/owner(s)' use and one parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast inn resides and designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
      • [1] A solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between such area and an adjacent residential property.
      • [2] Any light used to illuminate the parking area shall be arranged to reflect the light away from adjoining property in a residential district and away from adjacent streets.
    • (g) Kitchen facilities and meals.
      • [1] No kitchen or cooking facilities shall be allowed in guestrooms.
      • [2] Meals (including breakfast, lunch, or dinner), provided for and associated with guest accommodations and associated events, are permitted provided said service is in conformity with state statutes and Department of Health regulations.
      • [3] The display and/or sale of merchandise or other commodities to guests relating to locally produced gift items, souvenirs, or other items identifying the bed-and-breakfast inn establishment is permitted; however, these items shall not be offered for sale to the general public.
    • (h) Signs. Any other section of these ordinances notwithstanding, a bed-and-breakfast inn establishment shall be allowed a sign no larger than four square feet, and it shall only contain the name of the proprietor or the name of the residence. The sign shall be nonilluminated and unanimated with the exception of spotlighting.
    • (i) Exterior alterations prohibited. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed-and-breakfast inn, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are compatible with the character of the neighborhood and approved as part of the special use permit.
    • (j) Events.
      • [1] Subordinate events specifically associated with bed-and-breakfast inn operations that are accessory to guest stays may be permitted and may include attendance by nonpatron guests.
        • [a] The total number of guests allowed for these events shall be no more than twice or double the total guest capacity of the establishment.
        • [b] Parking. Notwithstanding Subsection D(2)(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
        • [c] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

          Editor's Note: See Ch. 171, Noise.

      • [2] Special events (such as weddings, cultural or charitable events, garden parties, dinners, or conferences) otherwise not specifically associated with guest stays and not incidental and subordinate to the provision of overnight accommodations may also be permitted in consideration of a special use permit for bed-and-breakfast inns subject to the following:
        • [a] The Zoning Board must take into consideration such events when rendering a decision on the required special use permit for the bed-and-breakfast inn use and specifically make a finding(s) that such events are appropriate at the subject property and the neighborhood in which it resides.
        • [b] The applicant shall delineate the configuration of the interior and/or exterior area to be used on the property for event purposes and guest congregation. This delineated area shall be used as the basis for the maximum number of guests allowed which may be determined by the Fire Department in compliance with the State Fire Code. If the State Fire Code does not apply, the Zoning Board shall determine the total number of guests allowed based on the design and layout of the site to accommodate such use, and any other information pertinent to the request. The maximum number of guests should be inclusive of the owner-occupants of the property, patrons, nonpatrons and any other person proposed to attend the event (e.g., caterers, serving staff, photographers/videographers, etc.).
        • [c] Notwithstanding Subsection D(2)(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
        • [d] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

          Editor's Note: See Ch. 171, Noise.

        • [e] Each special event shall require a one-time-event license in accordance with Chapter 221 of the Town Code.

          Editor's Note: See Ch. 221, Special One-Time Events.

• E. Special use permit.
  • (1) No bed-and-breakfast or bed-and-breakfast inn shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
    • (a) A bed-and-breakfast shall be considered a single-family dwelling and therefore not require development plan review. The Zoning Board of Review may, however, in its consideration of the application for a special use permit, request the Planning Board for an advisory opinion concerning the site plan and/or a determination of consistency with the Comprehensive Plan when necessary.
    • (b) A bed-and-breakfast inn shall be subject to the development plan review requirements of § 260-45 hereof, in addition to the requirement for a special use permit.
  • (2) In petitioning the Zoning Board for said special use permit, the applicant shall describe the request, including the existing use and proposed bed-and-breakfast use, which shall document the following:
    • (a) Statement describing the type of use, management type, total occupancy, any other relevant details associated with the proposed use, and a statement as to the conformity of the proposal with all applicable requirements of this section.
    • (b) A site plan showing existing and proposed exterior conditions (and all associated improvements with the proposed use), including existing and proposed signage, lighting, existing and proposed parking spaces and screening required to meet the parking requirements outlined within this section.
    • (c) A floor plan identifying existing and proposed interior conditions, including the number of existing and proposed bedrooms (delineating which are to be utilized by the owner-occupants and/or manager and patron use).
    • (d) Outline of any proposed or anticipated events, if any, including the location of all interior and/or exterior areas of congregation on site plan(s) or floor plan(s), estimated number/frequency and capacity/scale of such events, and confirmation from the Fire Department in regards to total occupancy associated with the same.
    • (e) A statement describing all exterior alterations, including additions, that may be made for the express purpose of maintaining or adding to a bed-and-breakfast.
    • (f) Evidence that the existing sewer connection or on-site wastewater system (OWTS) is adequate to accommodate proposed events.
  • (3) In consideration of a special use permit requested under this section, the Zoning Board shall:
    • (a) Determine the appropriateness of the use as proposed, including any proposed events, as well as the ability of the property to accommodate and support all patron and nonpatron guests. In doing so the Zoning Board shall determine if the subject establishment can effectively and efficiently accommodate the use based on the configuration of the structure and the physical layout of property (as it exists or has been designed) as it relates to physical access, site design, traffic, proximity and potential impact on adjacent residential properties or neighborhoods.
    • (b) The Zoning Board shall review the screening requirements for parking areas for each application and determine the suitability and/or applicability of this requirement in regards to existing screening to be maintained or where screening may be detrimental to traffic circulation or view corridors of adjacent residential properties. The Zoning Board may make modifications to these requirements when deemed appropriate.
    • (c) For instances where events are proposed, the Zoning Board shall verify that the requirements of this section have been met, the design and location of parking areas and areas of congregation are suitable, particularly as it relates to occupancy and/or total maximum guests allowed as determined by the Fire Department, and the impact of these events on the neighborhood in which it resides.

(Reserved)

(Reserved)

[Added 2-14-2011 by Ch. No. 1738]

• A. Purpose.
  • (1) The Town of Westerly finds that the revitalization of our existing mills will benefit the general health and welfare of our residents and the region by fulfilling existing housing, transportation and employment needs. Therefore, the Town designates four historic mill sites for the purposes of this section to encourage adaptive reuse and economic and residential potential that fits the character of the historic villages and districts that the mills are located in.
  • (2) The purposes of an Historic Mill Overlay are to:
    • (a) Provide for the coordinated and mixed development of residential, business, industrial, manufacturing and institutional uses;
    • (b) Encourage adaptive reuse of abandoned, vacant, or underutilized business or manufacturing buildings or structures;
    • (c) Allow for a mix of new land uses that are appropriate to both the needs of the community and the scale of surrounding neighborhoods;
    • (d) Create major new mixed-use areas in planned locations at appropriate densities, heights, and mixtures of use;
    • (e) Encourage flexibility in site and architectural design, restoration and building bulk;
    • (f) Encourage building reuse and infill to create higher densities; and
    • (g) Maintain a consistently high level of design quality.
• B. Establishment. The Historic Mill Overlay is hereby established in accordance with the 2010 Comprehensive Plan adopted in February 2010, and consists of four sites in the Town of Westerly and designated as the following:
  • (1) Potter Hill Mill: Tax Assessor's Plat 8/Lot 23.
  • (2) Bradford Dye Mill: Tax Assessor's Plat 15/Lot 14.
  • (3) Griswold Mill – Tax Assessor's Plat 16/Lot 1.
  • (4) Moore Co. Mill: Tax Assessor's Plat 46/Lot 5.
• C. Definitions. As used in this section, the following terms shall have the meanings indicated:

  COMMERCIAL PARKING FACILITIES — Parking facilities created for the purpose of generating income from paid parking, but not including commuter parking lots owned by the transit operator.

  MIXED-USE — Development contained on a single parcel or adjoining parcels that includes different, complementary uses (both residential and non-residential) and which provides for a variety of activities throughout the day.

  OVERLAY ZONE — An overlay zone that encompasses one or more underlying zoning districts, and imposes additional or alternative requirements or provisions than required by the underlying zoning.

  PEDESTRIAN FRIENDLY DESIGN — The design of communities, neighborhoods, streetscapes, buildings and other uses that promotes pedestrian comfort, safety, access and visual interest.

  PRIMARY SIGN — A sign used for a nonresidential or mixed-use building that is the primary notification of the tenant(s) therein and is generally located by the main entrance(s) to said building.

  SHARED PARKING — Parking that is utilized by two or more different uses that generate different peak period parking demand.

• D. Authority. The Zoning Board of Review shall have authority to act on approval of any and all applications made pursuant to this section by the granting of a special use permit pursuant to § 260-34 of the Zoning Ordinance of the Town of Westerly, provided that the matter is referred to the Westerly Planning Board who shall submit recommendations and a general statement as to the consistency of the application with the goals and purposes of the Comprehensive Plan, and the Westerly Planning Board shall be required to give a recommendation pursuant to § 260-34B and all applicants must complete the development review requirements of the Zoning Ordinances of the Town of Westerly.
• E. Use schedule.
  • (1) Permitted uses. Any uses permitted in the underlying zoning district of any property with the Historic Mill Overlay District shall continue to be permitted. Any uses allowed by the granting of a special use permit in the underlying zoning district of any property within the Historic Mill Overlay District shall continue to be allowed by the granting of a special use permit.
  • (2) Additional permitted uses.
    • (a) Single-family residence.
    • (b) Family day-care homes.
    • (c) Heating, plumbing, and electrical supplies.
    • (d) Shoes, tailor, dressmaker, miscellaneous apparel and accessories, including yarn, fabric and serving supplies.
    • (e) Restaurants (no alcoholic beverages).
    • (f) Drug stores, news stands, tobacco stores, antique stores, bookstores/stationery stores, sporting goods, bicycle shops, jewelry stores, florists, camera and photo supply stores, gift novelty, souvenir shops, optical goods stores and video stores.
    • (g) General and professional offices, including medical, legal, accounting, engineering, architectural, insurance and real estate.
    • (h) Outdoor markets subject to applicable licensing requirements.
    • (i) Beauty and barbershops.
    • (j) Studios/dance schools.
    • (k) Exercise center, gymnasium.
    • (l) Conservation lands/wildlife or nature preserve.
    • (m) Accessory use to a permitted use.
  • (3) Additional uses requiring a special use permit.
    • (a) Multi-family residence.
    • (b) Accessory apartment.
    • (c) Liquor stores.
    • (d) General merchandise, department store, furniture and household goods (under 10,000 square feet).
    • (e) Household appliances.
    • (f) Radio, television and music stores.
    • (g) Electronic and computer sales and services.
    • (h) Grocery stores, deli, meat, fish, fruit, vegetable, dairy products, bakeries (under 10,000 square feet).
    • (i) Restaurants (alcoholic beverages).
    • (j) Retail not herein specified.
    • (k) General commercial offices.
    • (l) Photo studios.
    • (m) Travel agencies.
    • (n) Reupholstering and furniture repair.
    • (o) Repair and related services not elsewhere classified.
    • (p) Indoor commercial recreation not herein specified.
    • (q) Federal government postal services.
    • (r) State and local government.
    • (s) Library and museum.
    • (t) Community center.
    • (u) Accessory use to a special use permit.
    • (v) Mixed residential and nonresidential uses.
• F. Dimensional requirements.
  • (1) Setbacks for nonresidential and mixed-use: The setback requirements of the underlying zoning district shall apply. Buildings in existence prior to the adoption of the Historic Mill Overlay District may maintain their existing footprint regardless of setback requirements. Additionally, the Zoning Board may reduce front, side and rear yard setbacks to as low as 0 feet as part of a special use permit application if such a reduction is compatible with neighboring properties.
  • (2) Setbacks for residential uses (exclusive). If the underlying zoning district of the subject property is residential, then the setback requirements of the underlying zoning district shall apply. If the underlying zoning district is not residential, then the setback requirements of the residential zone in closest proximity to the proposed development shall apply.
  • (3) Height limitations for nonresidential and mixed-use: Building height for mixed-use or nonresidential use shall not exceed 50 feet and no building shall have more than four stories including any existing historical structure such as a tower or spire.
  • (4) Height limitation for residential uses (exclusive). If the underlying zoning district of the subject property is residential, then the building height limits of the underlying zoning district shall apply. If the underlying zoning district is not residential, then the building height limits of the residential zone in closest proximity to the proposed development shall apply.
  • (5) Frontage. As part of any special permit application, the Zoning Board may authorize frontage sufficient to meet the needs of the development; inclusive of easement or right-of-way access depending on the historic configuration of the property.
• G. Intensity of use. Applicants may propose more than one principal building per lot by way of a special use permit application. Configuration of these buildings is subject to the dimensional requirements listed in § 260-19.
• H. Parking requirements. The base parking standards for the underlying zoning district shall apply to individual uses in the Historic Mill Overlay. As part of a special use permit, both the Zoning Board of Review and the Planning Board shall review the parking requirements in accordance with the Zoning Ordinances of the Town of Westerly, specifically § 260-77. The Zoning Board, with the recommendations of the Planning Board, may reduce the minimum requirements or use alternative methods for meeting the parking requirements by utilizing the following criteria:

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (1) Shared on-site parking.
    • (a) Noncompeting uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 75% of the requirements for the predominant use may be waived by the Zoning Board if the applicant can demonstrate that the peak demands for two uses do not overlap.
    • (b) Competing uses. In mixed-use developments, applicants may propose a reduction in parking requirements where peak demands do overlap. In these cases, the Zoning Board may reduce the parking requirements of the predominant use by up to 30%.
  • (2) Off-site parking. Separate from, or in conjunction with shared parking provisions, an applicant may use off-site parking to satisfy his or her parking requirements in accordance with the following conditions:
    • (a) Off-site parking shall be within 500 feet of the property for which it is being requested.
    • (b) Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to the Zoning Board as a condition of the special use permit. Where an agreement shall expire within a specified timeline, the applicant or current property owner shall continue to provide evidence to the Zoning Board of Review that the agreement has been extended.
    • (c) The Zoning Board of Review, at its discretion, may allow spaces within a public lot to be used as a supplement to other acceptable parking arrangements. Public parking shall not account for more than 75% of the required parking spaces after all other parking reduction strategies have been applied.
• I. Design standards. The design standards in this section shall be applied to development within the Historic Mill Overlay District where applicable. The Zoning Board, upon the recommendations of the Planning Board, may waive any of these standards if the applicant can provide compelling evidence that the waiving of design standards shall work to preserve the historic quality of existing buildings on the site, or shall otherwise further the goals of this section.
  • (1) Buildings.
    • (a) Where existing structures of historic architectural value are to remain in use, the historic architectural integrity of these existing structures shall not be significantly altered through the use of different signage, building materials or other architectural features;
    • (b) All buildings shall have a principal facade and entry (with operable doors) facing a street or open space. Buildings may have more than one principal facade and/or entry;
    • (c) Building finish materials shall be appropriate to traditional New England architecture and may include, but shall not be limited to brick or high-quality brick face, wood, stone or high quality stone-face. The use of vinyl, unfinished metal or fiberglass as a primary finished surface shall be prohibited;
    • (d) Blank walls adjacent to streets, alleys or open spaces shall not be permitted. Where windows are not possible or appropriate to the intended use, vertical articulation in the form of raised or recessed surfaces shall be used to break up blank walls;
    • (e) New or retained buildings shall have one of the following features along the front surface at intervals sufficient to provide a continuity to pedestrians: awning, marquee, arcade and/or colonnade; and
    • (f) Flat roofs are prohibited on single-story buildings and may be allowed on multistory buildings as long as the roofline projects outward from the building surface as a decorative cornice or parapet.
  • (2) Signs.
    • (a) Primary signs shall be flat against the facade or mounted projecting from the facade;
    • (b) Signs that project from buildings shall have at least 10 feet of clearance from the ground level;
    • (c) Freestanding directory signs may be permitted as part of coordinated development proposals in which several nonresidential operations are accessed through a common vehicular entrance and shall not exceed 10 feet in height;
    • (d) Signs shall be externally lit from the front. Backlighting of signs shall not be permitted;
    • (e) Neon, flashing signs, moving signs and roof signs shall not be permitted;
    • (f) Temporary signs with a specific date of expiration, such as sandwich boards, shall be allowed, after approval by the Zoning Official;
    • (g) Signs shall be made of attractive materials consistent with the character of the district, including, but not limited to; wood (painted or natural), stone, copper, brass, galvanized steel, painted canvas or paint/engraved on facade surface; and
    • (h) Signs may only be incorporated into the skirt of awnings and not on the primary angled surface.
  • (3) Site design.
    • (a) Parking areas shall be located in the rear of buildings where possible;
    • (b) Street level frontage shall be devoted to entrances, shop windows or other displays;
    • (c) Clear pedestrian pathways shall be provided between buildings on the same lot and between buildings on adjacent lots to ensure a continuous pedestrian pathway throughout the district;
    • (d) Where residential neighborhoods abut commercial, office or mixed-use developments, appropriate transitional features shall be used and may include landscaping, open space or parks, or streets with clearly designed pedestrian features; and
    • (e) Where a site abuts the Pawcatuck River, the applicant shall ensure that existing public access to the river is preserved and maintained.
• J. Procedure; site visit. Both the Zoning Board and Planning Board shall conduct a site visit during the public hearing. At the site visit, the Zoning Board and Planning Board and/or its agents may be accompanied by the applicant and/or its agents, as well as any abutters within the two-hundred-foot radius or their representatives.
• K. Severability. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of the section shall not be affected thereby.

Editor's Note: Former § 260-57, Post Road Overlay District (PROD), as amended, was repealed 10-30-2006 by Ch. No. 1588.

[Amended 10-26-2020 by Ch. No. 1997]

• A. Purpose. This district is comprised of properties with frontage on Granite Street from Grove Avenue intersection to its Tower Street intersection which is currently HDR-6. Professional offices are currently interposed within this area. This overlay district is intended to permit additional professional offices and artistic studios to complement this area between Downtown Commercial - 1 and the more intense highway commercial use which commences at the Tower Street intersection.
• B. Use.
  • (1) Those uses permitted as of right or by special permit in the HDR-6 District shall continue to be so permitted.
  • (2) The following uses shall also be permitted in the Granite Street Overlay District by special use permit.
    • (a) General and professional offices.
    • (b) Artistic and photo studios.
• C. Dimensional regulations. Dimensional regulations for such structures within this overlay district shall conform to the underlying HDR-6 zoning.

• A. Purpose. The purpose of this overlay district is that the development of the hospital and professional offices along Wells Street has impacted the properties on the opposite side of the street. It is therefore intended to permit the north side of Wells Street to become professional, provided that such change of use adheres to the regulations set forth herein.

  [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• B. Uses. Those uses permitted as of right or by special use permit in the HDR-6 or P-15 District shall also be permitted in this overlay district by right or by special use permit as the case may be.

  [Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

• C. Development standards. Any property which is intended for development within this overlay district with a use permitted under a P-15 and not permitted under HDR-6 shall be submitted as part of the development plan review process and shall fully require a special use permit from the Zoning Board of Review which may impose such further conditions as it may deem appropriate.

  [Amended 5-15-2000 by Ch. No. 1300]

• D. Location. This overlay district shall apply to existing lots abutting on the northerly side of Wells Street between Beach Street and East Avenue.
• E. Dimensional regulation.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (1) Minimum lot size.
    • (a) A structure having up to 1,200 square feet shall have a minimum lot size of 13,000 square feet.
    • (b) A structure having up to 1,500 square feet shall have a minimum lot size of 18,000 square feet.
    • (c) A structure having up to 2,000 square feet shall have a minimum lot size of 19,000 square feet.
  • (2) Maximum coverage. The total coverage by impervious surfaces shall not exceed 50% of the lot area.
  • (3) Rear setbacks. Rear setbacks shall consist of a twenty-five-foot vegetative buffer, including evergreen screens at least 10 feet at planting and maintained to a height of not greater than 20 feet.
  • (4) Side lines. Side lines shall consist of five-foot vegetative buffer, with a ten-foot side line setback for any structure.
  • (5) Front setback. Front setback shall be 20 feet from the street line.
• F. Developed existing lots of record. For any property located in this overlay district that is currently developed and contains a residential dwelling, those dimensional requirements specified in § 260-59E(1), (2), and (5) above shall not apply, provided that the proposed use does not alter in any manner the exterior of the structure currently on the property, and must maintain the residential character of the building. Also, any proposed use under this provision must be in conformance with §§ 260-86 and 260-78.

  [Amended 5-15-2000 by Ch. No. 1300]

[Amended 7-19-2010 by Ch. No. 1719; 7-8-2013 by Ch. No. 1790; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. No more than one single-family residential dwelling unit shall be permitted on a lot. A single-family dwelling unit shall have substantial and permanent interconnection of all household functions which must include foundation, walls and a roof.
• B. A residence shall not be converted to increase the number of dwelling units, unless:
  • (1) It is for an accessory dwelling unit or when multiple-unit dwellings are allowed in the district in which the building is located; and
  • (2) The yard dimensions and lot area meet the dimensional and area requirements of the zoning district; and
  • (3) The appropriate permits are obtained, including but not limited to building, electrical, plumbing, sewage and water.
• C. Soil erosion and sediment controls shall be installed prior to the start of construction in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials.
• D. All lots, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition.
• E. No lot shall have a paved front yard for parking or a driveway that exceeds 16 feet in width. Existing sidewalks and curbing shall not be removed without an alteration permit (curb cut). Driveway openings shall be no greater than 20 feet in width.

[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The minimum lot size for a two-family dwelling shall be two times the minimum lot size of the zoning district within which such use is permitted. Soil erosion and sediment controls shall be installed prior to the start of work at the direction of the Westerly Zoning Official and/or the Building Official in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials. All lots shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway openings, and driveway openings shall not exceed 20 feet in width.

[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The minimum lot size for a three-family dwelling shall be three times the minimum lot size of the zoning district within which such use is permitted. Soil erosion and sediment controls shall be installed prior to the start of work at the direction of the Westerly Zoning Official and/or the Building Official in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials. All lots, single-family, two-family or multifamily, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway openings, and driveway openings shall not exceed 20 feet in width.

[Amended 5-15-2000 by Ch. No. 1300; 10-30-2000 by Ch. No. 1329]

• A. In the HDR-6 and HDR-15 Zoning Districts, property being developed for four or more residential units is permitted by special use permit under § 260-34 and further governed by both the districts' dimensional regulations (See § 260-19) and the following:
  • (1) Location of structures within a lot shall be established as far as practicable from any one- and two-family homes on adjacent lots. Said locations, together with all parking areas and other impervious surfaces, shall be depicted on the site plan accompanying the special use permit application, and the plan for which a special use permit is granted shall be adhered to. Projects submitted for approval shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway openings, and driveway openings shall not exceed 20 feet in width.

    [Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) Landscape buffers shall be maintained along the side and rear lots of 20 feet in HDR-6 Zoning Districts and 30 feet in HDR-15 Districts.
  • (3) Townhouse structures of not more than four units per structure may be permitted on any lot conforming to the dimensional standards. (See § 260-19.). Multifamily buildings may be permitted only on lots with a minimum of two acres in HDR-6 and a minimum of four acres in HDR-15 Zoning Districts.
  • (4) All multifamily units shall be limited to not more than two bedrooms.
• B. With respect to those specific properties listed in Appendix G hereto, which is incorporated herein by reference, dwelling units arranged as single-detached, double-detached, and attached townhouses and/or combinations thereof, assisted living and/or congregate housing units are permitted by special use permit pursuant to § 260-34 with the additional requirement that the Zoning Board shall also be satisfied by legally competent evidence that all best practices and procedures to minimize the possibility of any adverse effects on the neighboring property, the Town of Westerly, and the environment have been considered and will be employed, including but not limited to consideration of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation and are further governed by the following:
  • (1) Purpose: The purpose of this provision is to provide for coherent development and variety of housing types with respect to certain property in which the underlying zoning district is MDR-30, LDR-40, or RR-60 and located north of Route 1A.
  • (2) Permitted uses: The permitted uses shall be limited to residential dwelling units and those accessory uses thereto permitted in the underlying zoning district. Rehabilitative facilities built in conjunction with assisted living/congregate housing complexes shall also be permitted. Twenty percent of said assisted living and congregate housing units may be devoted to skilled nursing beds.
  • (3) Minimum contiguous lot area: 50 acres.
  • (4) Minimum lot area exclusive of wetlands: 30 acres.
  • (5) Minimum lot frontage and width: 50 feet.
  • (6) Maximum height of structures:
    • (a) Assisted living/congregate housing: 42 feet (not to exceed three stories).
    • (b) All other structures: 35 feet.
  • (7) Density regulations:
    • (a) The number of bedrooms permitted on each site shall be determined as follows:
      • [1] Step 1: Deduct from the gross area of the property the freshwater and coastal wetlands.
      • [2] Step 2: Deduct an additional 15% of the area of the property remaining after Step 1.
      • [3] Step 3: Deduct the area of any existing utility easements within the property.
      • [4] Step 4: Divide the remaining land resulting from Steps 1, 2, and 3 by the minimum lot size in the existing (underlying) zoning district.
      • [5] Step 5: Multiply the result of Step 4 by three.
    • (b) Dwelling units containing up to the maximum number of bedrooms in units of at least two bedrooms may be arranged in single detached, double attached, and attached townhouses to a maximum of six units per structure. Assisted living and congregate housing complexes may include single-bedroom units and may include more than six units per structure.
  • (8) Buffer strip. A minimum strip, 100 feet in width, shall be maintained as a landscaped buffer along all side and rear lot lines in such developments and a strip 50 feet in width shall be maintained along the front lines as landscaped buffer strip.
  • (9) Off-street parking. Minimum off-street parking shall be provided and maintained as follows:
    • (a) Two car spaces of at least 270 square feet per dwelling unit. The 270 square feet may include servicing drives.
    • (b) No parking shall be permitted within the landscaped buffer strips.
    • (c) Off-street parking spaces and servicing drives shall be located within the boundaries of the development.
    • (d) The number of parking spaces required for assisted living/congregate housing complexes shall be as required in § 260-77A(4)(c) and (d).
  • (10) Lot coverage. The total ground area for all impervious surfaces shall not exceed the percentage of lot coverage in the zoning district.
  • (11) Structures, parking and other improvements shall be located as far as practicable from the property boundaries.
  • (12) All areas not proposed and permitted for structures and parking shall be designated recreation and open space, and the developer must convey to the Town a conservation restriction in the form of a development easement, in perpetuity. The Town shall be deemed to hold such development easement for the benefit of the Town as well as for the benefit of property owners within and abutting the Planned District, their successors and/or assigns, and may not release or modify said development easement in whole or in part without the unanimous consent of the property owners and the approval of the Town Council. The fee title to all or a portion of the areas not proposed and permitted for structures and parking may be conveyed to a nonprofit land conservation organization subject to said development easement. [See RIGL 45-24-47(D)]. An open space management plan shall accompany the application for review by and inclusion in the Zoning Board approval.

  Editor's Note: Appendix G is included as an attachment to this chapter.

[Amended 11-19-2007 by Ch. No. 1621]

• A. Purpose. The purpose of mixed-use developments is to promote a form of land use that:
  • (1) Incorporates residential, commercial, business, professional services and public uses in a compact, walkable environment;
  • (2) Resembles a traditional New England village in its physical design, scale, mix of uses, and visual character;
  • (3) Supports environmental sustainability by providing for pedestrian access and circulation, shared parking, on-site stormwater treatment and groundwater recharge;
  • (4) Creates a cluster of retail and service businesses to serve the needs of Westerly's residents;
  • (5) Encourages infill in existing commercial areas and adaptive reuse of existing nonresidential buildings; and
  • (6) Includes dwelling units that provide long-term housing that is affordable for low- or moderate-income households. The increased building density in mixed-use developments serves as a municipal subsidy to facilitate construction of affordable dwelling units pursuant to § 260-50.
• B. Approval procedure.
  • (1) Mixed-use developments shall be reviewed as major land development projects according to procedures in § A261-28 of the Land Development and Subdivision Regulations and shall also be subject to the requirements of § 260-45, Development plan review. Provisions of § 260-64 shall not apply to developments that are exclusively for commercial or business and professional services, in which no housing units are proposed.
  • (2) Mixed-use developments may be comprised of more than one lot and be located in one or more buildings or structures.
• C. Permitted locations and uses. Mixed-use developments are allowed in the following zoning districts: Highway Commercial (HC), General Commercial (GC), Downtown Center 1 (DC-1), Downtown Center 2 (DC-2), Neighborhood Business (NB), Professional/Office (P-15), Shore Commercial General (SC-G), and Shore Commercial Watch Hill (SC-WH). A mixed-use development may include any use allowed as of right or by special use permit (provided such special use permit is separately obtained from the Zoning Board) as listed in the following table and may include any combination of principal uses, including more than one use on a lot. Uses not listed in the table are prohibited.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  Mixed-use development — Zoning District Use Table P = permitted use; S = special use permit; N = not permitted
  Code	Use	HC	GC	DC-1	DC-2	NB	P-15	SC-G	SC-WH
  A-18	Housing units in mixed-use developments	P	P	P	P	P	P	P	P
  F-2.3	Paint, glass, wallpaper and hardware	P	P	N	P	P	N	N	N
  F-3.1	General merchandise	P	P	P	P	S	N	P	P
  F-3.2	Furniture and home furnishings	P	P	P	P	S	N	N	N
  F-3.3	Household appliance stores	P	P	P	P	S	N	N	N
  F-3.4	Radio, TV, music stores, computer sales and service	P	P	P	P	S	N	N	N
  F-3.5	Photo processing and accessories	P	P	P	P	N	N	N	N
  F-4.2	Grocery stores, delis, meat, fish, fruit, dairy and bakeries (less than 10,000 square feet)	P	P	S	P	S	N	S	S
  F-6.1	Shoes, tailor, dressmaker and miscellaneous apparel	P	P	P	P	P	N	P	P
  F-7.1	Restaurants (no alcoholic beverages)	P	P	P	P	P	N	P	P
  F-7.2	Restaurants (alcoholic beverages)	P	P	P	P	S	N	S	S
  F-7.3	Taverns/hotels (alcoholic beverages)	P	P	S	S	S	N	S	S
  F-8.1	Drugstores, newsstands, antique stores, bookstores/stationary stores, sporting goods, jewelry stores, gift, novelty, souvenir shops, optical goods stores and video stores	P	P	P	P	P	N	P	P
  F-8.3	Sporting goods and bicycle shops	P	P	P	P	P	N	P	P
  F-8.5	Banking services	P	P	P	P	N	S	N	N
  F-8.6	Pet shops	P	P	P	P	N	N	N	N
  F-8.7	Liquor/package store	P	P	N	P	N	N	N	N
  G-1.1	General commercial offices	P	P	S	P	S	S	S	S
  G-1.3	General and professional offices	P	P	P	P	P	P	P	P
  G-2.1	Laundry dropoff/pickup (no on-site cleaning)	P	P	S	P	S	N	S	S
  G-2.4	Beauty shops and barbershops	P	P	P	P	P	N	S	S
  G-2.5	Shoe repair and shoe shine	P	P	P	P	P	N	S	S
  G-2.9	Travel agencies	P	P	P	P	S	N	S	S
  G-2.10	Personal services not herein specified	S	S	S	S	S	S	S	S
  G-4.1	Electrical/electronic repair shop	P	P	S	P	S	N	N	N
  G-4.3	Small appliance repairs	P	P	S	P	S	N	N	N
  G-5.1	Studios/dance schools	P	P	P	P	P	N	N	N
  G-5.7	Exercise center, gymnasium	P	P	P	P	P	N	N	N
  G-5.8	Charitable recreation	N	P	P	P	N	P	S	S
  H-1	Federal government/postal service	P	P	P	P	S	S	S	S
  H-2	State and local government	P	P	P	P	S	S	S	S
  H-11	Library or museum	S	S	S	S	S	S	S	S
  H-12	Place of religious worship	S	S	S	S	S	S	N	N
  H-14	Day-care/child-care center	S	S	S	S	S	S	S	S
  I-2	Playgrounds	P	P	P	P	P	P	P	P
  J-1	Accessory to a permitted use	P	P	P	P	P	P	P	P
  J-2	Accessory to a special permit	S	S	S	S	S	S	S	S
  J-5	Off-street parking	P	P	P	P	P	P	P	P
  J-6	Customary home occupation (less than 150 square feet)	P	P	P	P	P	P	P	P

• D. Required mix of residential and nonresidential uses.
  • (1) Mixed-use developments shall contain a combination of residential and nonresidential uses. To ensure that commercial, business, professional or public uses remain paramount and not be placed in a secondary role to residential uses, the following table establishes a maximum percentage of gross floor area for residential uses in relation to the nonresidential uses listed in Subsection C above, unless otherwise provided for in § 260-87.4.

    Zoning District	Maximum Residential Gross Floor Area (square feet)
    HC	2 residential/1 nonresidential
    GC	2 residential/1 nonresidential
    DC-1	3 residential/1 nonresidential
    DC-2	3 residential/1 nonresidential
    NB	2 residential/1 nonresidential
    P-15	1 residential/1 nonresidential
    SC-G	2 residential/1 nonresidential
    SC-WH	1 residential/1 nonresidential

  • (2) The street-level floor of any mixed-use building shall consist entirely of commercial, business, professional or public uses, unless otherwise provided for in § 260-87.4. Except for entries, stairs, and elevators comprising no more than 10% of the gross floor area that provide access to upper-floor housing units, the street-level floor shall not be used for residential purposes. Nonresidential uses are permitted on upper stories of a structure. Residential uses shall not be permitted in the basement; provided, however, that storage for residences located within a building shall be allowed in basements as an accessory use.
  • (3) The Zoning Board of Review may grant a special use permit, pursuant to § 260-34, for relief from the requirements for maximum residential gross floor area set forth in Subsection D(1) above, provided that the Zoning Board of Review shall be satisfied, by legally competent evidence entered into the record, that in addition to the standards set forth in § 260-34D, the following standards are met:
    • (a) The surrounding structures are of similar size and configuration;
    • (b) The structure is preexisting, with a height of at least 50 feet, or if a new structure is proposed, it will be at least the maximum height allowed in the zoning district; and
    • (c) The entire street-level floor must have active nonresidential use along all street frontage and all riverfront frontage of the building.
• E. Required affordable housing.
  • (1) Definitions of specific terms relating to affordable housing are contained in § 260-50.1. Requirements for affordable housing in mixed-use developments are specified below and shall be in place of the inclusionary zoning requirement in § 260-50.2. Provisions of § 260-50.3 shall not apply to the HC, GC, DC-1, DC-2, NB, P-15, SC-G and SC-WH Zoning Districts.
  • (2) Except as provided herein, a minimum of 20% of all dwelling units within a mixed-use development shall be low- and moderate-income housing. Such affordable housing shall not be required in a mixed-use development that provides four or fewer dwelling units. Successive development applications for the same property or properties that cumulatively result in five or more dwelling units shall provide low- and moderate-income housing. This requirement applies to rental units as well as units offered for sale.
  • (3) In developments where the housing units will be offered for sale, low- and moderate-income units shall be affordable for a family with an adjusted gross income that is less than 100% of area median income. In developments where the housing units will be rentals, the rent for all low- and moderate-income units shall be affordable for a family with an adjusted gross income that is 80% or less of area median income.
  • (4) The Planning Board may approve mixed-use developments without the requirement that low- and moderate-income housing units be located on site, provided that there is full compliance with requirements of § 260-50.2D, Alternatives to construction of inclusionary units. No on-site housing density bonus shall be allowed when an applicant utilizes provisions of § 260-50.2D.
  • (5) Low- and moderate-income housing units shall be integrated throughout the development to the degree feasible, rather than segregated in a particular area or areas. The exterior appearance shall be compatible to the architectural style of market-rate units, except that the low- and moderate-income units may not be less than 960 square feet. The average number of bedrooms in low- and moderate-income units shall be at least equal to the average number of bedrooms in market-rate units. The low- and moderate-income units shall, on average, be no less accessible to public amenities, such as open space or recreational features, than market-rate units.
  • (6) Low- and moderate-income housing units shall be built and occupied prior to, or simultaneously with, the construction and occupancy of market-rate units.
  • (7) Low- and moderate-income housing units shall comply with requirements of § 260-50.2E regarding long-term assurance of affordability and fair marketing.
• F. Dimensional regulations.
  • (1) In all zoning districts where mixed-use developments are permitted, the allowed impervious surface and minimum yard dimensions shall be those applicable to the DC-1 District, except for lot boundaries that abut residentially zoned property, where the minimum side and rear yard dimensions shall be those set forth in the Schedule of Dimensional Regulations for the zone in which the development is located.
  • (2) Maximum building height for mixed-use developments shall be 50 feet in the DC-1 Zone; 40 feet in the DC-2, HC and GC Zones; and 35 feet in the NB, P-15 and SC-G Zones. Maximum building height in the SC-WH Zone shall be 25 feet, unless otherwise provided for in § 260-87.4.
  • (3) Floor-to-ceiling heights. All commercial floor space provided on the street level floor shall have a minimum floor-to-ceiling height of 10 feet.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (4) The gross floor area of any single commercial establishment in a mixed-use development shall not exceed 25,000 square feet.
• G. Design standards.
  • (1) Purpose. Mixed-use developments provide opportunities for new businesses and services that will expand the Town's tax base and maintain its small-town atmosphere. Therefore, the siting (the location of a building in relation to other buildings), massing (the way a building is configured and how its parts relate to each other), proportion (the relationship of length, width and height) and design (the building materials, color, and construction details) are crucial. These guidelines should not be regarded as inflexible requirements; rather, each could generate numerous imaginative and innovative design solutions. Design standards for mixed-use developments located in the SC-WH Zone shall be governed by § 260-87.6.
  • (2) Scale, proportion and design. Mixed-use developments shall be generally consistent with the height, bulk, scale and architectural style common to the Town's historic commercial areas. Buildings shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. Developments shall include groupings of buildings, rather than a single boxlike structure set back on a large expanse of paved parking. The Planning Board may modify or prohibit designs that it finds to be inconsistent with this provision.
  • (3) Building facades. The proportion and height-to-width relationship of entryways, windows, trim, molding, railings, rooflines, exterior lighting, signs and other decorative elements shall be compatible with the building's architectural style. Street-level design elements such as entryways, porches, pedestrian furniture, plantings and other site elements shall be directed toward the use and enjoyment of pedestrians. Building wall offsets, including projections, recesses, changes in materials, colors or textures, shall be used to avoid long, monotonous, uninterrupted walls. The architectural treatment of the front facade shall be continued, in its major features, around all visible sides of a building, and blank walls shall be articulated by the provision of false window openings trimmed with frames, sills and lintels.
  • (4) Entrances. Buildings shall have a primary entrance door facing a public sidewalk; entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, and access to pedestrian-oriented plazas or courtyards surrounded by a cluster of shops or businesses. The difference between entrances for street-level commercial uses and entrances for upper-level residential uses shall be reflected by distinct but compatible differences in facade treatment.
  • (5) Roof types. Roof pitches of 8:12 to 12:12 are preferred. Buildings with flat roofs shall be two or more stories in height and shall have parapets or cornices that continue around all sides of the structure. Architectural elements such as dormers, belvederes, masonry chimneys, cupolas and other similar elements are encouraged. Offsets shall be provided to relieve the visual effect of a single, long roof. Rooftop heating, ventilation and air conditioning systems shall be enclosed within architectural features consistent with the building design so as not to be visible from the street level.
  • (6) Materials. Traditional building materials such as clapboard, shingles, or brick shall be used as the primary siding materials. High-quality manufactured materials that have the same visual characteristics may be used only with the express approval of the Planning Board. Colors should be compatible to those of existing historic buildings and appropriate to the architectural style.
• H. Public space; screening; and signage.
  • (1) A minimum of 10% of the total land area in a mixed-use development shall be devoted to public space, defined as parks, a green or common, plazas, bicycle paths, gardens, or landscaped and wooded areas. Sidewalks shall not be counted toward the calculation of public space. Public space shall act as a unifying element in the overall site design.
  • (2) Public space shall be owned and maintained by the property owner, an association of unit owners, or such other means or entity as may be approved by the Planning Board. Maintenance of public space shall be guided by a management plan specifying its intended uses, submitted as part of a development plan application and approved by the Planning Board. Regardless of to whom it is conveyed, public space shall be protected in perpetuity against further development and unauthorized alteration by appropriate deed restrictions to be recorded in the Land Evidence Records, including the grant of a conservation restriction to the Town.
  • (3) The Planning Board may require vegetative buffer areas to provide visual screening between the development and adjacent land uses.
  • (4) The size, location and design of all signs shall reflect the architectural characteristics of the building; generic-style signs or transplants from other locales are neither desirable nor appropriate. Completely rendered and dimensioned sign graphics must be submitted as part of a development plan application for review by the Planning Board.
• I. Parking.
  • (1) Off-street parking requirements for specific uses shall be those applicable in § 260-77. The Planning Board may permit shared parking for different land uses that have different hourly peak parking accumulation patterns, with the total number of parking spaces less than the summation of spaces required when the same land uses exist as stand alone developments, provided that no parking deficiencies occur over the course of a twenty-four-hour period on weekdays, Saturdays or Sundays. A parking analysis shall be prepared by a professional traffic engineer demonstrating the relationship between land use and parking capacity.
  • (2) Off-street parking lots are permitted, provided that no more than 15% of the spaces shall be placed closer to a front property line or a corner side yard property line than the building itself. The remainder of required off-street parking spaces shall be located behind or to the side of buildings. Off-street parking may also be located within or beneath a structure.
  • (3) All parking lots shall contain vegetated and landscaped islands and planted medians to highlight driveway entrances and provide efficient channelization of both pedestrian and vehicular traffic routes throughout. Each separate landscaped island shall occur after 10 consecutive parking spaces, shall have a minimum width of nine feet and minimum length of 18 feet, shall be planted with grass or small shrubs, and shall include at least one deciduous shade tree of not less than two-inch caliper. Additionally, one shade tree shall be planted for every 40 feet of parking lot perimeter. The shade trees do not have to be planted on center and may be clustered for aesthetic purposes. All trees shall be placed or protected so as to avoid damage by vehicles and plowed snow.
  • (4) Subject to written approval of the Town Engineer, parallel parking may be provided on public streets immediately adjoining the development and shall be counted toward parking spaces required in § 260-77.
  • (5) Parking requirements may be met by off-site parking located within 500 feet of a mixed-use development, provided that such off-site parking is not located in a residential zoning district and is approved by the Planning Board and a lien against both properties (the mixed-use development and the off-site parking lot) is recorded in the Land Evidence Records prior to final plan recording.
• J. Lighting.
  • (1) Streets, parking areas and pedestrian areas in the development shall be provided with adequate lighting while minimizing adverse impacts of glare on adjacent properties and overhead sky glow. All lighting fixtures and lampposts shall be decorative and complement the architectural style of buildings in the development and conform with "full cutoff" standards as promulgated by the International Dark-Sky Association. The Planning Board may require submission of a lighting plan prepared by a licensed engineer.
  • (2) Lampposts along streets, parking areas, sidewalks, walkways and courtyards shall be spaced at intervals of no greater than 50 feet on center unless otherwise authorized by the Planning Board. Lamppost heights shall not exceed 12 feet, except that post heights may be extended to a maximum of 16 feet in parking lots containing 20 or more parking spaces.

• A. Intent. It is the intent of this section to permit only such home occupations which:
  • (1) Are incidental to the use of the premises as a residence;
  • (2) Are compatible with residential uses;
  • (3) Are limited in extent; and
  • (4) Do not detract from the residential character of the neighborhood.
• B. Permitted home occupations. Home occupations are permitted, by administrative approval of a zoning certificate for a home occupation by the Zoning Official, if it conforms to the following:

  [Amended 2-28-2011 by Ch. No. 1744]

  • (1) Retail sales are not permitted on the premises. Merchandise shall not be displayed within or outside of the residence. Orders made by telephone or at a sales party may be filled on premises. Direct sales are not allowed. The operation of any wholesale or retail business is prohibited.
  • (2) In no case shall the home occupation be open to the public at times earlier than 9:00 a.m. or later than 7:00 p.m.
  • (3) Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence without the occupation.
  • (4) No more than one home occupation shall be permitted within any single dwelling unit.
  • (5) The occupation shall be carried on wholly within the principal building by the occupant of such dwelling and does not require storage of any materials or products on the premises outside of the dwelling. Home occupations may be permitted in accessory buildings with a site plan approved by the Zoning Official.
  • (6) There shall be no alteration of the residential appearance of the premises on which the home occupation occurs, including the utilization of an existing entrance exclusively for the business. The occupation shall use no more than 25% of the total floor area of the dwelling.
  • (7) No more than one person not a legal resident member of the family shall be employed in the home occupation.
  • (8) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the premises. No processes are permissible which are hazardous to the public's health, safety and welfare.
  • (9) There shall be no signs on the property except for one nonilluminated nameplate mounted flat against the dwelling, not to exceed two square feet, indicating the address, occupant's name, and occupation.
  • (10) No traffic shall be generated by such home occupation unreasonably greater in volume than would normally be expected in a residential neighborhood and any parking required for the conducting of such home occupation shall be provided off the street and not in a required front yard.
  • (11) Home occupations shall comply with all local, state, or federal regulations pertinent to the activity.
  • (12) Not more than one commercially registered motor vehicle of a size not exceeding a gross vehicle weight rating of one ton may be stored on the premises in conjunction with the office of a contractor, providing the outside storage of equipment or materials in conjunction therewith is prohibited.
• C. Prohibited as home occupations. The following shall not be permitted as home occupations:

  [Amended 2-28-2011by Ch. No. 1744]

  • (1) Automobile, boat and equipment repair in any form or manner.
  • (2) Beauty salons and barbershops.
  • (3) Ceramics.
  • (4) Health salons, dance studio, and aerobic exercise studios.
  • (5) Helium balloons.
  • (6) Limousine or cab service.
  • (7) Mortician, hearse service.
  • (8) Painting of vehicles or boats.
  • (9) Tow truck services.
  • (10) Veterinary uses (including care, grooming, or boarding).
  • (11) Warehousing and distribution service.

[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

• A. The following terms shall have the meanings indicated:

  ACCESSORY STRUCTURE — A structure that is clearly incidental to and customarily found in connection with a principal use, is subordinate in size and intensity of use to a principal structure, is located on the same lot as the principal structure being served and contributes to the comfort, convenience, or necessity of the occupants, business, or industry located in the principal structure being served.

  ACCESSORY USE — The use of land or structures, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

• B. Permitted accessory structures and uses. Accessory structures and uses are permitted if they are under the same ownership and on the same lot as the principal use and principal structure. Any accessory use or structure which is accessory to a legally nonconforming use or structure shall be treated in the same manner and subject to the same regulation as the principal use and principal structure.
• C. Location of accessory structures. No accessory structure may be located in the required front or corner side yards. The side and rear setbacks of accessory structures are set forth in the district dimensional tables in this chapter.
• D. Connected structures. Where a structure is within six feet of the principal structure or interconnected to the principal structure (which must include a foundation, walls and a roof), such structure is no longer accessory, but wholly part of the principal structure, and the dimensional and use requirements for a principal structure shall apply.
• E. Height. Maximum height of accessory structures is set forth in district dimensional tables in this chapter.
• F. Size.
  • (1) No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.
  • (2) A single-story accessory structure, less than 16 feet in height, and no more than 144 square feet in floor area, may be placed within six feet of a side or rear property line regardless of zoning district, provided that it is not placed within a front yard or corner side yard.
• G. Accessory recreation facilities. Tennis, racquetball or paddle tennis courts and similar accessory facilities shall comply with the following requirements:
  • (1) No such facility which is accessory to the residential use shall be located in a front or corner side yard and shall otherwise comply with the side and rear setback requirements for accessory structures as set forth in § 260-19.
  • (2) No part of any such facility shall have lighting, unless such lighting is approved by special use permit and can be shown not to be a nuisance to abutting residential property; and
  • (3) The area in which the facility is located shall be screened from the view of abutting properties by means of opaque fences, walls, hedges between six and eight feet in height.

[Amended 2-28-2011 by Ch. No. 1743; 10-21-2019 by Ch. No. 1978; 10-26-2020 by Ch. No. 1997]

No private swimming pool capable of containing more than 24 inches of water shall be allowed in any district except as an accessory use, and in accordance with the following requirements:

• A. The pool must be intended and used principally for the enjoyment of the residents of the property upon which it is located.
• B. The pool shall meet the barrier requirements listed in Rhode Island State Building Code.
• C. The pool and its equipment shall be no closer than 15 feet to any side or rear lot line and shall not be located in any required front yard setback.
• D. Any lighting shall be shielded and directed away from abutting property and adjacent streets.

[Amended 5-9-2005 by Ch. No. 1538; 9-12-2005 by Ch. No. 1551; 4-7-2008 by Ch. No. 1633]

Fences and walls not exceeding 10 feet in height may be placed in any yard in an industrial district. In any other district, fences and walls may be constructed up to six feet in height. The use of barbed wire and razor wire is prohibited in the Town of Westerly and shall not be a component of, or attached to, any fence or wall. All fences, walls, and hedges are subject to roadway vision clearance requirements of § 260-20F. Fences, walls and ISDS systems (individual sewage disposal systems) and any and all components thereto shall not be considered to be structures for the purposes of this chapter. The term "wall" does not include engineered retaining walls, which are permitted uses in all districts, subject to provisions contained in § 260-87.3.

[Added 4-7-2008 by Ch. No. 1633]

Temporary fencing, as required by the Planning Board during the construction process, shall be as follows:

• A. On sites that have slopes of 10% or less; temporary poly barrier fencing, snow fencing, or any other flexible fencing a minimum of four feet in height, with supports equal to the height of the fencing and placed no more than four feet apart, shall be installed on the up-gradient side of the slope.
• B. On sites that have slopes greater than 10%, temporary stockade or chain link fencing a minimum of six feet in height, with supports equal to the height of the fencing and placed no more than 10 feet apart, shall be installed on the up-gradient side of the slope.
• C. Supports for temporary fencing shall not be set in concrete.
• D. Temporary fencing shall be inspected daily and maintained by the property owner or its agent.

The parking and storage of recreational vehicles in residential zoning districts shall be governed by Chapter 167 of the Code of the Town of Westerly, Mobile Homes and Trailer Parks.

The overnight parking or storage of commercial vehicles of over 3/4 ton capacity shall not be permitted in any residential district except where parking or storage is directly related to a lawful nonconforming use on the premises. Where such parking is permitted, the vehicle shall be stored in a building or in an area screened and/or landscaped to buffer from abutting residential uses.

[Added 8-21-2006 by Ch. No. 1578]

• A. No unregistered motor vehicle, automobile, truck, or the like, nor any parts or components of such vehicle, nor any vehicle without a Rhode Island inspection sticker valid within the last 120 days, shall be parked, stored or allowed to stand ungaraged on any residential property within the Town for a period exceeding 60 days.
• B. Notwithstanding the foregoing provision, a property owner shall be permitted to store two unregistered vehicles per residential lot if the vehicle is screened on all four sides or is completely encapsulated by a car cover and is located on the property in compliance with all zoning district setback requirements that pertain to accessory structures.
• C. A tarp, sheet or other rudimentary cover shall not constitute a legitimate car cover for the purposes of this section.
• D. The owner of property where the offending vehicle or part thereof is located, after having been sent a written notice from the Property Maintenance Code Official or Zoning Official, shall be subject to a penalty of $25 per day for each unregistered vehicle or uninspected vehicle that is parked or stored on the property for longer than 15 days after the date of the notice.
• E. Written notice will be sent to the mailing address of the property owner as maintained by the Tax Assessor's Office. The fine in the aggregate shall not exceed $500 for each vehicle or part thereof.
• F. This provision shall not apply to any properly licensed and permitted repair shops, dealers, or junkyards. Registered antique vehicles exempted by state law are also exempt from this section.

• A. Minimum area. A new cemetery shall be located on a lot containing at least 20 acres.
• B. Building setbacks. All buildings in which the dead are interred shall be set back at least 80 feet from any street bounding the cemetery.
• C. Grave setbacks. All graves or burial lots shall be set back at least 15 feet from any street bounding the cemetery.
• D. Residential buffer. Where a cemetery abuts a residential zone, a buffer equal to the abutting yard setback in the residential zone or 50 feet, whichever is greater, shall be required. A rear yard setback of 55 feet is required.
• E. Expansion of existing cemetery. Any expansion of an existing cemetery must comply with the preceding requirements.

Editor's Note: former § 260-72, Gold driving ranges, as amended 11-26-2001 by Ch. No. 1381, was repealed 10-26-2020 by Ch. No. 1997.

[Amended 11-26-2001 by Ch. No. 1381]

• A. Development plan. The development plan required pursuant to § 260-45 shall show the layout of the property and indicate the location of any clubhouses, all tees, fairways, greens, fences, walls, any pro shops, maintenance sheds and other structures, practice ranges, putting greens and other features appurtenant to the golf course.
• B. Principal uses. The principal uses and structures shall be the golf course itself and any clubhouse on the premises.
• C. Accessory uses. Accessory uses and structures shall include the pro shop, any maintenance buildings and facilities, tennis and other recreational facilities and golf villas or guest cottages, provided that any such villa or cottage shall contain no cooking facilities and shall contain no more than four bedrooms each and shall not be occupied by any guest for a period longer than two consecutive weeks.

• A. Minimum lot size. The minimum lot size shall be 200,000 square feet.
• B. Maximum number of animals. The number of animals permitted in commercial stables shall be limited as follows: There shall be no more than one horse (including horses, ponies, mules, donkeys, and other animals used for riding) per 10,000 square feet of property and per ten-foot by ten-foot stall.
• C. Buffering. A vegetative strip no less than 100 feet wide shall be maintained between any corral or manure pile, and any well or surface water body.

[Amended 10-26-2020 by Ch. No. 1997]

• A. A marina shall be considered a land development project and shall, in addition to all other required approvals, be reviewed and approved by the Planning Board in accordance with the provisions of Chapter A261.
• B. Size. The size of the marina shall be determined by the carrying capacity of the land and the adjacent water, the capacity for dry storage on land, the capacity for off-street parking, the availability of sanitation facilities and the accessibility of adjacent roads.
• C. Use of docks. Dock use shall be as permitted by the Rhode Island Coastal Resources Management Council.
• D. Marine service structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards.

• A. Industrial use category. Landing strips and heliports (accessory hangers and sheds) are classified in the general industrial use category.
• B. Minimum area. The area proposed for new uses and expansion of existing ones shall be sufficient to meet the standards of the Federal Aviation Administration and the Rhode Island Airport Corporation in accordance with their published rules and regulations for the class of airport proposed.

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• C. Approach areas. No approach areas shall be permitted over existing residential areas or over vacant areas zoned for residential development.
• D. Location of buildings. No building, hanger, or other structure shall be less than 100 feet from any street right-of-way or lot line.
• E. Repairs. All repair of airplanes and machinery shall be done inside hangers.

[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 4-9-2007 by Ch. No. 1598; 10-26-2020 by Ch. No. 1997]

• A. Parking required. Except as otherwise provided in this chapter, any structure or use erected or developed must provide off-street parking facilities in accordance with the following minimum standards.
  • (1) Residential dwelling units:
    • (a) Two car spaces for each dwelling unit except as follows:
      • [1] One car space for an accessory dwelling unit.
      • [2] Multifamily dwellings of four or more units shall provide one assigned car space per one bedroom unit and one additional unassigned car space per unit with two or more bedrooms.
  • (2) Hotels/motels and inns: one car space per room plus one for every three employees on the largest shift, plus one car space per four seats capacity for each accessory use open to the public.
  • (3) Restaurants, theaters and other places of public assembly.
    • (a) Restaurants, taverns and bars: one car space for every three seats or every three persons of capacity.
    • (b) Theaters and other places of public assembly: one car space for every four seats of capacity.
  • (4) Hospitals, nursing homes and congregate housing.
    • (a) Hospitals or institutions: one car space for each bed, and one car space for every staff member/employee on largest shift.
    • (b) Nursing homes: one car space per two beds plus one car space per employee on largest shift.
    • (c) Assisted living complex: one car space per two beds, plus one car space per employee on largest shift.
    • (d) Congregate housing complex: one car space per bed, plus one car space per employee on largest shift.
  • (5) Office use: one car space for every 250 square feet of floor space, excluding stairways, service areas, storage and equipment areas; not applicable to office space ancillary to a commercial use.
  • (6) Retail and service business: 4.5 car spaces for every 1,000 square feet of gross floor area up to 10,000 square feet; 4.75 car spaces for every 1,000 square feet of gross floor area greater than 10,000 square feet.
  • (7) Outdoor recreation use.
    • (a) Camp or campground: one car space per employee, plus one car space per campsite, plus one car space per three campsites, if visitors are permitted.
    • (b) Golf course: four car spaces per green, plus one car space per employee, plus those spaces as otherwise required for all accessory uses, such as restaurant, banquet facility, etc.
    • (c) Recreational vehicle park: 1.5 car spaces per RV site, plus one car space per employee, plus one car space per five sites, if visitors are permitted.
    • (d) For all other outdoor recreation uses: one car space for every three persons of total capacity.
  • (8) Industrial and wholesale uses:
    • (a) Manufacturing uses: one car space per each two employees on largest shift, plus one car space per 500 square feet of floor space devoted to customers and visitors.
    • (b) Wholesale/warehouse uses: one car space per two employees and one car space per truck bay and/or loading dock.
  • (9) All other nonresidential uses: one car space for every 300 square feet of gross floor area.
  • (10) In the DC-1, DC-2 and NB Zoning Districts the following standards shall apply:
    • (a) Dwelling units: one car space for each dwelling unit containing up to two bedrooms, and one additional car space for any unit with more than two bedrooms.
    • (b) Restaurants, taverns and bars: one car space for every four seats or every four persons of capacity.
    • (c) Theatres and other places of assembly: one space for every six seats or every six persons of capacity.
    • (d) When an existing unit in a multi-unit commercial or mixed-use building is repurposed with no expansion in gross floor area, no additional off-street parking shall be required regardless of use.
  • (11) Ministorage: 0.15 car space per 1,000 square feet of gross floor area plus one per employee on largest shift.

    [Added 5-1-2023 by Ch. No. 2034]

• B. Plans and specifications for off-street surface parking facilities. Plans and specifications for a required off-street surface parking facility and its access drives shall be submitted at the time of application for a permit for the development or redevelopment of the use of the property. In allocating area for off-street surface parking, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet and shall be served by suitable aisles to permit access into all parking spaces. For driveways serving two-way traffic, the aisle width shall be 24 feet, and drive aisles serving one-way traffic shall have an aisle width of 15 feet. In no case shall the gross area per parking space be less than 270 square feet. Such plans and specifications for off-street surface parking shall include circulation, landscape, directional signage and lighting plan.
• C. Regulations for off-street parking facilities. All parking facilities provided under this section must be developed on the site of the main use unless otherwise specified herein. Any off-site facilities must be located within 500 feet of the main use, provided that they are located within a commercial or industrial district as defined in § 260-12.
• D. Parking lots shall conform to the following regulations:
  • (1) The area shall be paved and provided with bumper guards where needed, except in areas designated as critical resource areas by the Coastal Resources Management Council or otherwise required for stormwater infiltration. The Planning Board, as part of its review and approval, may require all or part of the parking area surface to be pervious, or a combination of previous and impervious.
  • (2) The surface parking lot shall have a five-foot-wide perimeter buffer that shall be landscaped with ground cover, shrubs and trees that are salt-tolerant and of seasonal interest. The buffer should be undulating and have a variety of materials to provide interest and separation from the site's parking surface. Where such area adjoins a residential district, a solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between the buffer and the adjoining residential district.
  • (3) Parking lot surfaces, curbing and landscaping shall be maintained, including but not limited to regular sweeping, plowing, repaving and striping, replacement of curbing, irrigation, pruning, and leaf collection.
• E. Oceanfront historic hotel. Parking required for an oceanfront historic hotel may be located on and/or off the site of the hotel on any property which has heretofore been used for parking in conjunction with such hotel.
• F. Adult entertainment. All parking for employees and customers shall be located between the building and the street on which the building has frontage.
• G. Trailer trucks, heavy construction equipment, and associated trailers may not be stored or parked greater than one hour in any twenty-four-hour period in any residential area, except for heavy construction equipment during the active on-site construction period.

All commercial and industrial structures, erected subsequent to the adoption of this chapter, shall provide off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the Zoning Official at the time of application for the building permit for the main use. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a street right-of-way.

• A. Definition. As used in this section, the following terms shall have the meanings indicated:

  KENNEL — An operation that provides food, shelter and care of household animals for purposes not primarily related to medical care, or an operation that engages in the breeding of animals for sale. Kennels are divided into two types: commercial and private.

  KENNEL, COMMERCIAL — An establishment which houses dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

  KENNEL, PRIVATE — Any buildings or land designed for the care of more than four dogs, cats or other animal breeds belonging to the owner of the principal use, kept for the purposes of noncommercial showing, hunting, or breeding.

• B. Regulation of kennels. Kennels shall be regulated as follows:
  • (1) The minimum lot area shall be three acres for private kennels and 10 acres for commercial kennels.
  • (2) No structure used for any kind of kennel shall be closer than 150 feet to any lot line.
  • (3) Each commercial kennel shall provide one run per animal; no commercial kennel shall have more than 20 runs.
  • (4) Each private kennel shall provide one run per two animals and shall have no more than two runs.

[Added 6-8-2020 by Ch. No. 1990]

• A. Definition. An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. This use primarily provides daytime, cage-free play, care, and supervision of pets indoors and outdoors to promote animal wellness and socialization but may have crates to house to pets in the event of illness, injury, or as deemed essential and necessary.
• B. Approval required. An application for a pet day-care facility shall be made to the Zoning Enforcement Officer.
  • (1) When the use is permitted by right, the Zoning Enforcement Officer may grant approval administratively, provided that all of the requirements set forth in this section are met.
  • (2) When the use requires a special use permit, the Zoning Enforcement Officer shall refer the application to the Zoning Board of Review for review and approval pursuant to the standards set forth in this section, which may not be varied or waived, and in accordance with the procedures set forth in § 260-34.
• C. Standard requirements. In addition to the use and dimensional requirements for the district in which the pet day-care facility is located, the following standard requirements must be met.
  • (1) Pet day-care facility, without outside runs:
    • (a) All buildings, structures and facilities shall be a minimum of 100 feet from any residential structure and a minimum of 100 feet from any residential lot line.
    • (b) Outdoor play, care and exercise is permitted for short periods of time and only in enclosed areas where human supervision is present the entire time.
  • (2) Pet day-care facility, with outside runs:
    • (a) The minimum lot area shall be three acres.
    • (b) All buildings, structures, and facilities shall be a minimum of 150 feet from any residential structure and a minimum of 150 feet from any residential lot line.
    • (c) Outdoor play, care and exercise areas shall be fenced and shall provide shelter and water, proportionate to the number of pets, from weather elements to include the sun.
    • (d) There shall be no greater than five runs, and each run shall only be used by one pet at a time.
  • (3) Standards applicable to all pet day-care facilities.
    • (a) Play, care, and exercise areas are prohibited in the front yard area.
    • (b) Adjacent properties shall be adequately protected from noise, odors, and unsightly appearance.
    • (c) Animals shall be confined to the lot at all times.
    • (d) The area of operation shall be completely enclosed. External play areas shall be completely fenced.
    • (e) The facility operator shall require proof that each animal is licensed by the municipality where the animal is kept, if applicable, and shall require proof that each animal has up-to-date rabies, DHLIPP (or DA2PP) and Bordatella vaccinations, if applicable.
    • (f) On-site waste facilities shall be designed to accommodate all animal waste generated and shall include hosing and cleanup capabilities.
    • (g) The facility shall be allowed to operate no greater than 5:00 a.m. to 7:00 p.m. every day.
    • (h) The use shall be subject to the provisions of the Westerly Code of Ordinances, including without limitation Chapter 76, Animals, §§ 76-10 and 76-11.
    • (i) The use shall be subject to all federal and state statutes and regulations, including without limitation Rules and Regulations Governing Animal Care Facilities, 250-RICR-40-05-4, of the Rhode Island State Regulations.
    • (j) The facility operator shall maintain the appropriate license(s) required for operation by the State of Rhode Island and Town.
    • (k) The facility shall be designed, constructed, or retrofitted and maintained so that sound emitted through exterior walls and roofs enclosing areas where pets are kept and shall not exceed 45 decibels, measured by DBA scale.
    • (l) The owner or applicant shall provide certification from a registered architect or acoustical engineer that the facility will meet the sound requirements of this section.
    • (m) Animals causing a nuisance outside shall be controlled or taken inside if the animal cannot be controlled immediately.
    • (n) Accessory uses may include training, behavioral counseling, grooming, and retail sales of pet food and pet accessories and toys.
    • (o) The use shall not include breeding facilities, kennels, or overnight boarding.
  • (4) Application requirements. All applications for a pet day-care facility shall include the following:
    • (a) A copy of each license required by the State of Rhode Island.
    • (b) A detailed floor plan of the facility which shall include the following:
      • [1] Indoor and outdoor runs or cages, if applicable;
      • [2] Interior and exterior doors;
      • [3] Windows and vents;
      • [4] Heating and cooling system;
      • [5] Lighting;
      • [6] Isolation or quarantine cages/runs/rooms;
      • [7] Food storage;
      • [8] Front desk or reception area;
      • [9] Cooler and/or freezer;
      • [10] Location of sprinklers and fire suppression systems;
      • [11] Posted emergency evacuation plan or map;
      • [12] Waste receptacles; and
      • [13] Drainage systems.
    • (c) A statement of the maximum number of animals, by species, that the facility can accommodate.
    • (d) A written plan for treating injured animals.
    • (e) A written plan stating what will be done with aggressive animals.
    • (f) A written evacuation plan for people and animals.
    • (g) A list, and mailing labels, with the names and current addresses of property owners within the notice area.
  • (5) All licenses granted pursuant to the provisions of this chapter are subject to the prior approval of proper authorities as specified in § 158-3.

• A. Minimum site area. The minimum site area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.
• B. Yard setbacks. The front, side and rear yards shall meet the minimum dimensional requirements specified in the Standard Zoning District Dimensional Tables in Article V, unless the lot abuts a residential zone with greater minimum yard dimensions, in which case, any yard which abuts the residential zone must meet the dimensional requirements for the residential zone.
• C. Driveways. Driveways shall be at least 24 feet wide and shall have at most two access points onto a single street. No driveway shall be less than 50 feet from any corner lot line, 10 feet from any side lot line, or 40 feet from any other driveway serving the lot.
• D. Lighting fixtures. Lighting fixtures used to illuminate automobile sales lots shall be no higher than 14 feet above the ground. Lighting for sales lots shall be restricted to the front 1/3 of the lot. At the close of business, all lighting shall be limited to that necessary for security

• A. Restriction on location. No gasoline sales or service station shall be expanded or constructed within 200 feet of the boundary line of any residential zone or of any school, church, park, playground, hospital, public library, or any place of public assembly, regardless of the zone in which such use is located.
• B. Minimum lot area. The minimum lot area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.
• C. Services enclosed. All services except fuel sales shall be performed within an enclosed building. No vehicles requiring repair and service shall be stored outdoors for longer than 20 days.
• D. Location of access points. Entrances and exits shall be at least 100 feet from any intersection.
• E. Surfacing and the service apron shall be permanently improved with a paved surface. Adequate provision shall be made for the collection and disposal of stormwater. Stormwater runoff shall not be discharged into a Town road without the approval of the Town Engineer.
• F. Pumps and fuel tanks. Gasoline and other fuel storage tanks shall be located underground, and shall be constructed and installed in accordance with specifications issued by the United States Environmental Protection Agency. Any pumps, underground fuel storage tanks, and islands, including any canopies, shall be at least 45 feet from any street or lot line. Tanks shall be set back from all buildings as follows:
  • (1) Tanks of 30,000 gallons shall be set back at least 25 feet.
  • (2) Tanks of 6,000 gallons shall be set back at least 20 feet.
  • (3) Tanks of 3,000 gallons shall be set back at least 10 feet.

• A. Special use permit. In conjunction with the special use permit application, the applicant shall provide a plan showing the location of all buildings and the location of storage areas.

  [Amended 10-26-2020 by Ch. No. 1997]

• B. Screening. A solid or opaque fence of not less than seven feet in height shall be required.

  [Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• C. Storage of fuel and oil substances. All lubricant and fuel oil substances which are to be stored on site shall be stored with all necessary precautions taken to prevent their leakage and/or surface or subsurface drainage into water bodies. A plan detailing how these materials will be stored in compliance with this requirement shall be submitted with the application.

  [Amended 10-26-2020 by Ch. No. 1997]

• D. Motor vehicle junkyards shall also comply in all respects with Chapter 150, Junkyards, of the Town Code.

  [Added 9-21-2020 by Ch. No. 1995]

[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

The Zoning Board may grant a special use permit for a drive-through or drive-up lane associated with any retail use, provided that the following requirements are met.

• A. Minimum site area. The minimum site area for a drive-through lane, not within a plaza, shall be 20,000 square feet with a minimum street frontage of 150 feet.
• B. Setbacks. The front, side and rear yard setbacks shall be no less than the minimum applicable dimension specified in the Standard Zoning Districts Dimensional Tables in § 260-19 of this chapter, unless the lot abuts a residential zone with greater minimum yard setbacks, in which case, the setback of the yard with the drive-through lane which abuts the residential zone shall be equal to the setback of the abutting residential zone.
• C. Drive-through lanes. Drive-through lanes shall be at least 15 feet wide and shall have no more than two access points from all public rights-of-way and shall be harmonious with the interior circulation within the parcel. No drive-through lane shall be less than 100 feet from any street intersection, 10 feet from any side lot line, or 50 feet from any other driveway.
• D. Lighting. Lighting fixtures used to illuminate drive-through lanes shall be no higher than 14 feet above the ground. At the close of business, all lighting shall be limited to that necessary for security.
• E. Stacking lanes. Stacking lanes shall be provided in accordance with the following requirements:
  • (1) Stacking lanes shall be separated from other circulation lanes and shall be identified by pavement rumble strips, curbs or landscaping.
  • (2) No exit from or entrance to such lanes shall be within 100 feet of a street intersection.
  • (3) Each stacking lane shall provide a queue length of five to 25 spaces, depending on the intensity of use, each space having a dimension of 10 feet by 18 feet. The applicant shall provide documentation to support the number of spaces proposed for the queue length based on the proposed use.
  • (4) The distance from the pick-up window to the egress onto the street shall be a minimum of 90 feet to a maximum of 180 feet.

• A. Purpose. It is the intent of this chapter to regulate the siting of a hazardous waste management facility to the extent permitted by Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended, that said facility be permitted by special use permit in a General Industrial Zone subject to the provisions contained herein and Chapter 19.7 of Title 23 of the General Laws of the State of Rhode Island.

  [Amended 10-26-2020 by Ch. No. 1997]

• B. Definitions. The definitions included within Chapter 19.7, "Hazardous Waste Management Facilities," of Title 23 of the General Laws of Rhode Island, and all amendments thereto, are incorporated within this chapter as though fully set forth herein.
• C. Prohibition of landfills and injection wells. No property located totally or partially within the Town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.
• D. Restrictions on hazardous waste management facility. A hazardous waste management facility shall not be sited in the Town unless the following restrictions are complied with:
  • (1) A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line in an industrial zone, from the nearest residential or farming use or a residential or farming zone.
  • (2) A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and wherever the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from property lines.
  • (3) A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from property lines.
  • (4) Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, the following:
    • (a) Slopes of 5% or more.
    • (b) Areas identified as freshwater wetlands under the RIGL 2-1-20.
    • (c) Water-related sensitive areas and areas in the recharge area of a groundwater aquifer as delineated on the State of Rhode Island 208 Area Wide Water Quality Management Plan (R.I. Statewide Planning FRC-JF-01-13) or any other determination of said sensitive areas made by a competent hydrologic and water quality analysis as defined by the Rhode Island Department of Health under RIGL 46-13-2.
    • (d) Areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    • (e) Areas containing unique habitats as determined by the Audubon Society of Rhode Island Unique Areas Survey, 1973, and any updates thereto.
  • (5) The Town Engineer shall determine that a development site for a hazardous waste management facility is at least 1,000 feet from any pond, any major stream or river, any minor stream or river or any recharge area of a groundwater aquifer. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses, wetlands areas and aquifers.
  • (6) Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (RIGL 23-19.1-1 et seq.) in seeking a permit for such facility, within 10 days of filing under the Act.
  • (7) In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact agreement for review by the local assessment committee. This filing shall be made within 10 days of receiving the permit.
  • (8) The following regulations for an industrial hazardous waste management facility shall apply:
    • (a) Minimum lot area: 174,240 square feet (four acres).
    • (b) Minimum lot frontage: 250 feet.
    • (c) Minimum front yard: 200 feet.
    • (d) Minimum rear yard: 125 feet.
    • (e) Minimum side yard: 75 feet.
    • (f) Maximum lot coverage: 25%.
• E. Appointment and powers of Local Assessment Committee; ratification of siting agreements
  • (1) Appointment.
    • (a) There shall be appointed a Local Assessment Committee consisting of five members. The Town Council President, the Town Manager and the Chairman of the Planning Board shall be members of the Committee. The remaining membership shall be drawn from the public and appointed by the Town Council President. At least one public member shall be knowledgeable in environmental matters by reason of training or experience. The Town Council President shall be the Chairman of the Committee.
    • (b) The Local Assessment Committee shall be appointed within 45 days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Rhode Island Hazardous Waste Management Act of 1978, as amended, which facility proposes to be sited in or have impact upon the Town. The Committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the Town Council or until such time as a siting or impact agreement is reached in accordance with Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended.
  • (2) Powers and duties. The powers and duties of the Local Assessment Committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws of Rhode Island and all amendments thereto.
  • (3) Ratification. No siting or impact agreement negotiated by the Local Assessment Committee shall be binding upon or enforceable against the Town until such agreement is ratified by the Town Council.
• F. Prohibition against variances or special exemptions. Notwithstanding any provision in this chapter, no developer shall be entitled to receive any variance from any requirement in this section.

[Amended 9-27-1999 by Ch. No. 1277]

• A. Purpose: The general purposes of this section are:
  • (1) To provide for the placement and construction of telecommunication facilities including the following types of towers included but not limited to broadcasting towers, two-way radio towers, fixed point microwave dishes, commercial satellites, receiving dishes, cellular and PCS towers.
  • (2) To manage the total number of towers, and/or antennas throughout the Town.
  • (3) To encourage installation of towers and/or antennas in areas where adverse impacts upon the Town are minimized.
  • (4) To encourage towers and/or antenna configuration which minimizes adverse visual impact on the Town.
  • (5) To encourage collocation of tower and facilities.
  • (6) To support the objective of communication providers and delivering telecommunication service to the community quickly, effectively, and efficiently.
• B. Location:
  • (1) Communication tower installations shall be permitted in the following locations, but subject to development plan review and approval by the Planning Board:

    [Amended 5-15-2000 by Ch. No. 1300; 1-11-2010 by Ch. No. 1697]

    AP 85	Lot 2	(Westerly Charlestown border)
    AP 55	Lot 1	(Quarry Road — Bradford)
    AP 47	Lot 112	(High Street, Ashaway Road)
    AP 80	Lot 1A	(Cedar Swamp/Town Wellhead Site)
    AP 59	Lot 78-1	(Westerly Landfill Site)
    AP 57	Lot 358	(Ward Avenue, High School Athletic Field)
    AP 124	Lot 6	(Old Post Road - near Charlestown)
    AP 85	Lot 1	(Westerly Charlestown border)
    AP 75	Lot 1	(Westerly Charlestown border)
    AP 15	Lot 14	(Bradford Dyeing Association) except that portion within 300 feet of the river bank and/or residential uses.
    AP 52	Lot 3A	(29-33 Old Carriage Road) AP 52, Lot 3A, subject to the condition that the cell tower pole be sized for a future three-phase electrical extension.

  • (2) Communication antennas shall be permitted as accessory to existing structures subject to development plan review and approval by the Planning Board. Communication antennas, other than public safety antennas, shall not be permitted on or as accessory to Town water towers.

    [Amended 8-15-2000 by Ch. No. 1314]

  • (3) Communication installations will be permitted by special use permit of the Zoning Board of Review in the following locations (preceded by development plan review and approval by the Planning Board):
    • (a) All General Industrial Zones.
    • (b) All Light Industrial Zones.
    • (c) All Open Space and Recreation Zones.
    • (d) All Commercial Recreational Zones.
  • (4) The Zoning Board of Review will give a preference for the use of existing structures and towers, instead of the construction of new telecommunication tower facilities. All reasonable efforts shall be made for collocation on existing structures and towers. The Zoning Board of Review shall, as a condition of approval for the construction and continued use of a new telecommunication tower, require that the applicant, its successors and/or assign not unreasonably delay or refuse to allow the collocation of equipment, antennas or ancillary equipment or structures on the telecommunication tower or on the site by future applicants for similar special use permit.
  • (5) The Zoning Board of Review shall give a preference to Town-owned sites which meet the requirements of the applicant.

    [Amended 9-27-1999 by Ch. No. 1277]

• C. Application requirements:

  [Amended 9-27-1999 by Ch. No. 1277]

  • (1) All applicants for communication installation shall provide the following information to the Planning Board and/or Zoning Board:
    • (a) Site and landscape plans drawn to scale including tower location and all accessory buildings and equipment and structures.
    • (b) A report including a description of the tower with technical reasons for its design.
    • (c) Documentation establishing the structural integrity for the tower's proposed use.
    • (d) The general capacity of the tower, and information necessary to assure that ANSI standards are met.
    • (e) A statement of intent on whether excess space will be leased.
    • (f) Proof of ownership of the proposed site or authorization to utilize it.
    • (g) Copies of any easements necessary.
    • (h) An analysis of the area containing existing topographical contours.
  • (2) In all cases where a special use permit is required, for a continuous period of two consecutive days (to be selected by the Town Planner), a helium balloon of sufficient size and color or other similar visible structure shall be placed at the location of the proposed telecommunication tower and flown or placed at the maximum proposed tower height.
• D. Development standards: The following standards shall apply to all applications:

  [Amended 9-27-1999 by Ch. No. 1277]

  • (1) A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.
  • (2) Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennae and communication towers shall be identified.
  • (3) A communication tower shall be set back from all property lines so that its fall zone is outside abutting property as determined by the Planning and/or Zoning Board. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.
    • (a) All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than 25 feet. When located in or abutting a residential district or Historic Overlay District, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.
    • (b) Communication equipment buildings and structures shall be considered accessory uses and comply with the following setback:
      • [1] One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 25 feet;
      • [2] Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 35 feet.
  • (4) Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. The Planning and/or Zoning Board shall insure that towers shall be screened from all adjacent properties and streets, and appropriately camouflaged if required. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
  • (5) Communication tower equipment, buildings and base structures shall be enclosed by a fence no less than eight feet in height and not more than 10 feet in height from finished grade. Access shall be through a locked gate. Said fence shall be of such material as approved by the Planning and/or Zoning Boards.
  • (6) Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.
  • (7) No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town.
  • (8) Communication antennas attached to a structure shall conform to the following:
    • (a) The antennas are not higher than 20 feet above the highest point of the structure;
    • (b) The antennas comply with applicable FCC and FAA regulations; and
    • (c) The antennas comply with all applicable zoning requirements and building codes.
    • (d) Antennas on existing structures shall be constructed so as to blend into the appearance of the structure. The applicant shall bear the burden of demonstrating its compliance with the requirement before the Planning Board.
  • (9) The Planning and/or Zoning Board shall regulate height of all towers based upon topography, features of the surrounding environment and visibility provided that in no event may the height of any tower exceed 250 feet.

    Editor's Note: Former Subsection D(10), regarding appearance of antennas on existing structures, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

• E. Abandonment. The owner of any existing tower or telecommunication facility (including small antennas and other facilities mounted on rooftops) shall provide the Town Zoning Official with a copy of the notice to the FCC of intent to cease operations and, in any event, shall have 90 days from the date of cease in operations to remove the obsolete tower and accessory structures and return the premises to its preexisting condition as nearly as practicable at the owner's sole cost and expense. Failure to comply with this provision shall subject the owner to the penalties provided for in § 260-26 of this chapter.

  [Amended 9-27-1999 by Ch. No. 1277]

[Amended 4-9-2007 by Ch. No. 1598; 1-10-2011 by Ch. No. 1737; 9-10-2012 by Ch. No. 1780; 11-5-2018 by Ch. No. 1944; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. Intent and purpose.
  • (1) The intent and purpose of this section shall be to regulate, restrict and place limitations on the overall number, size, location, alteration, type and illumination of all signs; to provide for the use of signs as a means of communication in a manner that is consistent with the aesthetic New England historic and coastal qualities of the Town and with pedestrian and traffic safety and to achieve the following general purposes:
    • (a) To protect and enhance commercial and residential property values by creating a visually harmonious environment;
    • (b) To promote the general business interests of the Town by maintaining and improving the visual quality of commercial areas;
    • (c) To provide for the general safety of the public by reducing, over time, the distracting nature of numerous, visually diverse signs, particularly along heavily traveled roadways; and
    • (d) To enhance the traditional qualities and characteristics of the Town of Westerly, and to further the objectives of the Comprehensive Community Plan.
  • (2) This section shall apply to all signs which may be erected, placed, displayed, established, created, used, altered, replaced or maintained in the Town. Signs which are not expressly permitted by these regulations are prohibited. The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in § 260-33 unless otherwise noted.
  • (3) Due to the complexities of site engineering and vehicle/pedestrian circulation associated with multi-occupant developments, such as shopping centers, educational and medical institutions, office parks, recreational facilities and mixed-use facilities, the owners of such development shall submit to the Planning Board an integrated signage package for any minor or major land development project approval pursuant to Chapter A261.
    • (a) In addition to the submission requirements for a land development project, the application shall include the information required by this section for the issuance of a sign permit and the opinion and recommendation of the Zoning Officer on consistency of the proposed signage with the Zoning Ordinance.
    • (b) In approving an integrated sign package, the Planning Board shall apply the standards applicable to land development projects under Chapter A261 and find that:
      • [1] Such signage program would be consistent with the intent and purpose of this section;
      • [2] The placement of signs within the multi-occupant development would be harmonious with the other aspects of the site plan; and
      • [3] Such signage program would result in a more comprehensive and attractive arrangement and display of signs than could otherwise be accomplished under the standards of this section.
    • (c) Planning Board approval of the integrated sign package does not waive the requirement that the applicant obtain the necessary relief from the Zoning Official or Zoning Board. In the event that the applicant's integrated sign package requires any relief from existing Zoning requirements, the applicant shall apply for that relief from the Zoning Board and shall seek an advisory recommendation from the Planning Board for the relief sought.
• B. Definitions. For the purposes of this section, the following terms shall have the meaning stated herein:

  ABANDONED SIGN — A sign which has not identified or advertised a business, service, owner, product, or activity for a period of at least 180 days.

  ALTERATION — A change in the size, shape, or structure of the sign or its support, a change in the mechanical facilities, type of illumination or mode of operation of an existing sign. Copy or color change of an existing sign is not an alteration.

  BILLBOARD SIGN — A sign for which the message display is mounted on a permanent structure, that meets any of these criteria:

  • (1) A permanent structure sign which is used for the display of off-site products, goods, services, facilities, events or attractions not made, sold, used, served or available on the lot displaying such sign; or
  • (2) A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
  • (3) A permanent structure outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the lot (not including those who rent space from the sign owner, when the message on the sign is for the entity operating at the site) for a rent or other consideration.

  CANOPY SIGN — A sign which is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area.

  COMMUNITY EVENT SIGN — Freestanding temporary portable signs to be used by government, quasi-government, institutions, libraries, schools and nonprofit organizations for promotion of special limited duration events.

  FLAG — Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners, including feather signs.

  FOOTCANDLE — A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footcandle is equal to one lumen per square foot.

  FREESTANDING SIGN — A sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground. A freestanding sign does not include temporary signs placed on sidewalks.

  GOVERNMENT/REGULATORY SIGN — Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.

  IDENTIFICATION SIGN — A sign, located on the premises, which indicates the names, 911 address, and/or identifying symbol of:

  • (1) A development containing two or more occupants such as a professional office building, a residential building, an industrial park or commercial building center; or
  • (2) A school, church, park, hospital, or other public or semipublic institution or facility.

  INFLATABLE SIGN — A sign in the form of an air-inflated object of various shapes that is made of flexible fabric and placed on the ground or a structure.

  MANUAL CHANGEABLE COPY SIGNS — A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign face.

  MARQUEE — A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.

  MARQUEE SIGN — Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.

  MULTI-OCCUPANT SIGN — A freestanding sign used to advertise businesses that occupy a shopping center or complex with greater than one occupant.

  NONCONFORMING SIGN — A sign that was legally erected and maintained at the effective date of the Zoning Ordinance, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.

  PORTABLE SIGN — A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.

  PROJECTING SIGN — A sign which is wholly or partly dependent upon a building for support and which projects more than 15 inches from the building.

  ROOF SIGN — A sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.

  SANDWICH BOARD SIGN — A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (also known as "A-frame sign").

  SNIPE/BANDIT SIGN — A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way.

  VEHICULAR SIGN — A type of freestanding, portable, temporary sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.

  WALL SIGN — A sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background surface of, the sign and which does not project more than 15 inches from the structure.

  WINDOW SIGNS — Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and which is visible from any public or private sidewalk, street or highway. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.

• C. Sign permits. New signs shall not be erected, and legally existing signs shall not be replaced, relocated or altered, without a permit granted in accordance with the provisions of this section. Applications for a sign permit shall be submitted to the Zoning Official on the appropriate form provided by the Zoning Office. The application shall include plans and specifications of the proposed sign, which, at a minimum, describe dimensions, area, maximum and minimum height, proposed message and design, materials, colors, method of construction, method of illumination for each sign, and clearly indicates the location of each sign on the property on which it is to be displayed and any other information required by the Zoning Official. Such application shall be signed by the owner of the property on which the sign or signs will be located.
• D. General standards. Unless otherwise specified, the following standards shall apply in all zoning districts:
  • (1) Sign construction. Every sign shall be constructed in a permanent manner and shall be assembled and permanently affixed in such a fashion that it shall not be ordinarily affected by weather. No sign shall be painted directly onto any building, fence, utility pole, rock, tree or other similar object.
  • (2) Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media except for a sign stating "open" which does not exceed a size of two square feet, time and temperature, and fuel prices. Said "open" signs, signs indicating time and temperature and/or fuel prices shall be prohibited in the NB Zoning District. No sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign. In addition, the following rules shall apply to all illuminated signs intended to be viewed from the exterior.
    • (a) Internally illuminated freestanding signs shall not be illuminated during nonbusiness hours of the business advertised by such sign. The same rule shall apply to signs constituting an integral part of vending machines or similar devices.
    • (b) Illuminated tubing or strings of lights that outline properties, sales areas, rooflines, doors, windows, or similar areas are prohibited except for temporary use in observance of holidays.
  • (3) Sign location. Unless permitted under Subsection K, Existing nonconforming signs, signs shall be located only on the property of the business, organization or activity they are intended to identify and, unless otherwise permitted, shall not project over any property line. In addition, the following rules shall apply:
    • (a) No sign shall be located on any corner so as to violate the corner visibility requirements of Chapter 260, Zoning.
    • (b) No sign shall be so located as to obstruct or interfere with the visibility or movement of vehicular or pedestrian traffic.
    • (c) No sign shall be located on a sidewalk unless otherwise permitted.
  • (4) Computation of sign area.
    • (a) The area of a sign shall be computed from the inner dimensions of the frame, trim or molding by which the sign is enclosed.
    • (b) When a sign consists of individual letters, symbols, or characters, and it is not framed, its area shall be computed as the area of the smallest rectangle which encloses all the letters, symbols or characters.
    • (c) When a sign consists of two of more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other, (e.g., a sandwich board sign). Otherwise, all faces of the sign shall be used to compute the sign area.
  • (5) Wall sign standards.
    • (a) No wall sign shall extend beyond the outer edge of any wall or above the eaves of the building to which it is attached.
    • (b) A wall sign shall be parallel to the wall to which it is attached and shall not project more than 15 inches therefrom.
    • (c) No wall sign shall be painted directly upon any wall.
    • (d) The size for all wall signs shall be as hereinafter set forth.
  • (6) Freestanding sign standards.
    • (a) If the lot on which the sign is located does not contain a principal building, the sign shall not exceed a height of six feet. The height of the sign shall be measured from the ground to the top of the sign.
    • (b) No part of any freestanding sign shall be located within 10 feet of any lot line.
    • (c) Only one freestanding sign shall be permitted on a lot even if there is more than one building or use on that lot.
    • (d) The size and height for all freestanding signs shall be as hereinafter set forth.
  • (7) Projecting signs standards.
    • (a) The bottom edge of a projecting sign shall be at least eight feet above ground level when located in an area where the public walks.
    • (b) No projecting sign shall extend more than five feet from the wall to which it is attached and shall be no more than 10 square feet except for temporary banners announcing community events.
    • (c) The size for all projecting signs shall be as hereinafter set forth.
  • (8) Maintenance of signs. All signs, including all supports, braces, guys and anchors, shall be kept in good repair and shall be kept clean, neatly painted and free from all hazards so as not to endanger the public health or safety. Such areas shall be maintained in a clean, sanitary and healthful condition.
  • (9) Changeable copy signs. Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign. A permit shall not be required to change the message of the manual changeable copy sign.
  • (10) Prohibited signs. The following signs are prohibited in all zoning districts, unless otherwise permitted by this section:
    • (a) Billboard signs;
    • (b) Snipe or bandit signs;
    • (c) Inflatable signs;
    • (d) Abandoned signs;
    • (e) Flags displaying commercial content;
    • (f) Roof signs;
    • (g) Banners; and
    • (h) Vehicular signs.
  • (11) Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located in any area where landscaping is required pursuant to a zoning approval or within the right-of-way of any public street or highway, unless the work is with the written authorization of the Public Works Director. A copy of such written authorization shall be submitted to the Zoning Official.
  • (12) Enforcement. Violations of § 260-86 shall be subject to enforcement action pursuant to § 260-26.
• E. Signs permitted by right. Unless otherwise specified, the following signs are permitted by right in all zoning districts and do not require a sign permit:
  • (1) Signs not exceeding six square feet in area that are not of a commercial nature, such as:
    • (a) Identification signs as described herein;
    • (b) Signs on mailboxes or newspaper tubes; and
    • (c) Signs posted on private property relating to private parking or warning the public against trespassing, hunting or danger from animals.
  • (2) Government/regulatory signs erected by or pursuant to the authorization of a governmental or quasi-governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
  • (3) Integral decorative or architectural features of buildings or works of art, so long as such features do not contain letters, trademarks, moving parts, or lights.
  • (4) Signs directing and guiding traffic that bear no advertising matter.
  • (5) Signs proclaiming religious or political activities that do not exceed one per lot and 12 square feet in area and that are not internally illuminated. Signs erected in connection with elections or political campaigns shall be erected no more than 60 days prior to the election and shall be removed within seven days following the election or end of the campaign.
  • (6) Real estate signs, giving notice that the property on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. Such signs shall not exceed six square feet. No more than one such sign shall be located on any lot and shall be removed immediately after sale, lease, or rental.
  • (7) Community event signs. Such signs are not intended to be permanent and shall be limited to display 10 days prior to the special event and are to be removed immediately thereafter. Community event signs shall not obstruct sight-line vision of motor vehicles or constitute a hazard to pedestrians.
  • (8) Temporary signs (such as for yard sales) not covered in the foregoing categories, so long as such signs meet the following restrictions:
    • (a) No more than one such sign may be located on any lot.
    • (b) No such sign may exceed two square feet.
    • (c) Such sign may not be displayed for longer than three consecutive days nor more than 10 days out of any three-hundred-sixty-five-day period.
  • (9) Temporary window signs in or on the window of a building, which are visible from any public or private street or highway, provided that such sign shall not occupy more than 25% of the area of said window and shall not be in place more than 30 days.
  • (10) The flag of a foreign nation, the United States, State of Rhode Island and Providence Plantations, Town of Westerly, associated with the United States military, National Guard, police and fire departments.
• F. Signs permitted in all zoning districts. The following signs shall be permitted in all zoning districts subject to the issuance of a sign permit:
  • (1) Construction signs. One construction or renovation sign, not to exceed six square feet in residential zoning districts or 12 square feet in all other zoning districts, when associated with a valid building permit, which shall be removed within 30 days of work completion.
  • (2) Land development identification signs. One real estate development identification sign at each entrance, not to exceed 32 square feet, to identify an approved land development, which shall be removed within 30 days of sales completion.
• G. Signs permitted in all residential and OSR Zoning Districts. All signs in residential and OSR Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in residential zoning districts:
  • (1) Identification sign. A sign identifying an area of open space for recreation, the name of a farm or agricultural activity, a subdivision or neighborhood not to exceed six square feet or be higher than six feet;
  • (2) Home occupation sign. Signs identifying a home occupation permitted pursuant to § 260-65 not to exceed 1.5 square feet;
  • (3) Public recreation signs. A sign identifying public access is allowed in an area of open space for recreation, not to exceed 1.5 square feet in area.
• H. Signs permitted in HC, GC, SC-G, CR, GI and LI Zoning Districts. All signs in the HC, GC, SC-G, CR, GI and LI Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the HC, GC, SC-G, CR, GI and LI Zoning Districts:
  • (1) A single-occupant parcel shall be allowed one of each of the following types of signs:
    • (a) A freestanding sign, not exceeding 36 square feet, which shall include the name and 911 address of the occupant. The freestanding sign shall not exceed the height of the building to which it is related or a height of 16 feet, whichever is less. A freestanding sign shall not be permitted for an individual occupant located in a multi-occupant building or in a multi-business shopping center;
    • (b) A projecting sign which shall not exceed 12 square feet;
    • (c) A wall sign which shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the sign will be attached; and
    • (d) A canopy sign which shall not exceed one square foot for each linear foot of the street-facing facade to which the canopy sign will be attached.
  • (2) Signs within a multi-occupant parcel shall be in accordance with the following:
    • (a) One freestanding sign, not to exceed 72 square feet, which shall identify the name and 911 address of the multi-occupant (i.e., center or plaza) and may list each of its occupants. The multi-occupant freestanding sign shall not exceed the average height of the buildings to which it is related or a height of 16 feet, whichever is less.
    • (b) Each occupant within a multi-occupant parcel may have a wall sign not exceeding one square foot for each linear foot of the street-facing facade of the unit or units occupied. The total area of all wall signs shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the signs will be attached.
    • (c) The design, placement and location of signs within a multi-occupant parcel shall be harmonious with one another.
  • (3) Exposed neon tube signs may be displayed in interior windows, provided that the neon tube shall not exceed 0.5 inch in diameter.
• I. Signs permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts. All signs in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless otherwise specified below, and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts:
  • (1) Window signs. Window signs, as defined in this section, for nonresidential uses shall be permitted subject to the following regulations:
    • (a) Area. A maximum of 15% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or otherwise permanently affixed to the window. A maximum of 25% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.
    • (b) Illuminated signs may be displayed in interior windows, provided that any neon sign tube shall not exceed 0.5 inch in diameter; no sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign; and the light shall not be illuminated during nonbusiness hours.
  • (2) Wall signs: one wall sign which shall not exceed one square foot for each linear foot of the face of the building (or if the building contains two or more occupants, the portion thereof allocated to the occupant) to which the sign will be attached.
  • (3) Freestanding signs: one freestanding sign per lot, provided that: it shall not exceed 36 square feet, it shall not exceed six feet in height, measured from the ground to the top of the sign, and it may abut the property line, but it shall not be located on or projected over a sidewalk. A freestanding sign shall not be permitted for an individual business located in a multi-occupant building or parcel; however, one multi-occupant freestanding sign may be permitted for the building or parcel to provide joint identification of the occupant business enterprises and the name of the building or center.
  • (4) One projecting sign, per structure and/or unit, provided that:
    • (a) A lot may have no more than one projecting sign per business.
    • (b) No projecting sign shall extend more than five feet from the wall to which it is attached, at a safe height over the sidewalk, and shall be no more than 12 square feet except for temporary community event signs.
  • (5) Portable signs, provided that:
    • (a) No greater than one portable sign shall be on each sidewalk directly abutting the unit it advertises.
    • (b) A portable sign shall not be greater than 12 square feet and in the case of a sandwich board sign shall not be greater than four feet tall and three feet wide at the base.
    • (c) A portable sign may only be displayed during the hours that the business is open, and it shall be removed from the sidewalk when the business closes each day.
    • (d) The portable sign shall not inhibit pedestrian or handicap access to, or on, the sidewalk.
  • (6) A marquee sign, provided that:
    • (a) The marquee and marquee sign are historic in nature and are approved by the Rhode Island Historical Preservation and Heritage Commission.
    • (b) The marquee and marquee sign match the design and function of a previously permitted marquee at the site.
    • (c) The marquee and marquee sign are approved by the Rhode Island Historical Preservation and Heritage Commission, which approval must be received and provided to the Zoning Official before the Zoning Official may issue a permit.
    • (d) Use of modern technology, such as LED, OLED, and plasma screens, as well as computer or processor driven signage to allow illuminated projection or movement of any form of digital media, is permitted if it evokes and mimics the look, feel and function of the historic marquee sign being replaced, refaced, or refurbished.
    • (e) Marquee signs employing the use of modern technology shall not operate between 2:00 a.m. and 5:00 a.m.
    • (f) Illuminated marquee signs may not be brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign.
    • (g) A permit shall not be required to change the message or content of a marquee sign.
  • (7) Canopy signs, provided that:
    • (a) The bottom edge of the awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area shall be at least seven feet above the ground.
    • (b) The bottom edge of any hanging sign attached to the canopy shall be at least eight feet above the ground.
  • (8) Banners, flags and temporary signs are prohibited unless permitted in accordance with Subsection E.
  • (9) Unless otherwise permitted by this section, all signs must be for a business(es) on the same lot and for the unit that the sign is located on. Additional signs are not permitted on the basis that there is greater than one business on the lot.
  • (10) The provisions of this subsection shall govern any conflict between the provisions of this subsection and any other subsection of § 260-86.
• J. Adult entertainment business. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions:
  • (1) Perpendicular or protruding signs are prohibited. Signs shall be parallel to and attached to a wall.
  • (2) Freestanding signs and off-site signs are prohibited.
  • (3) Signs or other advertising located on billboards or outdoor advertising structures are prohibited.
  • (4) Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.
  • (5) Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.
• K. Existing nonconforming signs.
  • (1) Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this section may continue, although such sign does not conform to the provisions of this section. Notwithstanding, in accordance with § 260-86C and D, a nonconforming sign will not be grandfathered into use should it need to be replaced, relocated or altered or should it not be properly maintained to the standards set by these regulations.
  • (2) Maintenance. A nonconforming sign may be maintained in compliance with § 260-86D(8), General standards, without requiring a permit.
  • (3) Repair or reface. A nonconforming sign may be repaired (including refacing), provided that a sign permit explicit to the specific scope of the repair is obtained and the sign shall not be structurally altered in any way unless it conforms with this article. If the cumulative cost during any twelve-month period to repair or reface the nonconforming sign exceeds 50% of the fair market value of the sign before the start of the repair or refacing, then the repair or refacing shall be considered a replacement of the nonconforming sign.
  • (4) Replacement, relocation, or alteration. Any sign replacing or relocating a nonconforming sign shall conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed. A nonconforming sign shall not be altered as defined herein. If a nonconforming sign is altered, the sign shall be made to conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed.

[Added 11-29-2010 by Ch. No. 1733; amended 11-5-2018 by Ch. No. 1944; 2-11-2019 by Ch. No. 1949]

The existing billboard at 5 Union Street in the Town of Westerly controlled and owned by Ocean Community Chamber of Commerce, a regional business league and 501(c)(6) may utilize both sides of the structure and it may be illuminated in accordance with § 260-86D(2); provided that it remains the same or smaller in size, development plan review is granted in accordance with § 260-45, and in all other aspects the billboard shall comply with the requirements of § 260-86, Signs. This billboard may be relocated to another location within the Town with the approval of the Town Council provided that it remains the same or smaller in size. This provision is enacted to support the activities of nonprofit organizations which contribute to Westerly's quality of life.

[Amended 5-15-2000 by Ch. No. 1300]

Assisted living/congregate housing, where permitted in other than the Post Road Overlay District, shall comply with the regulations and development standards as set forth in the overlay district.

[Added 10-12-2004 by Ch. No. 1510]

• A. The following development standards are applicable to the development of an oceanfront historic hotel at the location of The Ocean House, south side of Bluff Avenue and Westerly Road:
  • (1) The site is located within the Watch Hill National Register Historic District. The existing hotel structure thereon is a significant historic structure within said district.
  • (2) The oldest and most historically significant portion of the existing Ocean House building consists of that portion of the building viewed from Bluff Avenue. These include:
    • (a) The four-story elevation and facade facing Bluff Avenue together with its mansard roof and covered main entrance;
    • (b) The central tower together with its unique roof line and dormers;
    • (c) The mansard roof with dormers on the west as visible from Bluff Avenue, together with the four bays extending from the tower toward the ocean as historically existed;
    • (d) The columned porches that extend along the north and western sides of the building;
    • (e) The mansard-roof ell that extends east from the main entrance; and
    • (f) The exterior yellow and white building colors.
  • (3) The criteria hereinafter set forth are intended to regulate any renovation, restoration and/or replacement of that structure by identifying those elements which are required to be preserved or accurately replicated.
    • (a) Porches. The porches, both open and enclosed, that surround the building are important in defining its architectural character. The existing size of the porches; their depth and height; their chunky railings and columns; the graceful curve along the side porch and at the two-story entrance porch; the multi-paned windows in the enclosed porches all contribute to the building's historic character and should be preserved or replicated accurately.
    • (b) Architectural trim. The architectural trim, such as the deep-set modillioned cornice, the simple yet substantially proportioned trim around the windows, and the bold corner pilasters and pulvinated frieze on the tower are all character-defining features that should be preserved or replicated accurately. This condition shall apply to all structure(s) on the property.
    • (c) Fenestration and glazing. The size, spacing and muntin pattern of the existing guest room windows are all-important features of the historic appearance of the Ocean House and should be preserved or replicated accurately. If replaced, to the greatest extent possible, the windows and doors should replicate 6/6 or 2/2 glazing patterns found on the existing hotel. This includes window grids that may be true-divided lights or may be window grids that are applied to the exterior of the window and have a three-dimensional trapezoidal profile. Interior applied grids or grids that are sandwiched between two panes of glass do not adequately replicate the appearance of historic sash. This condition shall apply to all structure(s) on the property.
    • (d) Interior features. Individual features, such as the fireplace mantels, the reception desk and staircase, are desirable to preserve in place or salvage for reuse. On the first floor, cased columns, beamed ceilings, wall paneling, and window type and pattern should be preserved or replicated accurately.
    • (e) Balconies. The balcony over the front door is an important historic feature to retain or accurately replicate. Any other balcony visible from Bluff Avenue will be limited to those which historically existed.
    • (f) Floor-to-floor heights. Externally the appearance of the existing floor-to-floor heights, along with the size, spacing and scale of the windows visible from Bluff Avenue should be preserved or replicated accurately to preserve the building's overall appearance.
    • (g) Bluff Avenue entrance. The relationship of the main entrance to elevation of Bluff Avenue is important and is to be preserved or replicated.
    • (h) Site foundation. Any beach stone foundation visible from Bluff Avenue should be preserved or replicated. Any replication may be accomplished by using such beach stone as a facade to a foundation of other material.
    • (i) Ocean visibility.
      • [1] The public visibility of the Atlantic Ocean from Bluff Avenue is important. Therefore, the height of any structure located within 120 feet of the western boundary of the property shall not exceed the elevation of 45 feet NGVD (five feet below the existing street elevation of Bluff Avenue); provided, however, that the Planning Board may permit an open-air structure for public sitting and viewing.
      • [2] Enhancing the visibility of the Atlantic Ocean from Westerly Road is also an important consideration. Therefore, the height of any structure located within 60 feet of the eastern boundary of the property shall also not exceed the elevation of 45 feet NGVD; provided, however, that the Planning Board may permit an open-air structure for public sitting and viewing.
    • (j) Fireplaces. A reasonable effort shall be made to preserve the fireplaces and mantels located in the main lobby and in the dining room, including consideration of relocating and reusing the fireplace in a portion of the building that is being preserved or rebuilt.
    • (k) Building location and height. Limited by the foregoing, structures may otherwise be erected, renovated, restored, replicated and/or replaced on the property. To the extent the present location of any structure does not meet the minimum dimensional regulations of the LDR-43 Zoning District, that location shall nevertheless be permitted. The Planning Board may, through its development plan review process, allow structure(s) within the front and/or cornerside setbacks, provided the total area of encroachment is less than the area of encroachment in these areas by the preexisting structure(s). For purposes of applying § 260-19 and this section, the maximum building height is established as 134 feet NGVD.

      [Amended 5-22-2006 by Ch. No. 1775]

    • (l) Maximum building coverage. The existing building surface coverage on the site, 33,879 square feet, shall not be exceeded. This shall not include any external stairs or apply to any subsurface structure for parking, drainage, mechanical systems, access and egress, etc. Space located above a structured parking/mechanical level and below lobby level outside terrace(s) including pool(s) shall not be considered in this calculation.

      [Amended 5-22-2006 by Ch. No. 1775]

    • (m) Building siding. The building siding shall be wooden clapboard, "Hardiplank" or similar product. No vinyl or metal siding is permitted. Man-made materials may be used to replicate other features required above. The existing exterior yellow siding and white trim building colors will be replicated.
    • (n) Landscaped buffer. Any side yard setback areas applicable to the historic hotel use on the property shall be vegetated and maintained as a landscaped buffer.

[Added 12-13-2004 by Ch. No. 1520]

• A. Purpose. The purpose of this section is to facilitate the Town of Westerly in the retrieval, treatment, storage and/or distribution of potable and/or drinking water together with the sheltering and operation of equipment used for such purposes.
• B. Any structure used to shelter and/or operate mechanical equipment used in conjunction with the retrieval, treatment and distribution of municipal water shall meet the setback, lot coverage and building height requirements of the zoning district in which it is located.
• C. Any structure used for water storage (i.e., water tanks) shall meet the setback and lot coverage requirements of the zoning district in which it is located; the height of such structures may extend to 270 feet NGVD, and fences intended to screen such facilities from neighboring properties may be up to 10 feet in height.

[Added 9-12-2005 by Ch. No. 1551; amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. Any retaining wall greater than six feet in vertical height, measured from grade at the bottom of the wall to the top of the wall, shall require a building permit. An application for a building permit under this section shall be reviewed and approved by the Zoning Officer prior to the permit being issued.
• B. A plot plan showing the property and the location of the proposed wall on the property, together with the location of driveways, sidewalks, patios, decks, pools and other structures and/or paving relative to the proposed wall, together with existing and proposed topography at two-foot intervals, shall accompany the permit application.
• C. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a minimum safety factor of 1.5 lateral sliding and overturning (Reference: Rhode Island Building Code: Retaining Walls).
• D. Retaining walls in excess of six feet shall be designed for all loads specified in the applicable building code and in keeping with nationally recognized standards. Such designs shall be based on sound engineering and geotechnical principles. A site plan and wall design signed, stamped and dated by a professional engineer licensed to practice in the State of Rhode Island shall also accompany the application.
• E. Where multiple walls are situated in a terrace-like pattern, they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls multiplied by a factor of 0.75.
• F. Adequate protection to prevent an individual's accidental fall over the retaining wall shall be erected and maintained in conjunction with the retaining wall thereafter.

[Added 2-6-2006 by Ch. No. 1561]

• A. In the Shore Commercial W.H. Zoning District, the following regulations shall be applicable to any mixed residential and commercial use on any lot that does not have frontage on Bay Street and has land area which is at least 90% outside the Flood Hazard Overlay District (see Chapter 127, Floodplain Management):

  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (1) The commercial use component for a mixed residential and commercial use is satisfied by one commercial/professional unit on the property proposed for development irrespective of the number of structures thereon.
  • (2) Provided the above commercial component requirement is met, residential uses shall be permitted on the first floor.
  • (3) Detached garages or covered parking are permitted for all the residential units in such a mixed residential and commercial use.
• B. The reduction in maximum height from 35 feet to 25 feet as indicated in § 260-19 (Minimum dimensional requirements) shall not be applicable to the special use permit granted for the property now or formerly of B.S.I., Inc. described as Assessor's Plat 185, Lot 1, nor the special use permit granted for the property now or formerly of JHRW Partnership located on the southeasterly side of Bay Street and the northeasterly side of Larkin Road, and being identified as Parcel B on the Administrative Subdivision Plan approved December 15, 2005, and recorded that day at Book 1485, page 315 in the Town of Westerly Land Evidence Records. The maximum height applicable to said parcels shall remain at 35 feet.

[Added 9-11-2006 by Ch. No. 1581]

• A. Purpose. It is the purpose of this section to promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.
• B. Findings. The Town of Westerly finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Wind energy also makes the electricity supply market more competitive by promoting customer choice.
• C. Definitions. As used in this section, the following terms shall have the meanings indicated:

  TOWER HEIGHT — The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

  WIND ENERGY SYSTEM — A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.

• D. Permitted use. Wind energy systems shall be allowed by special use permit in all zoning districts subject to the requirements set forth below:
  • (1) Special use permit applications for wind energy systems shall include a site plan of the subject property drawn to a uniform scale, including location of the tower, all accessory structures and appurtenant equipment, and the location of any other structures on the site.
  • (2) The applicant shall provide a report containing a description of the tower with technical support establishing its structural integrity and need for accessory structures.
  • (3) There shall be a restriction of one turbine and tower per deeded property with a minimum of seven acres. Municipal/commercial properties may exceed one turbine and tower per property on a case-by-case basis.
  • (4) Advertising signage, communication devices, cellular dishes or the like may not be attached to a tower. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.
  • (5) The owner of the property where a wind energy system is located shall be required to obtain a demolition permit to remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than 90 days.
  • (6) Tower height shall not exceed 85 feet, and in all cases a fall zone of 360°, with a radius equal to the tower height, shall be provided entirely within the lot upon which the tower is located, within which no residential structures shall be located. Towers exceeding 85 feet in height shall be permitted exclusively for municipal use.
  • (7) No part of a wind energy system structure, including guy wire anchors, may extend closer than minimum zoning setback requirements of primary structures.
  • (8) Wind energy systems shall not exceed noise levels as permitted by the Noise Control Ordinance of the Town of Westerly.
  • (9) Designs for all wind energy systems must be certified by the Federal Department of Energy or other small wind energy certification program recognized by the State of Rhode Island.
  • (10) Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and all appurtenant structures, demonstrating compliance with the International Building Code and National Electrical Code, as amended. The tower and turbine shall be engineered to withstand appropriate wind loads in conformance with the International Building Code. An engineering analysis shall be submitted demonstrating code compliance as certified by a licensed professional engineer or manufacturer.
  • (11) Wind energy systems must comply with applicable FAA regulations as specified in 14 CFR Part 77, entitled "Objects Affecting Navigable Airspace."
• E. Utility notification. No wind energy system shall be granted a special use permit until written evidence has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

[Added 10-30-2006 by Ch. No. 1589]

• A. Purpose; exceptions.

  [Amended 6-28-2017 by Ch. No. 1892; 10-26-2020 by Ch. No. 1997]

  • (1) The entire area of the Shore Commercial - Watch Hill Zoning District is within the Watch Hill Historic District, which is listed in the National Register of Historic Places. Essential to the preservation of this district is that those existing structures that define the historic character of the district be preserved and that any new construction be compatible with the existing architecture within this neighborhood. This section provides specific development plan review criteria for the Planning Board to ensure that the unique physical character of the Shore Commercial - Watch Hill District (District) is retained, while allowing for beneficial enhancements and redevelopment to occur. In general, the existing scale and proportions of buildings and the overall architectural character of the streetscape shall be preserved along Bay Street.
  • (2) Periodic maintenance and repair of buildings with replacement of in-kind building materials does not require development plan review. All modifications to the exterior of buildings, except such replacement, in-kind of building materials, requires development plan review. Nothing herein shall be deemed to reduce the authority of the Planning Board to waive development plan review and waive and/or modify requirements pursuant to R.I.G.L. 45-23-62.
• B. Development plan review by the Planning Board shall be regulated by the following standards in conjunction with those contained in § 260-45F:

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) The uniformity of the building heights, gable orientations, roof pitch, massing and bulk visible from Bay Street shall be used to guide construction of new buildings and additions to existing structures. New buildings shall be designed with traditional roof forms that are compatible with the character of the District.
  • (2) Architectural elements such as dormers and roof gables shall be in proportion to the overall building and shall also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements shall be avoided. Limitation of a second-story footprint to less than the first-floor footprint of any existing building is not intended by this subsection.
  • (3) The uniform rhythm or sequencing and design of architectural features, including, but not limited to, windows, bays, entryways and doors, storefronts, arcade columns and gables along Bay Street shall be replicated in any new building or retained in any existing building thereon.
  • (4) Traditional exterior building materials, such as wooden shingles or clapboards, "Hardiplank" or similar product, shall be used for building siding.
  • (5) Structures which have been determined by the Secretary of the Interior to be contributing to the historical significance of the District shall be reused whenever possible rather than demolished. Demolition of such buildings shall be permitted when the property owner demonstrates there is no reasonable and feasible alternative to demolition. In the event of demolition, it is preferred that such structures be replicated or reconstructed on their original building footprint and the design be substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings.
  • (6) New construction shall be of pedestrian-scale, directly fronting the street with covered sidewalk arcades, unless otherwise governed by setback requirements of this chapter. Structures set behind expanses of asphalt or other impervious parking surfaces are prohibited. New construction shall be articulated with building hyphens, other architectural features, and roofline breaks and gables employed to scale-down building mass to match existing surrounding buildings.
  • (7) Long first-floor arcades projecting to public sidewalks shall be incorporated where appropriate in any new design, with arcade width, street-to-arcade setback and sidewalk width matching existing configuration on the street. Arcade roofs shall not be entirely recessed within the building fabric or building mass. The uniformity of existing covered sidewalk arcades, with galleries, decks and porches above, shall guide new construction.
  • (8) In addition to requirements and standards for signage in § 260-86, no freestanding signs shall be permitted.
  • (9) All awnings shall be covered with canvas. Backlit awnings and those displaying logos and/or signs shall be prohibited.
  • (10) Exterior lighting fixtures shall be shielded and directed toward the building or the ground. Electrical conduit and junction boxes shall be located so as to minimize or, if possible, eliminate their visibility from the public. Security devices shall not negatively impact the architectural character of the building and streetscape. Satellite dishes are not permitted on the street side of any structure, nor are they to be visible from Bay Street.
  • (11) HVAC mechanical devices shall not be visible from the street. Such devices may be screened with architectural elements or vegetation where appropriate.
  • (12) The Planning Board may allow historical features which previously existed to be replicated, provided that such elements are substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings, and such elements are in general compliance with the Zoning Ordinance dimensional requirements.
  • (13) Visually and historically significant landscape features, such as stone walls, fences, curbing treatments, sidewalks (and their width) and the like, shall be preserved whenever possible or replaced in-kind. New features shall be designed to complement and enhance existing features. All new landscaping shall use low-growing material or species hardy to the area. Fixed streetscape features, such as lighting standards and benches, shall be of a consistent and traditional design type which will complement the architecture of the area. Landscaping shall be required to minimize the visual input of any bottomless sand filter or other components of individual septic disposal systems.
  • (14) In new building construction the following character-generating features of Bay Street are encouraged:
    • (a) Natural wood roof shingles or dark-colored architectural grade roof shingles.
    • (b) Substantially proportioned window and building trim, white in color.
    • (c) White deck rail systems with a silhouette (size and detail) consistent with Building Code requirements and with those generally along Bay Street.
    • (d) Arcade lighting mounted on the interior face of the arcade sidewalk column located just below the arcade soffit.
    • (e) Signage using black background with gold letters, which is a Watch Hill Business Village tradition.
    • (f) Generous use of multipaned glazing patterns, which are true divided lights or window grids that are applied to the exterior of the window and have the appearance of such true divided lights.
  • (15) In all construction, synthetic materials or substitutes may be used subject to Planning Board approval; samples of all such materials shall be submitted to the Planning Board as part of the review process.
  • (16) The property of Gail Forbes, described as Assessor's Plat 179, Lot 85, shall be determined not to be contributing to the historical significance of the Watch Hill Historic District as defined by the Secretary of the Interior.
  • (17) An enclosed stairway and elevator for providing handicap access to a rooftop deck over residential unit(s) shall be permitted, provided that it is no higher than necessary to achieve such access.
  • (18) The Planning Board may hire an historical consultant, at the applicant's expense, to review the project for purposes of identifying impacts to the property which can reasonably be expected to diminish or destroy its historical qualities and to provide a recommendation to the Planning Board.
• C. In addition to the above standards, the Secretary of Interior's Standards for Rehabilitation (36 CFR 67.7), as existing on the date of the passage of this section, shall be used as general design guidance for proposed alterations to the exterior of existing buildings that have been determined to contribute to the historic significance of the National Register Historic District. These widely accepted national preservation standards help define the character and features of historic buildings and provide "best practices" for preserving and enhancing the integrity of these features in rehabilitation of such buildings.
• D. Compliance with the above standards, incorporation of recommended character-generating features and compliance with the dimensional regulations of this chapter shall demonstrate substantial architectural compatibility with neighboring properties.

[Added 10-17-2016 by Ch. No. 1877]

• A. Definitions. As used in this section, the following terms shall have the meanings indicated:

  CARDHOLDER — A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

  CAREGIVER CULTIVATION — Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 21-28.6.

  COMPASSION CENTER — A not-for-profit corporation that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

  COMPASSION CENTER CARDHOLDER — A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

  LICENSED CULTIVATOR — A person, co-partnership, entity and corporation, who has been licensed by the department of business regulation to cultivate marijuana pursuant to RIGL 21-28.6-16. A licensed cultivator may acquire, possess, cultivate, deliver, or transfer marijuana only to licensed compassion centers. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.

  [Added 11-13-2017 by Ch. No. 1907]

  MARIJUANA STORE — Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

  NONRESIDENTIAL COOPERATIVE CULTIVATION — Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.

  PATIENT CULTIVATION — Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL 21-28.6.

  RESIDENTIAL COOPERATIVE CULTIVATION — Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.

• B. Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See RIGL 21-28.6-1 et seq.) The Town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.
• C. Patient cultivation. Patient cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly. Patient cultivation shall not be allowed unless each of the following criteria has been met:
  • (1) Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
  • (3) The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (4) In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Zoning certificates, Fire Department inspection and/or review, or building/trade permits, are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence in a residential zoning district.
  • (6) Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Patient cardholder	12 plants	12 plants	2.5 ounces

• D. Caregiver cultivation. Caregiver cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly except in those located in Zone HDR 6 High-Density Residential Zoning Districts or in multifamily dwellings of three or more residential units. Additionally, caregiver cultivation shall not be allowed unless each of the following criteria has been met:
  • (1) If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
  • (3) The caregiver cardholder shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (4) In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Possession limits. Caregiver cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Primary caregiver	12 plants per patient cardholder (to whom he/she is connected through RIDOH registration process)	12 plants	2.5 ounces per patient cardholder (to whom he/she is connected through RIDOH registration process)

• E. Cooperative cultivation.
  • (1) Residential cooperative cultivation, as defined under this section, shall be prohibited in all zoning districts.
  • (2) Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
    • (a) A property containing medical marijuana, and cultivated by a nonresidential cooperative cultivation, shall not be located closer than 500 feet to where any place of religious worship, preschool, elementary or secondary school, day-care/child-care center, athletic field or playground is located.
    • (b) A cardholder shall only cooperatively cultivate in one location.
    • (c) No single location shall have more than one cooperative cultivation. For the purpose of this section, location means one structural building, not units within a structural building.
    • (d) The cooperative cultivation shall not be visible from the street or other public areas.
    • (e) A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.
    • (f) The property owner shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
    • (g) The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

      Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

    • (h) A nonresidential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes.
    • (i) The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit.
  • (3) In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (4) Possession limits. Cooperative cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Nonresidential cooperative cultivation	48 plants	24 plants	10 ounces

• F. Compassion centers. Compassion center uses, as established under § 21-28.6-1 et seq. of the Rhode Island General Laws, shall be prohibited in all zoning districts in Westerly except in the industrial zones of the Town and only upon the grant of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards has been met:
  • (1) The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.
  • (2) Findings.
    • (a) That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;
    • (b) That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate;
    • (c) That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and
    • (d) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
  • (3) Location.
    • (a) All uses granted under this section shall not be located within:
      • [1] One thousand feet of the nearest residential zoning district, and the lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this section; or
      • [2] One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
      • [3] Two thousand feet of any other compassion center or cooperative cultivation site; or
      • [4] One thousand feet of any of the Westerly Town lines.
    • (b) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
  • (4) Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
  • (5) Lighting.
    • (a) Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the compassion center's front facade, and any adjoining public sidewalk.
    • (b) Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
  • (6) Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system and security alarm system.
  • (7) Parking. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.
  • (8) Signage and advertising. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.
  • (9) No use permitted under this section shall be established prior to submission and approval of a special use permit by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
  • (10) Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local and/or State Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the compassion center.
  • (11) Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (12) Possession limits. Compassion center possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    Compassion center

    Inventory of seedlings, plants and usable marijuana limited to reflect the projected needs of registered qualifying patients

• G. Licensed cultivation. Licensed cultivation shall be prohibited in all zoning districts except industrial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

  [Added 11-13-2017 by Ch. No. 1907]

  • (1) If the licensed cultivator does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The Licensed Cultivator shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cultivator.
  • (3) The licensed cultivator shall apply for a zoning certificate, and the licensed cultivator or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cultivator. Upon the annual renewal of its license in accordance with state regulations, a licensed cultivator shall reapply for a zoning use certificate, providing documented proof of such renewal.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (4) In addition to the requirements above, the licensed cultivator shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing be secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Possession limits. Licensed cultivation possession limits shall be consistent with those stated in the Rhode Island General Laws.

  Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.

• H. Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
• I. Enforcement.
  • (1) Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with § 260-26 of this chapter and subject to violations and penalties as provided in Chapter 1, Article II, General Penalty.
  • (2) All unpermitted preexisting cultivation shall be required to comply with this section.
  • (3) All uses permitted under this section shall comply fully with all licensing requirements of the Town of Westerly and laws of the State of Rhode Island.

[Added 3-25-2019 by Ch. No. 1953]

• A. Purpose and applicability.
  • (1) The increase in demand for alternate power sources has resulted in considerable interest in the construction of solar energy systems which provide for the collection, storage and distribution of energy for electricity, heating and other purposes.
  • (2) The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhoods and its architecture in which they are located and are compatible with the Comprehensive Plan of the Town of Westerly.
  • (3) The requirements of this section shall apply to all solar installations located in the Town of Westerly except those on land owned by the municipality.
• B. Definitions.
  • (1) Except otherwise stated herein, the following definitions shall apply to all solar installations in the Town of Westerly:

    ACCESSORY SOLAR ENERGY SYSTEM — A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and generates no more energy than 125% of the energy that is necessary to support the principal use of the parcel.

    ARRAY PERCENT COVERAGE — Array percent coverage equals (number of individual panels multiplied by individual panel size) plus (total mechanical pad coverage) divided by (total lot area) expressed as a percentage.

    ARRAY SIZE — Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

    MECHANICAL PAD COVERAGE — The area of impervious surface(s), not including the panel(s) themselves, required to support a solar array and the solar array's required mechanical devices expressed in square feet or square acres.

    PHOTOVOLTAIC SYSTEM (PHOTOVOLTAIC INSTALLATION) — An active solar energy system that converts solar energy directly into electricity.

    PRIMARY SOLAR ENERGY SYSTEM — An installation designed for off-site sales in excess of the power consumed on site.

    RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

    SOLAR ACCESS — The access of a solar energy system to direct sunlight.

    SOLAR ENERGY — Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

    SOLAR ENERGY SYSTEM — A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

    SOLAR ENERGY SYSTEM, GROUND-MOUNTED — An active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size.

    SOLAR ENERGY SYSTEM, OFF-GRID — A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

    SOLAR ENERGY SYSTEM, ROOF-MOUNTED — An active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).

    SURFACE AREA — Surface area is determined by the array size. Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

• C. Permitted uses.

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) Single use. Accessory solar energy systems, Use Code E.14A, and principal solar energy systems, Use Code E.14B, shall be permitted as set forth in § 260-18, Table of Uses, and reviewed pursuant to the requirements of § 260-87.8.
  • (2) Dual uses. A lot located in General Industrial Zoning District (as defined by § 260-12) may have dual principal uses so long as one of those dual principal uses is a solar energy system permitted by right or special use permit in the Zoning District. Review of a project that is proposing dual principal uses, one of which is a solar energy system, shall be as a major land development (Chapter A261). In addition to the submission requirements for a major land development, all applications to the Planning Board shall also meet the requirements of § 260-87.8. On applications requiring a variance (§ 260-33) or special use permit (§ 260-34), Planning Board approval shall be advisory to the Zoning Board of Review.
• D. Preexisting nonconforming uses.
  • (1) The purpose of this subsection is to provide for the transition from a nonconforming commercial or industrial use to a use that conforms to, or more closely conforms to, the provisions of zoning.
  • (2) The intent to abandon a lawful nonconforming commercial or industrial use of land, portion of land, building, or structure, pursuant to § 260-32, Nonconformance, shall be conclusively presumed by the combination of one or more of the following actions and the replacement of the nonconforming commercial or industrial use with a solar energy system.
    • (a) Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the nonconforming use; or
    • (b) A change in the use of the building, structure, land or portion of land to another use; or
    • (c) The voluntary interruption of a nonconforming use of any parcel of land, or portion thereof.
  • (3) At the time of decommissioning of an approved solar energy system, the land, portion of land, building or structure previously nonconforming by use or dimension shall revert to a use and/or structure that is conforming to the use and dimensional provisions of zoning.
• E. Procedural requirements. In accordance with regulations promulgated by the Rhode Island Office of Energy Resources and General Laws Title 45, Chapter 68 "Statewide Municipal Solar Permit," solar energy permit is required for all solar installations. In addition, the following procedural requirements apply:
  • (1) Development plan review by the Planning Board (§ 260-45) is required for all ground-mounted solar installations except when the solar energy system is accessory to a single-family or two-family residence. Accessory uses for installations excluding one- or two-family residences may be permitted administratively by the Zoning Official if less than 1,000 square feet or less than 25 kw. However, solar installations proposed within any historic district, on an historic property or site, or on any property, or structure registered, or proposed for registration as per Chapter 42-45 Rhode Island Historical Preservation and Heritage Commission, on the National Register of Historic Places shall be forwarded to the Architectural Review Board for an advisory opinion with regard to applicable historical and architectural standards, and to the Planning Board for development plan review approval as set forth in § 260-45. In addition to the requirements of § 260-45, the submission requirements of Subsection I shall also apply. On applications requiring a variance or special use permit, development plan review shall be advisory to the Zoning Board of Review.

    [Amended 10-26-2020 by Ch. No. 1997]

  • (2) Where a special use permit is required, the Zoning Board shall find that through legally competent evidence in the record the applicant has met the development standards set forth in Subsection F for roof-mounted and Subsection H for ground-mounted. Requirements of Subsection F and Subsection H may not be varied or waived. Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall also require a special use permit and meet the standards set forth in Subsection F.
  • (3) Signs for solar energy systems shall comply with the Town's sign ordinance. A sign consistent with the Town's sign ordinance shall be required to identify the owner/operator of any ground-mounted system and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertisement except for identification of the manufacturer or operator of the solar energy system.
  • (4) Substantial modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Zoning Official and the Town Planner.
  • (5) Any significant visual change due to material modifications shall require approval of the Planning Board and Architectural Review Board and if applicable, the Zoning Board.
• F. Development standards for roof-mounted solar energy systems.
  • (1) Solar devices shall be an integrated part of the overall design of the structure. Color, style, shape and proportions of the solar devices should not conflict with the style, shape and proportions of the roof. Flat-roof systems may be set at an optimal angle and elevated, so as to minimize any adverse visual impact.
  • (2) Rooftop solar energy systems must not increase the footprint of the structure.
  • (3) On flat and minimally sloped roofs, solar devices shall be set back from the edge and/or behind architectural features and determined to have no adverse impact.
  • (4) Solar energy systems shall be installed in such a manner to be consistent with state building and fire code.
  • (5) Solar installations shall include appropriate snow and ice guards to avoid the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.
  • (6) Solar installations that also serve as primary building materials (i.e., solar shingles, siding, etc.) shall conform to the manufacturer's installation instructions.
  • (7) All solar installations shall include a well-marked and easily accessible emergency cut-off designed to stop power generated by the installation from being distributed to the structure or utility connection serviced by the installation.
  • (8) Solar installations shall be cleaned and maintained using best practices.
  • (9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

    [Added 10-26-2020 by Ch. No. 1997]

• G. Dimensional requirements for ground-mounted solar energy systems.
  • (1) Setbacks. All ground-mounted solar energy systems must meet the setback requirements of Article V, Standard Zoning District Dimensional Regulations, and Attachment 10, Schedule of Dimensional Regulations.
  • (2) The area of the array percent coverage shall be considered an impervious surface for purposes of meeting the minimum dimensional standards, maximum percent impervious surface in § 260-19.
  • (3) Height restrictions. Ground-mounted solar installations shall not exceed 12 feet in height as defined in §§ 260-9 and 260-20 as applicable to the highest point of the solar installation, including the top of any support structure or panel. The Zoning Board may allow heights exceeding 12 feet as a special use permit.
• H. Development standards for ground-mounted solar energy systems.

  [Amended 10-26-2020 by Ch. No. 1997]

  • (1) Applicants proposing ground-mounted solar energy systems shall provide an appropriate buffer to adequately mitigate visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site. Choices include, but are not limited to, a fifty-foot wooded buffer, twenty-foot partial landscape screen, ten-foot full landscape screen, or fencing with design and materials that are appropriate to the surrounding natural and built environment. The vegetative buffer surrounding the perimeter of the installation shall consist of plants from Rhode Island native plant database.
  • (2) A security fence shall surround the perimeter of the installation and shall, at a minimum, be constructed pursuant to the National Electrical Code Section 110.31 as amended. The fence shall be of appropriate aesthetic and integrate into the surrounding area and the general character of the area.
  • (3) All ground-mounted solar installations shall be located to take advantage of existing cleared land, and the clearing of forest or woodland shall be avoided. If clearing of forest or woodland is proven to be unavoidable by the applicant, such clearing shall be limited to no more than 30% of the sum of the total area of the solar panels, their buffer area and fencing in all zoning districts except the General Industrial and Light Industrial Zones, and shall be limited to clearing for those purposes. In the General Industrial and Light Industrial Zones, clearing shall be limited to 50% of the sum of the total area of the solar panels, their buffer area and fencing. For the purpose of the 30% or 50% calculation, any land cleared for any purpose within five years prior to submission of the application is deemed uncleared land. The applicant shall provide a complete evaluation of the environmental resources on the site, including but not limited to, the quality and quantity of mature trees and presence of flora and fauna located on the site as well as whether this site is a known habitat for wildlife, including but not limited to birds, deer and coyotes. A determination that clearing of the site will not have an adverse impact on these natural resources or the environment shall also be provided. Botanists, wetland specialists, arborists, wildlife biologists and wildlife ecologists shall be consulted to perform such evaluations and shall be licensed professionals in their field of study. The oral or written opinion of the applicant will not alone be deemed sufficient justification for the requested clearcutting without the input of the experts previously listed. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy systems. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area. To the maximum extent practicable, all cleared areas below and surrounding a ground-mounted solar installation shall be maintained in a vegetated state to stabilize soils and prevent erosion.
  • (4) To the maximum extent practicable, all electrical connection and distribution lines shall be located entirely within the structure of the solar installation, underground, or within the structure to which the installation is supplying energy. Electrical equipment between the installation and the utility connection may be above ground if required by the utility.
  • (5) Ground-mounted solar energy systems are not permitted in a flood zone or on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island soil survey. Ground-mounted solar energy systems located in the Aquifer Protection Overlay District (§ 260-52) shall meet the standards of the Aquifer Protection Overlay District and be designed and installed to ensure that the land beneath the solar energy system is restored after the solar array's installation with appropriate, sustainable and integrated low-growth vegetation that is listed in the University of Rhode Island's native plant database or other primary source to meet the stormwater, groundwater quality, aquifer protection standards and rules as well as firesafety requirements. If soils need to be removed from beneath the system for installation purposes, it shall be stored on site for future reclamation and replanted with grass or low-growth vegetation after decommissioning and removal.
  • (6) Reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, repositioning of systems on other areas of the property, or other appropriate measures. Solar energy systems shall be considered part of the overall design of a site plan or structure. The location, positioning, scale and general aesthetics of a ground-mounted system shall be integrated into the approved site plan.
  • (7) Lighting of solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from adjacent properties.
  • (8) The ground-mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless such road is a public way.
  • (9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.
• I. Development plan review submission requirements. Applications for development plan review shall include, in addition to the requirements set forth in § 260-45, the following:
  • (1) A project narrative, which shall contain a summary of the existing and proposed facility, a description of the facility's context in relation to other uses on the property, neighboring land uses and environmental features, and detail regarding the proposed operation and maintenance of the solar energy system including safety plans;
  • (2) Plans showing existing and proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
  • (3) Drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;
  • (4) One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods;
  • (5) Documentation of the major system components to be used, including the panels, mounting system, and inverter;
  • (6) An itemized estimate of the cost of decommissioning and removal of the solar energy system;
  • (7) Name, address, and contact information for proposed system installer;
  • (8) Documentation of access, control of the project site and operation and maintenance plan sufficient to allow for construction and operation of the proposed solar energy system.
  • (9) Any memorandum of lease, easement, or utility agreement associated with a solar installation shall be submitted to the Westerly Building Office for record in the Town of Westerly upon approval.
• J. Abandonment or decommissioning.
  • (1) Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the Zoning Official and the Administrative Officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: removal of all solar energy system-related structures, equipment, security barriers, and transmission lines from the site; disposal of all solid and hazardous waste in accordance with applicable disposal regulations; stabilization and revegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a landscape designer to assess whether any revegetation of the site is necessary.
  • (2) Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the property owner or the Town may remove the facility and seek damages for expenses incurred for such removal in accordance with law.
  • (3) At the time of development plan approval of a ground-mounted solar energy system the Planning Board shall require a financial guarantee for the decommissioning and removal of the system and consider the projected life of the system and inflation. Prior to construction, the applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site. The amount of said bond or security shall be reviewed and approved by the Department of Public Works. The terms of payment and process for release shall be consistent with those established by the Town's Subdivision and Land Development Regulations for the release of a performance guarantee. Release shall not occur until the system is fully removed from the site.

[Added 10-28-2024 by Ch. No. 2067]

Where cannabis retail is permissible it must conform with the following:

• A. A building or portion of a building used for the sale of cannabis must be located at least 500 feet from the premises of any public, private, or parochial school, or any place of public worship.
• B. A building or portion of a building used for the sale of cannabis must be located at least 200 feet from the premises of any day care or hospital or a residential zone unless located in a shopping center as defined in § 260-9 of this Code.
• C. A building or portion of a building used for the sale of cannabis must be located at least 200 feet from the premises of any public way of another premises holding a license or permit for the sale of cannabis. Cannabis licenses or permits presently issued to premises within 200 feet of the premises where another cannabis license or permit is presently issued may continue to be issued to those premises so long as those premises are in continuous operation under the license. Any transfer or removal from those premises of the license or permit is subject to the provisions of this section. Where a proposed licensed place is upon the opposite side of the street from an existing license or permit, the width of the street is to be disregarded in measuring the distance so as to ascertain if it is 200 feet away from the premises.
  • (1) In the event that the building or land occupied by the holder of a retailer’s cannabis license or permit is taken in whole or in part by eminent domain or by other public authority, the board, body or official who issued the license may permit the license to be transferred to a store or place no closer than 150 feet measured by any public way of other premises holding a cannabis license or permit. A cannabis retail permit may be issued to the premises so long as the premises are in continuous operation under the license or permit. Where a proposed licensed place is upon the opposite side of the street from an existing license or permit, the width of the street is to be disregarded in measuring the distance to ascertain if it is 150 feet away from those premises.
• D. Evidence, filed with the building permit application or business license, that demonstrates that security will be supplied in conformance with state law and said plan is approved by the Westerly Police Chief.
• E. Site lighting designed to illuminate all sides of the proposed facility but shielded so that the light does not spill onto adjacent noncommercial property.
• F. Conformance with all other applicable provisions of the Zoning Ordinance, including but not limited to site plan review, landscaping, signage, parking, loading.
• G. Hours of operation shall be as follows: 9:00 a.m. to 8:00 p.m. daily.
• H. Violations. Any person who shall violate any provision of this section shall be guilty of an offense against the Town punishable as provided in Chapter 1, Article II, General Penalty.

• A. Maintenance and protection of traffic. Traffic shall be maintained in the project area to the satisfaction of local regulatory agencies. The applicant or his agent, hereinafter called the "contractor," must maintain pedestrian and vehicular traffic. It is the responsibility of the contractor to contact the Director of Public Works, or other public utility or agency, when any work is contemplated within a public street or highway in order to coordinate such work.
• B. Safety. It is the responsibility of the contractor to provide, erect and maintain lighted barricades, signs, warning lights, etc., as needed, or as directed by the Town Highway Superintendent to keep people, animals and vehicles from excavations, obstacles, etc. The contractor may also be required to employ traffic persons and take other such reasonable means as needed to prevent damage or injury, and to minimize the inconvenience and danger to the public caused by construction operations. He shall arrange his operation to provide access to properties along the street and access to fire hydrants, manholes, gate boxes or other utilities. The contractor shall confine his occupancy of public or traveled ways to the smallest space compatible with the efficient and safe performance of the work contemplated.

[Amended 9-12-2005 by Ch. No. 1552; 7-19-2010 by Ch. No. 1719; 10-21-2013 by Ch. No. 1799]

• A. Purpose.
  • (1) The Town Council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed-out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.
  • (2) The purpose of this section is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the Town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the Town.
• B. Applicability. This section is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Westerly after determination of applicability by the Building Official or his or her designee based upon criteria outlined in Subsection C. Compliance with the requirements as described in this section shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
• C. Determination of applicability.
  • (1) It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may increase the potential for soil erosion, without first applying for a determination of applicability from the Building Official or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official or his or her designee, as provided in Subsection D. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land-disturbing activity in sufficient detail to allow the Building Official or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the Soil Erosion and Sediment Control Ordinance to a particular land-disturbing activity, the Building Official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the Building Official or his or her designee. A particular land-disturbing activity shall not be subject to the requirements of this section if the Building Official or his or her designee finds that erosion resulting from the land-disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature or watercourse, as defined in Subsection I. The current "Rhode Island Soil Erosion and Sediment Control Handbook," United States Department of Agriculture Natural Resources Conservation Service, Rhode Island Department of Environmental Management, and Rhode Island State Conservation Committee shall be consulted in making this determination.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (2) This section shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.
  • (3) No determination of applicability is required for the following:
    • (a) Construction, alteration, or use of any additions to existing single family or duplex homes or related structures, provided that the grounds coverage of addition is less than 1,000 square feet, and construction, alteration and use does not occur within 100 feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed 10%.
    • (b) Use of a home garden in association with on-site residential use.
    • (c) Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.
    • (d) Excavations for improvements other than those described in Subsection C(3)(a) of this section which exhibit all of the following characteristics:
      • [1] Does not result in a total displacement of more than 50 cubic yards of material;
      • [2] Has no slopes steeper than 10 feet vertical in 100 feet horizontal or approximately 10%; and
      • [3] Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
    • (e) Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:
      • [1] The aggregate area of activity does not exceed 2,000 square feet; and
      • [2] The change of elevation does not exceed two feet at any point; and
      • [3] The grading does not involve a quantity of fill greater than 18 cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed 50 cubic yards.
    • (f) Grading, filling, removal, or excavation activities and operations undertaken by the Town under the direction and supervision of the Director of Public Works for work on streets, roads, or rights-of-way dedicated to public use, provided that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Subsection E(3) and the standards and definitions that may be adopted to implement the performance principles.
• D. Provisions of plan; procedures.
  • (1) Plan.
    • (a) To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under Subsection C, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in Subsection E, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
    • (b) Rhode Island Freshwater Wetlands Permit. Where any portion of a proposed development requires approval under any provision of the General Laws approved by the General Assembly or where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required under this section for the development.
  • (2) Fees. The Town adopting this section may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this section.
  • (3) Plan review.
    • (a) Within five working days of the receipt of a completed plan, the Building Official or his or her designee shall send a copy of the plan to the review authorities which may include the Public Works Department, the Planning Board or Planning Department, and Conservation Commission for the purpose of review and comment. The Building Official or his or her designee may also, within five working days, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purposes of this chapter. Failure of these review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
    • (b) The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
  • (4) Plan approval.
    • (a) The Building Official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within 10 days after the Building Official has received the written opinion of the review authorities.
    • (b) In approving a plan, the Building Official or his or her designee may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this section. The conditions pertaining to erosion and sediment control measures and/or devices, may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing of the work. The applicant/owner shall notify the Building Official, or his or her designee, in advance of his or her intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.
  • (5) Appeals.
    • (a) Administrative procedures.
      • [1] If the ruling made by the Building Official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the Zoning Board of Review or other appropriate board of review, as determined by the Town Council.
      • [2] Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.
      • [3] During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the Building Official or his or her designee remains in effect.
    • (b) Expert opinion. The official, or his or her designee, the Zoning Board of Review, or other board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the Building Official, or his or her designee, as a public record prior to the appeals hearing.
• E. Soil erosion and sediment control plan.
  • (1) Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the Building Official or his or her designee.
  • (2) Plan contents. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the United States Department of Agriculture, Soil Conservation Service, Rhode Island Department of Environmental Management, Rhode Island State Conservation Committee, and, at a minimum, shall contain:
    • (a) A narrative describing the proposed land-disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the Building Official or his or her designee.
    • (b) Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.
    • (c) Other information or construction plans and details as deemed necessary by the Building Official or his or her designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the Building Official or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.
  • (3) Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined in this subsection, have been met in the design and are to be accomplished by the proposed development project.
    • (a) The site selected shall show due regard for natural drainage characteristics and topography.
    • (b) To the extent possible, steep slopes shall be avoided.
    • (c) The grade of created slopes shall be minimized.
    • (d) Post-development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar technique.
    • (e) Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.
    • (f) In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
    • (g) All drainage provisions shall be of a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.
    • (h) Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.
    • (i) Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.
    • (j) Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the nongrowing months, November through March.
    • (k) Permanent vegetation shall be placed immediately following fine grading.
    • (l) Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
    • (m) All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
  • (4) Existing uses and facilities.
    • (a) The Building Official and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations, provided that this subsection shall not apply to Subsection C(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of this section shall be submitted to the Building Official and/or his/her designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
    • (b) When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.
• F. Enforcement; performance bond.
  • (1) Performance bond.
    • (a) Before approving an erosion sediment control plan, the Building Official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the Building Official or his or her designee. When any land-disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of 10%, the filing of a performance bond shall be required. The amount of the bond, as determined by the Public Works Department, or in its absence, the Building Official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
    • (b) The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the Public Works Director and the Town Solicitor.
    • (c) A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this section.
    • (d) Notice of default on performance secured by bond.
      • [1] Whenever the Building Official or his or her designee finds that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice shall be made to the applicant and to the surety of the bond by the Municipal Solicitor. The notice shall state the nature of default, work to be done, the estimated cost, and the period of time deemed by the Building Official or his or her designee to be reasonably necessary for the completion of the work.
      • [2] Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the Town Solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond, to cause the required work to be completed by the Town, by contract or by other appropriate means as determined by the Town Solicitor.
    • (e) Notice of default on performance secured by cash or negotiable securities deposit. If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in Subsection F(1)(d) of this section.
    • (f) Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the Building Official or his or her designee.
  • (2) Approval; expiration; renewal.
    • (a) Every approval granted in this section shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
    • (b) If the developer is unable to complete the work within the designated time period, he or she shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the Building Official or his or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the Building Official or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the Building Official.
  • (3) Maintenance of measures. Maintenance of all erosion sediment control devices under this section shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
  • (4) Liability of applicant. Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the Town for damages to persons or property.
• G. Inspections.
  • (1) Periodic inspections. The provisions of this section shall be administered and enforced by the Building Official or his or her designee. All work shall be subject to periodic inspections by the Building Official, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the Building Official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner shall notify the Building Official or his or her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this section.
  • (2) Final inspection.
    • (a) Upon notification of the completion by the owner, the Building Official or his or her designee shall make a final inspection of the site in question, and shall prepare a final summary inspection report of its findings which shall be retained in the Department of Inspections, and in the Department of Public Works' permanent inspections file.
    • (b) The applicant/owner may request the release of his or her performance bond from the Building Official or his or her designee 12 months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the Building Official or his or her designee has been notified by the Town planning director of successful completion of all plat improvements by the applicant/owner.
• H. Notification; penalties.
  • (1) Notification.
    • (a) Noncompliance. If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the Building Official or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in Subsection H(2)(b). Failure to comply with the required corrections within the specified time limit is considered a violation of this section, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with Subsection F(1)(d) and (e).
  • (2) Penalties.
    • (a) Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the Building Official and all work on the project halted for an indefinite time period by the Building Official after written notification is transmitted by the Building Official to the developer for one or more of the following reasons:
      • [1] Violation of any condition of the approved plan, or specifications pertaining to it;
      • [2] Violation of any provision of this section or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
      • [3] The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this section.
    • (b) Other penalties. In addition, whenever there is a failure to comply with the provisions of this section, the Town has the right to notify the applicant/owner that he or she has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations. Should the applicant owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-day period, the Town then has the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the municipality, and the lien does incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this section, including revocation of the performance bond or assessment of a lien on the property by the Town.
    • (c) In addition to any other penalties provided in this section, a Town is authorized and empowered to provide by local ordinance for penalties and/or fines of not more than $250 for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.
• I. Definition of selected terms. As used in this section, the following terms shall have the meanings indicated:

  APPLICANT — Any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as defined in this section.

  COASTAL FEATURE — Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in "The State of Rhode Island Coastal Resources Management Program" as amended June 28, 1983.

  CUT — An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

  DEVELOPMENT PROJECT — Any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the Town.

  EROSION — The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.

  EXCAVATE — Any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.

  FILL — Any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.

  LAND-DISTURBING ACTIVITY — Any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.

  RUNOFF — The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.

  SEDIMENT — Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.

  SOIL EROSION AND SEDIMENT CONTROL PLAN — The approved document required before any person may cause a disturbance to the natural terrain within the Town as regulated by this section. Also, referred to as erosion and sediment control plan, approved plan.

  WATERCOURSE — Any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse shall be used for delineation purposes.

Editor's Note: Former § 260-90, Landscaping requirements, was repealed 10-26-2020 by Ch. No. 1997.

• A. Outdoor storage prohibitions. No materials or wastes shall be deposited in any manner that they may be transferred off the property by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodent or insects shall be stored outdoors only in enclosed containers.
• B. Outdoor storage restrictions. The following limitation on the aboveground storage of certain materials shall be enforced:
  • (1) Fuel tanks for energy or heating devices or appliances, tanks containing compressed natural gas, and the fueling of vehicles operated in association with a permitted use may utilize aboveground tanks, provided that they are located a minimum of 1,000 feet from any residential use, a hospital, an auditorium, or other building used for public assembly.
  • (2) Loading or unloading operations located within 200 feet of and abutting residential districts shall not be conducted between the hours of 9:00 p.m. and 6:00 a.m. or else shall be conducted entirely within an enclosed structure.
  • (3) A fence, wall, hedge, landscaping, earth berm, natural buffer area, or any combination thereof shall be provided to obscure certain uses or portions of a specific use which by their nature are unsightly or which represent the potential to negatively impact adjacent properties. At minimum the following uses or features shall be screened from adjacent properties and from public view from a public street:
    • (a) Dumpster and trash-handling areas.
    • (b) Service entrances and utility areas.
    • (c) Loading docks or spaces.
    • (d) Outdoor storage of any materials, stock, or equipment.
• C. Screening standards. Any screening utilized to fulfill the requirements of this section shall consist of an area no less than five feet in width to visually separate land uses. The following standards shall apply to all screening:
  • (1) Maximum height at any point for a solid screening structure located along the property line: eight feet.
  • (2) Maximum height in any required front yard for solid screening structure including earth berm: six feet.
  • (3) Minimum height of any screening shall be five feet or a greater height if necessary to visually separate uses within the subject property from adjoining properties or public streets.
  • (4) Height of any screening materials on a corner lot is controlled by vehicular sight distance consideration at the street intersections.
  • (5) For every 50 feet of property line where screening is required, an evergreen tree of at least two inches in caliper at three feet from grade shall be planted and incorporated into the screening material.
  • (6) Any earth berm used to fulfill the screening requirements shall be stabilized to control erosion and landscaped with grasses, shrubs and trees.
  • (7) Shrubs used as screening materials shall be of evergreen varieties and shall be at least three feet in height and no farther than six feet apart when planted. Shrubs shall be of variety that an average height of five to six feet could be expected as normal growth within two years from the time of planting.
  • (8) All manufacturing, storage, or similar uses shall be conducted within enclosed buildings, except that outside storage may be permitted if it is located directly to the rear of the principal building. It shall not occupy an area wider than the principal building and shall be adequately screened from public view by a fence or plant material. No storage shall be permitted above the height of the screen or fence.

• A. Driveway access. Plans for any driveway access onto any Town or state road shall show any construction, cut, fill, or other alteration of grade or pitch within the Town or state right-of-way. No zoning certificate shall be issued by the Zoning Official for construction or use of land requiring an access driveway onto a Town or state road until the applicant obtains the written approval of the Director of Public Works or his authorized representative. All driveway access to state roads requires the approval in writing of the State of Rhode Island Department of Transportation. Such approval shall state that the proposed access driveway will not substantially interfere with traffic flow and any future widening of the road and will not constitute a safety hazard to traffic on the state road.
• B. Specifications. All specifications for any such driveway access must conform to the following requirements:
  • (1) Any driveway shall be so graded that it will not be necessary to change the established grade of the adjacent Town or state road.
  • (2) No part of any driveway access shall extend beyond the road line in such a manner as to change the grade of the road or obstruct the free flow of water draining off the road.
  • (3) Where a driveway approach crosses an open ditch or where such construction will interfere with the drainage of water along the side of the road, a culvert of such size and width and of such material as determined by the Director of Public Works or his representative shall be installed.
  • (4) The driveway access shall be so constructed that there will be no drainage from the driveway onto the Town or state road. Written approval of drainage plans shall be obtained from the Town Engineer.
  • (5) If, in the opinion of the Director of Public Works or his representative, protection is required for the shoulder and/or edge of the Town or state road, an apron of bituminous concrete or other suitable material or treatment shall be installed.
  • (6) All required construction shall be at the property owner's expense.
• C. Inspection. Upon completion of construction of a driveway access, the Director of Public Works or his authorized agent shall make a final inspection and accept or reject, in writing to the Zoning Official, such construction. In the event of rejection, the owner shall be given a period of 30 days to bring such construction into compliance with all pertinent regulations. At the end of this thirty-day period, absent such compliance, the driveway access shall cease to be utilized. The Zoning Official shall also have the authority to require repair or reconstruction of any existing driveway access to a Town or state road that does not conform to the requirements of pertinent regulations.
• D. Public street ingress and egress. No building shall be erected upon a lot which does not have access to a public street.

Nuisances do not come under the protective provisions of § 260-32, and, therefore, the following regulations shall apply to all land uses within the Town. These regulations pertain to new development under this chapter only insofar as such development is permitted under the provisions of this chapter.

• A. Electromagnetic interference. In all zoning districts, no use, activity, or process shall be conducted which causes electromagnetic interference with normal radio or television reception from off the premises where the activity is conducted.
• B. Humidity and heat. In all zoning districts, any activity producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a manner that the steam, humidity, or heat is not perceptible to normal senses at any lot line.
• C. Noise. At no point within any zoning district shall the sound level of any use exceed the maximum permissible sound levels established by Chapter 171, Noise, of the Code of the Town of Westerly.
• D. Odorous matter. Emission of odorous gases or other matter released from any operation or activity shall not cause an obnoxious odor beyond lot lines, measured either at ground level or habitable elevation.
• E. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.
• F. Lighting. Exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets or into any residential area. Outside lights must be made up of light source and reflector so that, acting together, the light beam is controlled and not directed across a property line. A person shall not conduct a use that has a visible source of illumination that produces glare or direct illumination across a property line of an intensity in excess of 0.5 footcandles.
• G. Combustible/explosive materials. In all zoning districts, all uses involving explosive and/or combustible materials shall comply with the rules and regulations of the State Fire Marshal.
• H. Gas. No uses shall emit noxious, toxic, or corrosive fumes or gases in concentrations or amounts causing discomfort of injury to humans or harmful to vegetation. The owner or occupier of the land shall upon request obtain confirmation in writing from the Department of Health of the State of Rhode Island that the proposed levels will be safe to the general population.
• I. Hazardous materials. If any use of land requires the use, storage, or disposal of hazardous materials on site, the use shall comply with all fire and building codes for hazardous materials use and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology. Upon request, the owner or occupier of the land shall obtain a hazardous material impact analysis approved by the appropriate fire district to determine potential off-site impacts and required mitigation precautions.
• J. Radiation hazards. The airborne emission of radioactive material shall comply with the latest provisions of the State of Rhode Island Rules and Regulations pertaining to radiation control.
• K. Smoke/particulate matter. No emission of smoke or particulate matter which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling is permitted. No emission at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 of the Ringelmann Smoke Chart as published by the United States Bureau of Mines is permitted. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and driveways within lot boundaries, shall be kept to a minimum by appropriate landscaping.
• L. Toxic/noxious matter. No use shall for any period of time discharge across the boundaries of the lot wherein toxic matter is located in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
• M. Liquid waste.
  • (1) Standards. Liquid effluent from any treatment process which is discharged into the ground shall at all times comply with the following standards:
    • (a) Maximum five-day biochemical oxygen demand: 20 parts per million.
    • (b) Maximum total solids: 5,000 parts per million.
    • (c) Maximum phenol: 0.01 parts per million.
    • (d) Maximum pH limits: above 6.5 or below 8.0.
  • (2) Location of disposal facilities: Septic tank, leach field or other disposal place for liquid waste shall not be located less than 400 feet from the nearest point of any public drinking water wellhead area.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (3) Toxic substances: No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison, or otherwise pollute any stream or other groundwater supply.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (4) Temperature: No discharge shall raise the temperature of a water body above temperatures which are normal for such bodies and can support normal aquatic life in such water body.

[Added 1-14-2013 by Ch. No. 1782]

Editor's Note: Former Art. XIII, Disaster Recovery Emergency Provisions, which consisted of § 260-94, Disaster recovery, and was added 1-14-2013 by Ch. No. 1782, was removed as expired.