Historic Mill Overlay District

[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.