Mixed-use developments

[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.