§ 12.1

Design Review Overlay District

The Design Review Overlay District is hereby established to regulate the design of new and existing commercial or mixed-use buildings, structures, improvements and facilities with regard to assessing the impacts of predominantly commercial development on the surrounding community with regard to issues of health and safety, visual and architectural quality and long-term planning strategies. All nonresidential buildings, structures, improvements and facilities within zoning districts C-1, C-2, MU-1, MU-2 and I-1 shall be regulated by both the requirements of the district in which they are located and the requirements of this overlay district. This district shall furthermore overlay all lots, or portions thereof, where any building, structure, improvement or facility is associated with a use otherwise permitted only in a C-1, C-2, MU-1, MU-2 and I-1 district, that has been granted by variance or special use permit by the zoning board of review.

(Ch. No. 6154, Sec. 1(J), 10-16-95; Ch. No. 6400, Sec. 1(M), 9-2-97) (Ch. 7845. 10-26-05.)

12.1-1 Design Review Commission. The design review commission is hereby established as the agency authorized to administer that portion of the Design Review Overlay Zone in which any proposed project includes the construction of a new commercial or mixed-use building, or any proposed project that includes the substantial exterior renovation of an existing commercial or mixed-use building. Substantial renovations shall mean to be those renovations, where 50% or more of the total existing exterior materials, are to be replaced, or 70% of the exterior facade materials are to be replaced. The members of the design review commission shall be the members of the planning board.

Design Review Officer. The design review officer is hereby established as the agent authorized to administer all other portions of the Design Review Overlay Zone which are not administered by the design review commission as defined above. The design review officer shall be appointed by the Mayor and serve until his/her successor is named. All decisions made by the design review officer may be appealed to the design review commission in writing.

(Ch. No. 6400, Sec. 1(N), 9-2-97)

12.1-2 Design Guidelines. The design review commission shall prepare and adopt design guidelines for development within this overlay district within six (6) months of the enactment of this ordinance. Said guidelines shall guide applicants in the development of proposals.

12.1-3 Submission of Plans and Proposals. A proposal for development within this overlay district may be made by any applicant by filing with the city planner an application describing the proposal and supporting materials. Applications and supporting materials shall be submitted for review under this subsection prior to the submittal of plans for a building permit. Supporting materials shall include seven (7) sets of each of the following:

12.1-3.1 Site Plan. A site plan is required which shall be prepared by a registered land surveyor or by a registered professional engineer. As appropriate under the requirements established by the State of Rhode Island for each class, and which shall include without limitation the following:

(1) Location of all existing and proposed buildings and structures, including signs;

(2) Location of all existing and proposed site improvements, including utilities;

(3) Location of all existing and proposed points of vehicular and pedestrian access;

(4) Location of all existing and proposed interior access corridors and parking spaces; and

(5) Existing and proposed contour data for the site, at two-foot intervals.

12.1-3.2 Architectural Submittals. Architectural submittals are required which shall include without limitation the following:

(1) Elevations for all sides of any proposed building or structure, including signs;

(2) Exterior lighting plans;

(3) Floor plans for all proposed buildings; and
(4) Samples and/or descriptions of all materials for proposed exterior treatment.

12.1-3.3 Landscape Plans. Landscape plans are required which shall include without limitation the following:

(1) Proposed plantings and other landscape material, shown by type, size and number; and
(2) Provisions for pedestrian circulation; and
(3) Site furnishings.

12.1-4 Pre-Development Conference. Developers shall be encouraged, but are not required, to discuss proposals at the outset with the city planner and the division engineer for suggestions and general guidance.

12.1-5 Evaluation of Proposals. Proposals for development within this overlay district shall be reviewed with respect to the following:

(1) Architectural design;
(2) Landscape design in accordance with the green space requirements set forth below;

(3) Impacts on available utilities and the planning of future improvements;

(4) Off-site traffic impacts;

(5) On-site traffic circulation;

(6) Overall visual quality;

(7) Relationship to surrounding buildings and sites;

(8) Sign design and placement; and

(9) Site layout.

Fees to appear before Overlay District Commissions:

· Appearance before Design Review Commission, two hundred dollars ($200.00).

· Appearance before River Corridor Overlay District Commission, two hundred dollars ($200.00).

· 12.1-6 Green Space Requirement. All developments within this overlay district shall include a minimum of fifty (50) square feet of on-site green space for every parking space required under this ordinance, except that in the case of parcels with unreasonable constraints, the design review commission may alter, reduce or waive the green space requirement. Said green space shall consist of areas that contain grass, ground cover, shrubs, trees, flower beds, or any combination of the above.

· 12.1-6.1 Parking Areas. A minimum of five (5) percent of the green space shall be applied within parking and vehicular circulation areas in the form of landscaped strips or islands that divide parking areas and limit cross-traffic, and shall be evenly dispersed throughout said parking areas to the greatest extent possible.

· 12.1-6.2 Perimeter Buffers. Landscaped buffer areas shall be established along the perimeter of all development sites as follows:

(1) Where any portion of a site is adjacent to any residential use property, a minimum landscaped buffer of ten (10) feet in width shall be established along the lot line which adjoins such residential use property, and said landscaped buffer shall contain plant materials and/or fencing to create a six (6) foot high screen between the properties.

(2) Where any portion of a site is adjacent to any nonresidential use property, a minimum landscaped buffer of five (5) feet in width shall be established along the lot line which adjoins such nonresidential use property, and said landscaped buffer shall contain landscape treatment which is determined by the design review commission to be of an appropriate nature.

(3) Where any portion of a site is adjacent to any street or public right-of-way, a minimum landscaped buffer of four (4) feet in width shall be established along the lot line which adjoins such street or right-of-way and trees of an appropriate size and type shall be located approximately every fifty (50) feet, with exact tree locations to be determined on a site-by-site basis to avoid interfering with underground utilities and/or curb cuts. In the case of any development located along Diamond Hill Road, the type of tree shall be green ash, and tree locations shall be approximately every seventy (70) feet.

12.1-7 Penalties. All plans and designs approved by the design review commission shall be executed as such. Failure to comply with approved plans shall be deemed a violation of this ordinance and of the building permit issued for such development, and shall cause the building official to issue a stop-work order until such time that the violation has been satisfactorily remedied.