§ 12.4

Special Flood Hazard Overlay District

The Special Flood Hazard Overlay District is hereby established to restrict development and use of land, buildings and structures within areas prone to flood damage or destruction. This overlay district shall include all parcels, or portions thereof, delineated as "Areas of Special Flood Hazard," including A Zones and AI-A30

Zones, on the Federal Insurance Administration Map for the City of Woonsocket entitled "Food Insurance Rate Map (FIRM), City of Woonsocket, Rhode Island", and the "Flood Boundary Floodway Map for the City of Woonsocket, Rhode Island", Community--Panel Numbers 445411 0001 through 445411 0004, revised January 6, 1982, and as may be amended. All land, buildings, structures, improvements and facilities within, the Special Flood Hazard Overlay District shall be regulated by both the requirements of the district in which they are located and the requirements of this overlay district. All laws and ordinances concerning land use and control, and any other measures designed to reduce flood losses, shall take precedence over any conflicting law, ordinance or code.

12.4-1 No Encroachments Permitted. All parcels within this overlay district shall be kept free of encroachment in order that the 100-year flood can be carried without an increase of more than one (1) foot, provided that hazardous velocities are not produced. No encroachments, including without limitation, fill, new construction, substantial improvement or other development, shall be permitted which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

12.4-2 Development Permit Required. No development activity shall commence within this overlay district, including without limitation, dredging, filling, grading, paving, excavating, mining and drilling operations, until such time as a development permit has been issued by the building official.

12.4-2.1 Prior Approvals Required. Prior to the issuance of any development permit, the applicant shall submit evidence that all other necessary permits and approvals have been received from relevant local, federal and state agencies.

12.4-2.2 Plans Required. Where any proposed development activity within this overlay district involves five (5) or more lots or one (1) or more acres, the applicant shall provide plans which indicate the minimum and maximum elevations of the proposed site as well as the 100-year base flood elevation. Said plans shall be incorporated in the application for a development permit.

12.4-3 Alteration of Watercourses. No watercourse may be altered or relocated in any manner which will, in the opinion of the building official, result in any decrease in the flood carrying capacity of the watercourse. Where any alteration or relocation is permitted, the zoning officer shall notify adjacent communities, the Rhode Island statewide planning program, and the federal insurance administration prior to said alteration or relocation.

12.4-4 Standards for Variances. Where strict application of the requirements of this ordinance would create an extreme hardship, the zoning board of review shall have the power to authorize variances for development within this overlay district according to the provisions set forth below:

12.4-4.1 Variances shall only be issued upon:

(1) A determination that the variance is the minimum necessary to afford relief;

(2) A showing of good and sufficient cause;

(3) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

12.4-4.2 The zoning board of review shall:

(1) Maintain a record of all actions, including justification for the issuance of any variance; and

(2) Report all variances issued in the city's annual report submitted to the Federal Insurance Administration.

12.5 Downtown Overlay District.

The Downtown Overlay District is hereby established to confer additional options for development and land use in the Main Street area, with the boundaries of the Downtown Overlay District as defined in Section 2.1-6.6. The overlay district is intended to allow additional permitted uses that encourage further growth and concentration of art, cultural and entertainment attractions in the Main Street area; promote the temporary use of vacant and underutilized properties; and encourage a walkable, vibrant environment. With the exception of live/work units, residential users are prohibited in any street level or below units in the Downtown Overlay District. Properties in the R-1, R-2, R-3, and R-4 Residential Districts are exempt from the aforementioned prohibition. All land, buildings, structures, improvements and facilities within the Downtown District shall be regulated by both the requirements of the district in which they are located and the requirements of this overlay district. Where the requirements of this overlay district are greater or more restrictive than the requirements of the underlying district, or where conflicts exist between this overlay district and the underlying district, the requirements of this overlay district shall prevail. (map)

(Ch. 7857, 12-07-2015; Ch. 8454, 2-19-2024)

12.5-1 Permitted Uses. In addition to uses allowed in the underlying zoning districts, additional permitted uses are allowed within the Downtown District as provided as follows.

(1) Outdoor café seating is permitted outside of a principal restaurant, café or other eating and/or drinking establishment provided it complies with the following regulations:
(a) Outdoor café seating shall be located on the same lot as or adjacent to the principal restaurant or café use provided the appropriate City permits and/or licenses have been obtained.
(b) When outdoor café seating is located on a sidewalk adjoining the principal restaurant or café use, there shall be a minimum four (4) feet wide unobstructed passageway for pedestrians on the sidewalk.
(c) When outdoor café seating is located on a sidewalk adjoining the principal restaurant or café use, outdoor seats, tables and related furnishings shall be removable.
(d) No outdoor café seating shall encroach upon any part of the sidewalk frontage of any adjacent property or alley.
(e) Outdoor café seating shall comply with all applicable building, health, safety, fire and environmental standards.
(f) Outdoor café seating will only be permitted during April 1 to November 1 of the calendar year.
(2) Live/work unit. If the unit is located on the ground floor fronting the street, the residential area shall be in the back of the unit.
(3) Artist studio or gallery
(4) Hotel or Motel as defined in Section 18.1 Definitions limited to C-1, MU-1 and MU-2 zones
(5) Non-profit educational institutions serving older children and adults, including high schools, vocational schools, colleges and universities limited to C-1, MU-1 and MU-2 zones
(6) Bed and Breakfast Inn as defined in Section 18.1 Definitions limited to C-1, MU-1 and MU-2 zones
(7) Tavern, bar, lounge, pub or other establishment where alcoholic beverages are sold under the authority of a Brewpub/Manufacturing (BM) BL, BV or C license limited to C-1, MU-1 and MU-2 zones
(8) Night club or similar establishment where entertainment is provided limited to C-1, MU-1 and MU-2 zones
(9) Cinema, theater or cultural arts center limited to C-1, MU-1 and MU-2 zones
(10) Micro-lofts, Micro-apartments and/or Studios: A small self-contained one-bedroom residential living unit of at least three hundred twenty-five (325) square feet and of no more than five hundred and fifty (550) square feet located in any building level above the street level. Micro-lofts, Micro-apartments or Studios shall include space with a living unit for sleeping and/or sitting, a kitchenette, limited storage space, and a bathroom. Mirco-lofts. Micro-apartments or Studios shall not exceed one bedroom or sleeping area. Micro-lofts, Micro-apartments

or Studios are allowed only in upper level stories, not street levels of existing properties (i.e. they are not allowed in newly constructed properties) within the City's Downtown Overlay District For avoidance of doubt, Micro-lofts, Micro-apartments and/or Studios are not permitted in any other areas or zoning districts within the city other than the City's Downtown Overlay District, nor are the allowed in any newly constructed buildings/structures or in any street level or below area of existing buildings.

4.1. Minimum & Maximum Requirements:

a.) Lot area: Minimum required lot area shall be four thousand (4,000) square feet for the first unit and one thousand five hundred (l,500) square feet for each additional unit to a maximum of twenty-five (25) units.

b.) Commercial, non-residential units on the first level shall be restricted in size only by the building dimensions and shall not be counted in the number of allowable units. Residential units on the first level, if permitted, shall count towards the calculation of total allowable units as prescribed in Section 4.1a above. No residential units shall be allowed in the basement or below street level. (Ch. 8046, Sec. 1, 6-7-2018)

12.5-2 Interim Uses. An interim use is a temporary or transitional development, installation, or activity established on underutilized and/or vacant property for a predetermined period. Interim uses are permitted in the Downtown District Overlay and limited to C-1, MU-1 and MU-2 zones, provided they comply with this Section 12.5-2.

(1) An interim use shall be permitted for a period of up to six (6) months. The six (6) month time period may be extended through the granting of a Special Use Permit. An interim use that occurs on a property on an annual basis or other regular period basis exceeding the allowable time periods shall be treated as a special use and shall only be permitted through the granting of a Special Use Permit.
(2) Interim uses shall achieve all of the following requirements in order to be permitted:
(a) Interim uses shall provide public amenities, public access or promote economic development.
(b) Interim uses shall encourage pedestrian activity with visual and/or physical access provided from the adjacent street edge.
(c) Interim uses shall encourage street-level activity through commercial enterprise, streetscape enhancement, public art and/or public access.
(3) Applications for interim uses shall be reviewed and approved by the City Planner or designee. Applications shall include the following:
(a) Applicant’s name, address and phone number
(b) Property owner’s name, address and phone number
(c) Written consent of the owner of the property to establish the proposed interim use
(d) Location of property
(e) Current use of property
(f) Description of proposed interim use
(g) Length of time request for proposed interim use
(h) Illustrations, sketches or drawings of sufficient size and clarity to show without further explanation the size and location of the property; location of the adjacent street; location and size of all existing structures on the site; and location of any temporary structures to be installed as part of the interim use
(i) Photos of the property and adjacent properties
(j) Any additional information requested by the City Planner that is considered necessary to adequately review and approve an application
(4) The following interim uses are permitted on underutilized and/or vacant property, provided they comply with this Section 12.5-2:
(a) Food trucks
(b) Pop-up retail
(c) Art and cultural installations
(d) Farmers’ market
(e) Theater, music or artistic performances
(5) Separate licenses, permits, fees and approvals may be required by City or State agencies. Applicants shall be responsible for complying with all such requirements.”

(Ch. 7857, 12-07-2015; Ch. 8454, 2-19-2024)

12.5-3 Signage

12.5-3.1 The requirement for City Council approval of Projecting Signage subject to Section 6.1-5.10 is waived for properties in the Downtown Overlay District.

(Ch. 8483, 3-18-2024)

12.5-4 Yards and Open Space Requirements

12.5-4.1 Front Setbacks. All buildings in the Downtown Overlay District shall be set back a minimum of zero (0) feet from the street right-of-way line on which they front.

12.5-4.2 Side Setbacks. All buildings in the Downtown Overlay District shall be set back a minimum of five (5) feet from each side lot line. If a building is being redeveloped, the new building may conform to the lot lines of the building that it replaces.

12.5-4.3 Rear Setbacks. All buildings in the Downtown Overlay District shall be setback a minimum of twenty-five (25) feet from the rear lot line. If a building is being redeveloped, the new building may conform to the lot lines of the building that it replaces.

(Ch. 8485, 3-18-2024)

12.6 Live/Work Units

12.6-1 Live/Work units are permitted in all commercial and manufacturing zones, or in specific properties in residential zones approved by the city council by resolution.

12.6-2 Any commercial use permitted in the zoning district applicable to the property is permitted in the live/work unit. In residentially zones properties approved by city council resolution, commercial and industrial uses are permitted such as artistic, creation, development and small-scale manufacturing is allowed together with associates retail and volume sales.

12.6-3 Live/Work units at street level are prohibited where single-purpose residential structures are otherwise prohibited. In commercial and industrial zones any portion of a residential unit is permitted only on the upper stories.

12.6-4 Where permitted, live/work units located at street level are subject to the development standards for ground-floor retail or commercial establishments as follows; and to any additional standards for ground-floor commercial establishments provided in the zoning ordinance.

12.6-4 (a) A minimum of eighty percent (80%) of a structure’s street front façade at street level shall be occupied by nonresidential uses.

12.6-4 (b) In districts where live/work units are permitted at street level, parking for live/work units on neighborhood commercial streets and in mixed-use zones is prohibited in front of the building.

12.6-4 (c) Live/work units that exceed two thousand square feet (2,000 sq. ft.) must have at least two (2) means of egress.

12.6-4 (d) Within each live/work unit, the living area shall not exceed fifty percent (50%) of the total floor area of the unit.

12.6-4 (e) Where the owner occupies the property in one of the live/work units, the remainder of the property may be designated and used solely as work units with city council preapproval.

12.6-4 (f) No signage shall be allowed other that numbering required to address identification.

12.6-5 Business License Required: At least one resident in each live/work unit shall maintain a valid business license for a business on the premises, if required.

12.6-6. Parking: For live/work units of fewer than twenty-five hundred square feet (2,500 sq. ft.), one (1) parking space is required for each unit. For live/work units greater than 2,500 square feet, required parking will be based on the applicable parking standards for the nonresidential use or the closest similar use as determined by the zoning official.

(Ch. 8133, 10-7-2019)

12.7 Historic Structures Overlay District

Established to regulate the development and use of land, buildings, improvements and facilities associated with historic building. structures and sites to allow additional permitted uses that encourage the preservation and redevelopment of historic structures in the City of Woonsocket: and further relaxes uses and dimensional restrictions which are deemed as impediments to successful and reasonable redevelopment and preservation and to further permit the flexible development of surplus properties owned or formerly owned by municipal, state or federal governments or their instrumentalities in order to:

1.) encourage harmonious. efficient and convenient living environments and communities:

2.) 1 increase housing opportunities and economic development prospects by increasing the variety of residential. commercial or industrial types, density and design

3.) facilitate the economical and efficient provision of necessary community services. Recreation and open space:

4.) preserve features and sites of natural. ecological and historical interest:

5.) encourage innovative design: and

6.) promote the health, safety and welfare of the residents of Woonsocket.

12.7-1 Imposition of a Historic Structures Floating Overlay District. The Historic Structures Floating Overlay District shall be imposed. or amended. by resolution of the city council for structure(s) and/or land meeting the following criteria:

• was built prior to 1950

• was built specifically as a building to be used by the municipal, state, or federal governments, or instrumentalities thereof, and

• which have been declared surplus property by such governmental entity and offered for sale and development by a private developer

12.7-2 Eligibility. In declaring a property to be eligible for placement within a Historic Structures Floating Overlay District. the city council shall consider the following:

1. Compliance with the goals and objectives of the comprehensive plan:
2. Estimated amount of taxes and/or other revenue to be provided to the city

(2.1) Extent of services and facilities to be required b the development and capacity of the municipality or state to provide the same:

(2.2) Preservation of historic property and/or features of unique natural, ecological, or historical interest:

3. Quality of design proposed b, the prospective developer;
4. Diversification of housing choices or economic development opportunities:
5. Benefits to the surrounding neighborhood;
6. The demonstrated capacity of the proposed developer to affect the project as presented and approved;
7. The opinion of the planning board. if expressed prior to declaration of HSFOD status

12.7-3 Overlay District Boundaries. The boundaries of any Historic Structures Floating Overlay District shall include am and all property structures and features designated by the city council by resolution including and/or any modifications, combinations or divisions of those lots which may transpire in the future.

12.7-4 Historic Structures Floating Overlay District. The Historic Structures Floating Overlay District is hereby established to confer additional options for development and land use in am declared such district. All land. buildings. structures. improvements and facilities within the Historic Structures Floating. Overlay District shall be regulated by both the requirements of the district in which the\ are located and the requirements of this overlay district. Where the requirements of this overlay district are greater or more/less restrictive than the requirements of the underlying district. or where conflicts exist between this overlay district and the underlying district. the requirements of this overlay, district shall prevail.

12.7-5 Approval of Redevelopment Plan for Development of Properties within a Historic Structures Floating Overlay District

(Ch. 8133, 10-7-2019)