The Town is hereby divided into zoning districts of such number
and character to achieve compatibility of uses within each district
and to carry out the purposes of this Ordinance and to implement the
Town of Charlestown Comprehensive Plan 1991. Zoning districts are
depicted by type and location on the official zoning map. For the
purposes of this Ordinance, The Town of Charlestown is hereby divided
into the following zoning districts:
F.
Principles of Standard Zoning Districts. The following are the general
principles upon which the standard zoning districts are based. These
principles are intended to be consistent with and implement the Future
Land Use Map and Element of the Town of Charlestown Comprehensive
Plan 1991 and any amendments as may be adopted from time to time.
Any modification of uses allowed within a zoning district shall be
consistent with the principles set forth below, pertinent sections
of the Comprehensive Plan and the RI CRMC SAM Plan, as may be amended
from time to time.
(1)
Residential Districts. These are districts whose primary use is residential. To foster long term environmental sustainability, to maintain the rural character of the Town, to protect residents from excess odors, smoke, gases, dust, noise, vibrations, to reduce the danger of fire or explosion, to eliminate nuisances and incompatible uses, to avoid excess lighting and glare, to provide privacy and safe public highways, to maintain water quality and septic sustainability and to protect the general health, safety and welfare of the Town, § 218-36, Land Use Table, limits where residential uses may be established in nonresidential districts.
(a)
Residence: R-20. This zoning district is intended primarily
for areas of existing platted, high density, single family residential
development. This district is intended to be consistent with the RI
CRMC SAM Plan land use classification for water quality protection
category of "Lands Already Developed Beyond Carrying Capacity." It
is further intended to implement the "high density residential" proposed
future land use category of the Town of Charlestown Comprehensive
Plan 1991. The district minimum lot size is 20,000 square feet.
(b)
Residence: R-40. This zoning district is intended primarily
for areas of existing, high density single family residential development
distributed throughout the Town and existing village areas. This district
is also intended to be consistent with the RI CRMC SAM Plan land use
classification for water quality protection category of "Lands Already
Developed Beyond Carrying Capacity." It is further intended to implement
the "medium density residential" proposed future land use category
of the Town of Charlestown Comprehensive Plan 1991. The district minimum
lot size is 40,000 square feet.
(c)
Residence: R-2A. This zoning district is intended primarily
for areas of low density residential development. It is intended to
protect areas of Town with sensitive environmental characteristics.
The groundwater recharge areas for the salt ponds are included within
this category. This district is intended to be consistent with the
RI CRMC SAM Plan land use classification for water quality protection
category of "Lands of Critical Concern." It is further intended to
implement the "low density residential" proposed future land use category
of the Town of Charlestown Comprehensive Plan 1991. The minimum lot
size is 2 acres.
(d)
Residence: R-3A. This zoning district is intended primarily
for areas of low density residential development. It is intended to
protect areas of Town with sensitive environmental characteristics.
The groundwater recharge areas for several groundwater aquifers and
the salt ponds are included within this category. This district is
intended to be consistent with the RI CRMC SAM Plan land use classification
for water quality protection categories of "Lands of Critical Concern"
and those "Self-sustaining Lands" north of Route One. It is further
intended to implement the "low density residential" future land use
category of the Town of Charlestown Comprehensive Plan 1991. The minimum
lot size is 3 acres.
(2)
Commercial Districts: These are districts whose primary uses are
nonresidential and are uses which must be segregated from residential
uses because of fire hazards, traffic generation, noise, odors, frequent
deliveries, and lighting. Residential uses are prohibited except where
allowed by special use permit based upon health and safety reasons
necessary to protect the overall health, safety, and general welfare
of the Town. These are districts which are intended to provide uses
that are to scale and character abutting roadways and adjacent land
uses. The commercial districts described herein are intended to promote
tourist and visitor facilities and necessary services for town residents
while providing a sensitive transition between those uses and neighboring
residential uses.
(a)
Commercial 1: C-1. This district is within or abuts village
areas and neighboring areas that are predominately residential in
character. It is intended to accommodate small convenience type groceries,
shopping, offices, and frequently used local services with minimal
impact on neighboring residential areas. It is further intended to
implement the "Commercial 1" proposed future land use category of
the Town of Charlestown Comprehensive Plan 1991. New development shall
match the scale, density, and form of the existing area or neighborhood.
Large commercial enterprises that supply high volume sales or drive-through
businesses are not compatible with this district due to local vehicular
and pedestrian traffic. The minimum lot size is 20,000 square feet.
(b)
Commercial 2: C-2. This district is intended to concentrate
larger retail and service businesses serving the needs of regions
of the Town. It is intended to prevent an unsafe mixture of commercial
uses and eliminate potential impacts on residential uses. It is further
intended to implement the "Commercial 2" proposed future land use
category of the Town of Charlestown Comprehensive Plan 1991. It is
intended for various retail, office, and service businesses that generate
higher volumes of vehicular traffic and dependent upon frequent deliveries
and, therefore, need access to major roads to accomplish minimal impacts
on residential areas. The minimum lot size is 20,000 square feet.
(c)
Commercial 3: C-3. This district is intended only for areas
abutting the highway known as "US Route 1." These areas are intended
to be primarily vehicle oriented because of their location on a major
highway. The intent of the district is to provide multiple retail,
office, and service businesses that serve large volumes of traffic
conveniently. It is further intended to implement the "Commercial
3" proposed future land use category of the Town of Charlestown Comprehensive
Plan 1991. The intent of this district is to regulate existing and
new traffic flow to prevent further traffic problems from occurring
while allowing business development in the Town without impact to
surrounding properties. It is also intended to serve regional, community,
and local needs while respecting adjacent residential neighborhoods
and other established commercial areas. The minimum lot size is 40,000
square feet.
(3)
Other Standard Districts:
(a)
Planned Development District: PDD. This district is proposed
for only two areas of town. One is a parcel of land west of Route
112 and abutting the Pawcatuck River and the other is a portion of
land located between Route 1 and Route 1A, Old Post Road. The district
is intended to protect environmentally sensitive areas, groundwater
recharge and aquifers and regulate open space, density and aesthetics.
The RI CRMC SAM Plan land use classification for water quality protection
category of "Undeveloped Lands Zoned for High Density Development"
is included in this district for the land south of Route 1. The purposes
of the district are to allow for a flexible mixture of uses and amenities
with performance standards while allowing the Town site plan review
in the planning of a large parcel. It is further intended to implement
the "planned development" proposed future land use category of the
Town of Charlestown Comprehensive Plan 1991.
(b)
Industrial: I. This district is intended to preserve and allow
industrial uses which must be segregated for health and safety purposes.
Manufacturing, warehousing, research and development offices are uses
permitted with site development standards while minimizing disturbances
to residential areas. It is further intended to implement the "industrial"
proposed future land use category of the Town of Charlestown Comprehensive
Plan 1991. The minimum lot size is 80,000 square feet.
(c)
Open Space/Recreation: OSR. This is intended for areas in use
as open space, conservation, and recreation. This district contains
lands owned by public and nonprofit agencies and its purpose is to
allow a variety of uses compatible with conservation recreation areas,
such as agriculture, conservation, recreation camps, and wildlife
reserves. It is further intended to implement the "open space/recreation/conservation"
proposed future land use category of the Town of Charlestown Comprehensive
Plan 1991.
(d)
Municipal: M. This district is intended for Town owned parcels
to allow uses to accommodate the functions and needs of the Town.
It is further intended to implement the "municipal" proposed future
land use category of the Town of Charlestown Comprehensive Plan 1991.
(e)
Traditional Village District (TVD). This district is to encourage
small-scale business and residential uses consistent with the historic
and pedestrian-scale characteristics that exist and which are unique
to Charlestown village, to preserve the Town's heritage, to strengthen
the local economy, to continue small town character and aesthetics
and to promote the general welfare of the Town. The TVD regulations
set forth herein are consistent with and further implement the Town
of Charlestown Comprehensive Plan, dated 1991, and any amendments
thereto.
G.
Overlay Districts. These districts include additional development
criteria based upon unique characteristics or environmental features
of an area. Along with the regulations of the underlying zoning district,
uses permitted by right or by special use permit shall be subject
to the regulations of the overlay districts. These overlay districts
are as intended by the recommendations of the Town of Charlestown
Comprehensive Plan 1991.
H.
Narragansett Indian Tribe Settlement Lands. This area is those lands
within the Town of Charlestown which were acquired by the Narragansett
Indian Tribe as Private and Public Settlements Lands under the provisions
of the Rhode Island Indian Claims Settlement Act, 25 U.S.C. § 1701,
et seq., and are held in trust by the United States of America for
the Narragansett Indian Tribe, a federally recognized Indian Tribe.
Other tribal land of the Narragansett Indian Tribe located within
the Town of Charlestown, are not "Settlement Lands" as noted above.
I.
Planned Development Authorized. This Ordinance permits the creation
of land development projects in which one or more lots are to be developed
including, but not limited to, a planned development district and
residential cluster subdivisions as provided for in following Sections
of this Ordinance. The Planning Commission is empowered to apply such
special conditions and stipulations to an application for such development
as may, be required to maintain harmony with neighboring uses, mitigate
potential impacts and promote the purposes of this Ordinance and the
adopted Comprehensive Plan.
When uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Maps, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of a highway, street, utility easements, railroad easements, watercourse
or body of water shall be construed to be the middle thereof, or such
boundaries indicated as approximately following town limits shall
be construed as following such town limits.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines. (The actual lot line
is that line defined in the land evidence records; Assessor's Plat
and Lot designation are to identify the lot and its general relationship
to other lots. Lot lines on Assessor's Plats generally show the locus
of the lot and do not represent nor are intended to reflect precisely
legal descriptions for the lots shown.)
C.
Boundaries indicated as following shorelines shall be construed to
follow such shorelines of rivers, lakes and ponds, or of the ocean,
shall be construed to follow such shoreline(s) at the edge of the
body of water. In the case of tidal waters, the line of mean high
water shall be the shoreline and otherwise if there is a change in
the shoreline, the boundary shall be construed as moving with the
actual shoreline.
D.
Boundaries indicated as parallel to or extensions of features indicated
in the above subsections shall be so construed. Distances not specifically
indicated on the Official Zoning Maps shall be determined by the scale
of the map.
E.
Where physical or cultural features existing on the ground are at
variance with these shown on the Official Map, or in other circumstances,
not covered by the above subsections, the Building Inspector shall
interpret the district boundaries.
F.
Boundaries of a defined depth zone shall be that line, all points
of which are the distance of the defined depth distant from and perpendicular
to a line at its point of tangency with the edge of the right of way
or public roadway on which the lot fronts. At the end of the defined
depth zone, the defined depth zone shall terminate at the lot side
line and/or at the straight line extension of the lot side line, of
the next adjacent lot, which lot is not in the defined depth zone.
In the event the defined depth zone extends to a right of way or public
roadway which intersects the road on which the lot fronts, (i.e. a
corner lot) the zone shall terminate at the edge of the right of way
or public roadway.
G.
Whenever this Ordinance requires consideration of distances, parking
spaces, unit density, or other aspects of development or the physical
environment expressed in numerical quantities which are fractions
of whole numbers, such numbers are to be rounded to the next lowest
whole number.
H.
Where conflicts occur between the regulations of this Ordinance and
other regulations effective within the Town, the more restrictive
of the regulations shall apply.
I.
When there is a question regarding the interpretation of the provisions
of this Ordinance, the Building Inspector shall interpret the intent
of this Ordinance by a written decision issued in a zoning certificate.
The interpretation shall become the standard interpretation for future
application of that provision.
A.
Generally. District use regulations are specified in § 218-36, Land Use Table. Any municipal use by the Town of Charlestown shall be permitted in all districts. Except as otherwise provided in this Ordinance, no building, structure, or land shall be used or occupied in the zoning districts indicated except for the purposes permitted in this Section.
(1)
A use listed in any district by the letter "Y" is a use permitted
by right, provided that all other requirements of federal and state
law and this Ordinance have been met.
(2)
A use listed in any district by the letter "S" is a use that may
be permitted by special use permit. Uses permitted by special use
permit shall be subject, in addition, to use regulations contained
in this Section, to all performance standards and other regulations
as specified in other articles herein and all applicable federal and
state laws.
(3)
A use listed in any district without a letter or a blank space is
not permitted.
(4)
A use listed in any overlay district by the letter "U" is determined
allowable by consulting the underlying zoning district permitted uses.
(5)
The laws of the State regarding wetlands, water supply and waste
disposal shall be adhered to. No zoning approval shall be issued until
approval is obtained from the Rhode Island Department of Environmental
Management for sewage disposal where applicable.
(6)
Although a use may be indicated as permitted or a special use permit
in a particular district, it does not follow that such a use is permitted
or permissible on every parcel in such district. No use is permitted
or permissible on a parcel unless it can be located thereon in full
compliance with all of the performance standards and other regulations
of this Ordinance and all applicable federal and state laws applicable
to the specific use and parcel in question.
B.
Interpretations. The Building Inspector shall render an interpretation
of any provision of this Ordinance, including interpretation of any
use not expressly mentioned. A request for an interpretation shall
be submitted in writing and be subject to the provisions of a zoning
certificate. Appeals on interpretations may be taken to the Board
as provided for in this Ordinance. The following conditions shall
govern the Building Inspector, and the Board on appeals, in issuing
interpretations:
(1)
No interpretation shall allow the establishment of any use which
was previously considered and rejected.
(2)
No interpretation shall permit any use in any district unless evidence
is presented which demonstrates that it will comply with each limitation
established for the particular use and district.
(3)
No interpretation shall permit any use in a particular district unless
such use is substantially similar to other uses permitted in such
district.
(4)
If the proposed use is more similar to a use permitted only as a
special use permit in the district in which it is proposed to be located,
then an interpretation permitting such use shall be conditioned on
the issuance of a special use permit.
(5)
Any use permitted pursuant to this Section shall fully comply with
all requirements and standards imposed by this Ordinance.
[1]
Editor's Note: The Land Use Table is included as an attachment to this chapter.
A.
Temporary Uses. The following temporary uses are permitted subject
to the following specific regulations and standards, in addition to
any other requirements specified by this Ordinance.
(1)
Carnival/Circus/Public events. A carnival/circus/public event may
be permitted subject to all other applicable federal, state and local
laws.
(2)
Contractor's/Real Estate Office. A contractor's/real estate office
may be permitted in any district on site where such use is incidental
to a construction or new subdivision project. The office shall not
contain sleeping or cooking accommodations.
(3)
Temporary Shelter. When fire or natural disaster has rendered a single-family
residential unit unfit for human habitation, the temporary use of
a mobile home located on the single-family lot during rehabilitation
of the original residence or construction of a new residence is permitted
subject to the following additional standards:
(a)
Required water and sanitary facilities must be provided.
(b)
Maximum length of permit shall be six months, but the Building
Inspector may extend the permit not to exceed another three months
in the event of circumstances beyond the control of the owner.
(c)
The mobile home shall be removed from the property upon the
issuance of any occupancy permit for the new and rehabilitated residence.
B.
Accessory Uses. This section is intended to regulate the type, location,
configuration, and conduct of accessory land uses to ensure that accessory
uses are not physically or aesthetically harmful to residents of surrounding
areas.
(1)
General Standards and Requirements. Any number of different accessory
structures may be located on a parcel, provided the following requirements
are met;
(a)
There shall be an authorized principle use on the parcel, in
compliance with all the requirements of this Ordinance except for
agricultural structures on agricultural land where the agricultural
land is enrolled in the Rhode Island Farm, Forest, and Open Space
Program.
(b)
All accessory structures shall comply with standards pertaining
to the principal use, unless exempted or superseded elsewhere in this
Ordinance.
(c)
Accessory structures for residential uses are to be used only for
parking of vehicles and/or as unfinished storage areas, with the following
exception:
[Added 2-14-2011 by Ord. No. 328[1]]
[1]
A finished area for habitable purposes is allowed, not to exceed
300 SF of floor area per property. Plumbing permitted in this area
is limited to a half bath (i.e. toilet and sink only). Compliance
with DEM regulations for onsite wastewater treatment systems (OWTS)
is required. Use of any habitable area as a bedroom or for sleeping
purposes is prohibited.
[2]
Prior to the issuance of a building permit, the owner of the principal
residence shall sign and record in the Charlestown Land Evidence Records
an affidavit stating the total square footage of the accessory structure,
and the total square footage of habitable area and its intended use
(recreation, studio, workshop, etc.).
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(1)(c) through (h) as Subsection B(1)(d) through (i), respectively.
(d)
Accessory structures shall not be located in the front yard
setback requirement, in a required buffer, a required landscape area,
or other minimum building setback area. A permitted residential accessory
structure may be placed in a side or rear yard area, but no closer
than ten feet to a lot line.
(e)
Accessory structures shall be included in all calculations of
lot coverage, impervious surface, stormwater runoff, and any other
site design requirements applicable to the principal use of the lot.
(f)
No accessory structure shall be used for the storage of hazardous,
incendiary, or noxious materials.
(g)
Motor vehicles, mobile homes, trailers or recreational vehicles
shall not be used as accessory storage buildings, utility buildings,
or other like uses.
(h)
Gasoline stations can not be considered an accessory use.
(i)
In a residential district, any accessory building shall not
exceed more than 25 feet in height unless said accessory building
is used for agricultural operations and then shall not exceed 30 feet
in height.
C.
Agricultural Operations.
(1)
Purpose. The purpose of this Section is to encourage farming and
agricultural operations in the Town that follow established best management
practices as published by the Rhode Island Department of Environmental
Management, Division of Agriculture and the United States Department
of Agriculture, Natural Resource Conservation Service. It is also
to encourage farming and agricultural operations in addition to principle
agricultural activities conducted on the site and the retail sales
of certain farm and farm-related products. No agricultural operation
shall operate in a manner that causes harmful effects upon abutting
property including, but not limited to:
(2)
General. Retail sales activities listed below are permitted by right on any agricultural land as defined in ARTICLE I § 218-5B, Terms defined. These retail sales shall be permitted in addition to retail sales of farm products normally associated with agricultural operations. Where circumstances unique to a peculiar site in question, relief from any requirement of this Section shall be available by Special Use Permit.
(a)
Sale of vegetative products not raised on the premises.
(b)
Sale of compost or manure produced on the premises only.
(c)
Sale of mulch composed of vegetative origin, such as bark mulch.
No more than one hundred fifty cubic yards of mulch not produced on
the farm itself may be stock piled on the premises at any one time.
Sale of mulch composed of earth products such as stone, sand, or loam
is prohibited.
(d)
Retail sales of farm-related products.
(3)
Sale of Vegetative Products Not Raised On The Premises. Upon any
agricultural land, the sale of vegetative farm products not raised
on the premises shall be permitted, in addition to sale of any farm
products raised or produced upon the premises itself. This is to allow
vegetative farm products grown, produced, or raised off premises to
be sold upon any farm anywhere in Town. Such products may also be
sold within a farm retail sales building or farmstand, as defined
herein.
(4)
Farm Retail Sales Building.
(a)
Retail sales may be conducted upon a farm as follows:
(b)
A barn, garage, or a greenhouse shall not be considered to be a farm retail sales building if no retail sales are conducted anywhere within the building and if such buildings are not open to the public. Storage areas within any farm retail sales building not open to the public shall not be counted toward the one thousand two hundred square foot maximum floor area per farm, provided that all such areas are permanently marked and identified as such. If any portion of a Farm Retail Building is open to and accessible by the public, it shall be counted toward the one thousand two hundred square foot maximum area. In addition to the sales listed above in Subsection (2), the following types of retail sales of food and food products are permitted within a Farm Retail Sales building (indoor sales only):
[1]
Prepared food items such as baked goods, canned goods, preserves,
herbs, and the like may be sold, provided all food preparation and
cooking is conducted upon the farm and within a kitchen licensed by
the State.
[2]
Fresh or frozen meats, prepared or smoked meats, poultry or
other perishable foods raised or produced on the premises may be sold,
but the sale of freshly cooked meats or poultry is specifically prohibited.
[3]
All food shall be prepared and packaged upon the premises.
[4]
No food sold to the public shall be consumed by the public on
the premises.
[5]
Farm-related products may be sold, provided that such area reserved
for such sales does not exceed twenty-five percent of the total floor
area of the farm retail sales building.
(5)
Farmstand. A farmstand is a freestanding accessory structure or farm
vehicle which does not exceed two hundred square feet in total floor
area and twelve feet in height and is used only for the sale of seasonable
farm products, the major portion of which are grown or produced on
the premises. Farmstands may be structures or may be farm wagons or
trailers. There shall be no space available to patrons inside the
farmstand. Farmstands may, however, provide a front counter security
shutter that lifts to form a canopy roof when open for business, shields
patrons at the counter from rain and sun. No electrical service shall
be provided to any farmstand structure. Motorized vehicles may be
provided with batteries as required for normal operation of a motor
vehicle, but such electrical service shall not be used for signs,
outdoor lighting, or refrigeration.
(6)
Location. Farmstands and Farm Retail Sales Buildings are permitted only upon the premises of a farm with agricultural operations using best management practices as described in Subsection (1) above. Farm retail sales buildings shall meet the minimum yard setback requirements for the zoning district in which the building is located. Farm stands shall not be subject to minimum yard setbacks, but in all cases shall be setback from the edge of a public or private right-of-way a minimum of twenty feet.
(7)
A farm supply Dealer shall be a permitted use, in addition to any
other permitted agricultural use, on any lot of land actively devoted
to agricultural or horticultural use in any residential zone provided
that such lot of land meets the definition of Farm Land as set forth
in the "Rules and Regulations for Implementation of the Farm, Forest,
and Open Space Act, Effective October 2, 1980" (or as amended) of
the State of Rhode Island Department of Environmental Management,
and provided that:
(8)
Off-street Parking and Loading. A farm retail sales building shall
provide off-street parking for one space for every one hundred square
feet of floor area devoted to sales with a minimum of five spaces
provided. Farmstands shall provide a minimum of two off-street parking
spaces. All such parking areas shall be set back at least ten feet
from the edge of a public or private right-of-way and shall be physically
restricted or channeled on the lot to define a readily recognizable
driveway. There shall be no parking directly on a road shoulder at
any time. There are no off-street loading requirements for farm retail
sales buildings or farm stands.
(9)
Dwelling Units Allowed.
(a)
Any lot of land actively devoted to agricultural or horticultural
use in any residential zone shall be permitted to have one accessory
dwelling unit in addition to the principal dwelling unit, provided
that:
[1]
The lot of land constitutes a "farm unit," meaning land owned
by the farmer, including woodland and wetlands, at least five acres
of which are actively devoted to agricultural or horticultural use
and which have produced an annual gross income from the sale of its
farm products of at least $2,500 in each of the prior four years;
and
[2]
The lot of land is not less than 15 acres in area.
[3]
Any accessory dwelling unit proposed for a lot of land meeting
the above criteria shall be established in compliance with locally
adopted building codes, either in the existing dwelling unit, an existing
accessory building or in a new structure elsewhere on the lot of land.
Any new accessory dwelling unit, in accordance with this Section,
shall conform to all setback requirements for the principal structure
for the zone in which it is located.
[4]
The property owner must provide evidence to the Building/Zoning
Official that the lot of land meets the criteria set forth in this
Section before a building permit for the accessory dwelling unit is
issued.
D.
Utilities.
(1)
Generally. All public and semipublic utilities shall conform to the provision of this Section. Applicable utilities include, but are not limited to, public utility buildings or structures, distribution centers, electric substations, water and/or sewer pumping stations, sewer treatment plants, water towers and standpipes, and the like. Such utilities shall be enclosed or screened according the provision of § 218-74, Landscaping. All utilities shall provide a landscaped fifty foot buffer strip along all lot lines, and shall comply with the general development standards of ARTICLE XIII Development Standards.
(2)
Telecommunication Towers/Poles.
[Amended 4-7-2011 by Ord. No. 336]
(a)
Purpose. The purpose of this section is to provide guidelines
for the siting of towers and antennas that are consistent with the
rural character and land uses of the town. The goals of this section
are to:
[1]
Establish locations of towers and minimize the total number
of towers throughout the community, while providing seamless coverage;
[2]
Maximize location of antennas on existing structures, and require
the joint use (co-location) of new and existing towers in order to
minimize or mitigate any adverse impact on the Town;
[3]
Facilitate the use of public/municipal property and structures
for the siting of towers and antennas;
[4]
Address public safety concerns associated with the siting of
wireless communications facilities, including towers, antennas and
related facilities, equipment and structures;
[5]
Provide for the design and siting of wireless communications
facilities so as to minimize their visual impact on neighboring properties
and on the character of the town.
(b)
Applicability
[1]
New Towers and Facilities. The requirements set forth in this
section shall govern the location of all new telecommunication facilities
and related equipment, including television and radio transmission
towers. Except as provided herein, the general height limitations
of the Zoning Ordinance otherwise applicable to buildings and structures
shall not apply to towers and antennas.
[2]
Amateur Radio Antennas. This section shall not govern any tower,
or the installation of any antenna, that is under seventy (70) feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive only antennas.
[3]
Pre-existing Tower and Antennas. Any tower or antenna for which
a building permit has been properly issued prior to the effective
date of this zoning amendment shall not be required to meet the requirements
of this Section. However, any proposed extension beyond twenty (20)
feet in the height of an existing facility, replacement of a facility,
or installation of an additional antenna to a facility shall be subject
to the requirements of this section.
(c)
ANTENNA
CAMOUFLAGED
CARRIER
CO-LOCATION
EQUIPMENT SHELTER
LATTICE TOWER
MONOPOLE
TELECOMMUNICATIONS TOWER
WIRELESS COMMUNICATIONS FACILITY
Definitions
The surface from which wireless radio signals are sent and/or
received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden,
or part of or placed within either an existing structure or a proposed
structure which is intended and designed for use other than the mounting
of personal wireless service facilities, and which is not modified
for that use in any way which is obvious from the exterior of the
structure.
A company that provides personal wireless services, also
sometimes referred to as a provider.
The use of a single mount on the ground by more than one
carrier or the same carrier with multiple licenses, and/or the use
of several mounts on an existing building or structure by more than
one carrier or the same carrier with multiple licenses.
An enclosed structure, cabinet, shed, vault, or box near
the base of the mount within which are housed equipment for personal
wireless service facilities such as batteries and electrical equipment.
A type of mount with multiple legs and structural cross bracing
between the legs that is self-supporting and free standing.
A self-supporting tower with a single shaft that is designed
for the placement of antennas and arrays along the shaft.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including camouflaged
towers, lattice towers, guy towers, or monopole towers. This includes
radio and television transmission towers, microwave towers, and common-carrier
towers.
A facility, site, or location that contains one or more antennas,
telecommunication towers, alternative support structures, satellite
dish antennas, other similar communication devices, and support equipment,
which is used for transmitting, receiving, or relaying telecommunications
signals.
(d)
General Conditions
[1]
Principal or Accessory Use. Antennas and towers may be considered
either a principal or accessory use or structure as appropriate. A
different existing use or existing structure on the same lot shall
not preclude the installation of an antenna or tower on such lot.
Towers and associated equipment shall meet all the yard setback requirements
for the Zoning District in which they are located. All telecommunications
uses shall meet the minimum lot size for the Zoning District in which
it is located. Towers and associated equipment that may be located
within or outside of base facilities may not occupy required parking
spaces of an existing building or use.
[2]
Tower Design.
[a]
Applicants shall propose internally mounted antennas
for all new applications. Externally mounted antennas may be permitted
by the Zoning Board only if they are able to make the following findings:
[i]
That due to existing site features such as topography,
dense year round tree cover, the existence of other structures or
other unique conditions, the tower will be difficult to see from any
public road or residential property, as evidenced by the balloon test,
and will not result in an increased visual impact on the community
over that of an internally mounted antenna at the same site; and
[ii]
That an externally mounted antenna combined with
some other method of camouflage will allow the applicant to provide
the equivalent visual impact to that of an internally mounted antenna.
[b]
The Zoning Board shall also be required to consider
an advisory opinion from the Planning Commission regarding the visual
impact of any externally mounted antenna, which may include proposed
mitigation measures.
[3]
Building Code and Safety Standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
constructed and maintained in compliance with or exceeds the standards
contained in the applicable State Building Codes and the applicable
standards for towers that are published by the Electronics Industries
Association as amended from time to time and shall structurally accommodate
reasonable co-location.
[4]
General Requirements. All wireless communications facilities
shall be erected, installed, maintained and used in compliance with
all applicable federal and state laws and rules.
[5]
Co-Location. All owners and operators of land used in whole
or in part for a wireless communications facility, and all owners
and operators of such facilities, shall, as a continuing condition
of installing, constructing, erecting and using a wireless communications
tower facility, and subject to necessary approval hereunder, permit
other pubic utilities or FCC licensed commercial entities seeking
to operate a wireless communications tower facility to install, erect,
mount and use compatible equipment and fixtures on the mounting structure
on reasonable commercial terms. This is provided that such co-location
does not materially interfere with the transmission and/or reception
of communication signals to or from the existing facility, and provided
that there are no structural or other physical limitations that make
it impractical to accommodate the proposed additional wireless communications
equipment or fixtures. Erection of a replacement facility to address
such concerns shall be considered, where the Zoning Board determines
appropriate. Wireless communications facilities shall be designed
to accommodate co-location to the extent technologically and physically
practical given the limitations of the site and area.
[6]
Number of Towers. Only one wireless communication tower structure
per lot shall be authorized by this ordinance, unless the placement
of more than one tower structure on the site results in a substantially
better design that is integrated into the neighboring uses and meets
community standards. An example of this may be the erection of two
flagpole structures located in a recreation facility. The erection
of more than one lattice tower or monopole in a residential area would
not be an example of a better design.
[7]
Removal of Facilities. All unused telecommunications facilities
and structures including non-conforming or pre-existing facilities
which have not been used for one year shall be considered abandoned
and shall be dismantled and removed at the owner's expense. The owner
of such facility shall remove the tower within ninety (90) days; the
Town may take the necessary action to remove the facility at the owner's
expense. The owner of the property and the facility shall be jointly
and individually responsible for removal of said facilities, restoration
of the site and for all associated costs, expanded or incurred in
the course of removal and restoration. The Zoning Board of Review
shall require the posting of a demolition bond in an amount sufficient
to insure the removal of the tower.
[8]
Utilization. Included in an application for a telecommunication
tower or antenna, an applicant must demonstrate that it has a commitment
from one or more licensed wireless service providers to occupy the
facility for the purposes of transmitting and/or receiving wireless
communications. Wireless communications towers shall be designed to
accommodate the maximum number of co-locators reasonably practicable,
taking into account the size and appearance of the structure in the
context of its location. Owners of telecommunications towers shall
make space available to wireless communications services, including,
when appropriate, repositioning of tenants on the tower, and reinforcing
or replacing tower. The cost of making space available shall be the
responsibility of the applicant and may be shared by the tower owner,
if agreeable.
[9]
Development Plan Review. Applicants shall be subject to the provisions of Development Plan Review as outlined in § 218-71 of the Charlestown Zoning Ordinance, as amended, when applying for a new facility or the expansion of the footprint of an existing facility.
[10]
Town Requirements. At the time of application
for any tower, space shall be made available on telecommunications
towers for Town police, fire, rescue and public works communication
needs related to public safety, health and welfare, at no cost to
the Town. The cost of making space available shall be the responsibility
of the applicant and may be shared by the tower owner, if agreeable.
[11]
Site Selection. Preference shall be given to Town
owned sites for locating telecommunications towers. If the applicant
is unable to locate a tower on a Town owned site, the applicant must
provide proof that the potential to do so was investigated and show
why they are unable to.
(e)
Special Use Permits
[1]
General. All wireless communications facilities shall require a Special Use Permit as specified in § 218-23, Special Use Permits. In granting a Special Use Permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties and to carry out the intent of these regulations.
[2]
Factors Considered in Granting Special Use Permits. Consistent with the purposes of this Ordinance, the Zoning Board shall consider the following factors in determining whether to issue a Special Use Permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if it finds that the goals and purposes of this section are better served thereby. These factors are in addition to finding required for Special Use Permits as provided in § 218-23 of this Zoning Ordinance:
[a]
Generally that the stated purposes and goals of
this section are achieved to the maximum extent possible, and the
adverse impacts as may be identified are similarly minimized;
[b]
Height of the proposed tower or antenna and setbacks
in relation to lot boundaries, existing structures, public streets
and residences;
[c]
Nature of uses on the subject parcel and on the
adjacent nearby properties;
[d]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness including appearance and color;
[e]
Availability of suitable existing towers for co-location
and for location on other structures within the search area; and
[f]
Availability and feasibility of alternative antenna
and/or tower facilities sites and configurations that would result
in a substantially better design that is in keeping with the community
character.
(f)
Application Requirements. The following application and submission
requirements are in addition to the general requirements for Special
Use Permit applications as provided in the Zoning Ordinance:
[1]
A narrative report that shall describe the following relating
to the request for the telecommunications tower, antenna and/or related
facility installation:
[a]
The technical, economic and/or other reasons that
demonstrates the need for the telecommunications tower, antennas and
related facilities design and describes the desired objective which
the proposed facility will achieve;
[b]
The equipment load and carrying capacity for type
of antenna, and or receivers/transmitters which are intended to or
may be mounted on the tower;
[c]
The basis for calculation of equipment load and
carrying capacity;
[d]
Evidence that the proposed tower and/or facility
is as visually unobtrusive as possible given technical, engineering
and other pertinent considerations;
[e]
Evidence that the tower height proposed is the
minimum height necessary to accommodate the antenna; and that the
tower setbacks proposed are the maximum distance possible from adjacent
properties, existing structures, and public and private roads that
can be accommodated by the site design, notwithstanding the minimum
standards required by this section and;
[f]
Evidence of consideration of alternate sites and
co-location and existing towers on which the requirements of the applicant
could be met, and if not, the reasons why each co-location site is
not adequate for the needs or requirements of the applicant.
[2]
A certification of structural integrity from a Rhode Island
registered professional engineer that the tower is designed to withstand
all load requirements for structures as set forth in the Rhode Island
Building Code (RI General Laws 23-27.3-100.0 et seq.)
[3]
For a continuous, elapsed period of not less than three weeks
during daytime hours and prior to the date of the public hearing,
a helium balloon of sufficient size and color to be seen at a distance
of one mile, shall be placed at a maximum height and at the location
of the proposed tower. After the close of the public hearing the balloon
shall be immediately removed. The Zoning Board of Review may waive
this requirement for tower placement on existing structures.
[4]
Where the applicant is not the owner of the site, the property
owner must be a participant in the application and have an authorized
representative present at all meetings. The applicant shall furnish
a copy of the lease or agreement for the use of the site.
[5]
A map depicting all existing and proposed wireless facilities
and towers within 6 miles of the proposed site. A map accurately depicting
the coverage achieved by the facilities proposed for the site, the
coverage existing or proposed from relevant adjacent sites, and the
combination of existing and proposed.
[6]
A map showing the location of all potential alternative sites
that may result in a substantially better design in keeping with the
community character, including antenna platform, such as, but no limited
to, existing communication towers, structures, electric transmission
towers, radio and fire towers, and municipally owned land
[7]
Specific information about the location, height and design capacity
of potential alternative sites and proof that owners of potential
sites within the search area have been contacted, that permission
was sought to install a device on structures, and that permission
was denied, or that such locations do not satisfy requirements to
provide the service needed.
[8]
A site plan prepared, stamped and signed by a currently licensed
and authorized design professional consistent with the applicable
statutes and regulations governing design professionals in the State
of Rhode Island at a suitable scale to delineate the following:
[a]
Site boundaries, dimensions, zoning setback lines,
and wetlands within the site.
[b]
Topography at two-foot intervals
[c]
Tower or pole location and height
[d]
Size and location of accessory building, equipment
or structures, parking and access
[e]
Fencing, landscaping, and lighting
[f]
Locus map
[g]
Areas to be cleared of vegetation and trees, and
erosion and sediment control measures
[h]
Abutters within two hundred (200) feet
[9]
A map showing the applicant's entire property and all abutting
properties and streets, at a convenient scale, including the approximate
location and dimensions of the applicant's property and all existing
and proposed structures, utility lines, wells, septic systems and
major natural features
[10]
A map or illustration of suitable scale indicating
view lines from nearby properties and streets within one half mile
of the proposed tower.
[11]
Photo simulations of the proposed facility taken
from various (at least 3) perspectives. Each photo must be labeled
with the line of sight, elevation, and with the date taken imprinted
on the photograph. The photos must show the color of the facility
and method of screening.
[12]
Evidence showing that aircraft marking or lighting
will not be required for the facility, or if required, evidence showing
that there are no viable alternative sites or designs that would eliminate
the need to mark or light the structure.
(g)
Application Procedures. The applicant shall first submit to the Planning Commission for Development Plan Review as outlined in § 218-71 of the Charlestown Zoning Ordinance. The applicant must first receive conditional Development Plan Review approval before applying for a Special Use Permit with the Zoning Board of Review. Once the applicant has received an approval for the Special Use Permit they must return to the Planning Commission for final Development Plan Review approval.
(h)
Design and Development Standards
[1]
Setbacks, Height and Separation
[a]
A wireless communication tower facility shall be
set back from any adjacent property line or street at a maximum feasible
distance, considering the size and physical constraints of the site,
visibility to the nearby sites and other visually sensitive locations,
and the proportions and context of the site, in order to provide opportunity
to minimize the adverse visual affects of telecommunications facilities.
At the minimum, any such facility shall be set back from any property
line a distance equal to one and one-half times the height of the
facility and set back from any residential structure on a separate
parcel a minimum of 250 feet. Such facility shall be set back a distance
of at least 400 feet from any public or private street or public right-of-way
and large uncamouflaged facilities must be at least 1000 feet from
a school facility.
[b]
Towers shall not be located within a Historic District
as designated by the Zoning Ordinance, unless disguised in such a
manner that meets the requirements of the Historic District Commission
(Planning Commission).
[c]
Excluding where more than one tower has been proposed
on a single site, towers greater than 125 feet in height shall not
be located within two (2) miles of each other, unless an applicant
can demonstrate that a tower within this distance is required in order
to fill a gap in telecommunications coverage.
[2]
Landscaping and Screening:
[a]
The applicant must demonstrate that the tower or
antennas are located within a given site so as to minimize the visual
impact from nearby properties and roadways. Existing onsite vegetation
shall be preserved to the maximum extent practicable and may be used
as a substitute for the landscaped screening requirement. Appropriate
screening shall be installed at tower sites to limit views from adjacent
properties and streets. Plantings shall be of such a height and density
to ensure screening. Screening shall consist of plant and/or tree
material appropriate to the habitat. Screening may be waived on those
sides or sections that are adjacent to protected open space land.
The owner of the property shall be responsible for ongoing maintenance
and shall replace any dead plantings within thirty (30) days.
[b]
All telecommunications facilities shall be surrounded
by an existing, fully-grown buffer of dense tree growth that extends
continuously for a minimum distance of one hundred (100) feet from
the mount, security barrier, or designated clear area for access to
equipment, whichever is greatest, and screens views of the facility
in all directions. These trees must exist on the subject property,
be planted on site, or be within a landscape easement on an adjoining
site. The Planning Commission shall have the authority to decrease,
relocate, or alter the required buffer based on on-site conditions.
The one hundred (100) foot vegetative buffer area shall be protected
by a landscape easement or be within the area of the carrier's lease.
The easement or lease shall specify that the trees within the buffer
shall not be removed or topped, unless the trees are dead or dying
and present a hazard to persons or property.
(i)
Site Requirements:
[1]
Traffic associated with the tower and accessory facilities shall
not adversely affect abutting ways and access shall be provided to
a site which respects the natural terrain and is approved by the Director
of Public Works and by the District Fire Chief to assure emergency
access at all times. Consideration shall be given to design that minimizes
erosion, construction on unstable soils, and steep slopes.
[2]
Ground-mounted facilities shall not be located within open areas
that are clearly visible from public roads, recreational areas, or
abutting properties. A buffer of dense tree growth shall surround
all ground-mounted personal wireless service facilities.
[3]
Communication towers shall be enclosed by a fence of at least
ten (10) feet in height from finished grade and at least six feet
from the base of the structure. Access shall be through a locked gate.
[4]
Equipment shelters for communication towers shall be designed
consistent with one of the following design standards:
[a]
Equipment shelters shall be located in underground
storage vaults; or
[b]
Equipment shelters shall be camouflaged behind
an effective year round landscape buffer, equal to the height of the
proposed building, and/or wooden fence if other types of camouflage
are not feasible. The Planning Commission shall determine the style
of fencing and/or landscape buffer that is compatible with the neighborhood
or
[c]
If mounted on a rooftop, the equipment shelter
shall be concealed or camouflages so that the shelter either is not
visible at grade or appears to be a part of the original structure.
[5]
Communication towers shall not be artificially lighted except
as may be required for public safety purposes, by the Federal Aviation
Administration (FAA), or by the Town of Charlestown.
[6]
No signs shall be allowed on any communications tower except
as may be required for safety purposes, by the Federal Communication
Commission (FCC) or by the Town. All signs shall conform with the
sign requirements of the Zoning Ordinance.
[7]
The tower shall be designed to accommodate the maximum number
of uses technologically practical.
(3)
Private utility Towers and buildings.
(a)
Special Use Permit will be required
(b)
Submittal requirements of ARTICLE VI § 218-37D(2)(b) as applicable
(4)
Residential Wind Energy Facilities.
[Amended 3-14-2011 by Ord. No. 338; 9-12-2011 by Ord. No. 341; 11-14-2011 by Ord. No. 344]
(a)
Purpose. The purpose of this section is to provide for the construction
and operation of wind energy facilities as accessory uses and structures
for residential and agricultural uses, and to provide standards that
address public health, safety and welfare in the placement, design,
construction, monitoring, modification and removal of wind energy
facilities and minimize negative impacts on scenic, natural and historic
resources of the town.
(b)
RESIDENTIAL WIND ENERGY FACILITY HEIGHT
RATED OUTPUT
Definitions. The following terms used in § 218-37D(4) are defined for use in applying the provisions of this § 218-37D(4) and shall supplement and be in addition to those terms defined in § 218-5B:
The height of a wind energy facility is measured from pre-development
grade to the tip of the rotor blade at its highest point.
The electric power production of the turbine, as specified
by the manufacturer.
(c)
Applicability. Only wind energy facilities designed to provide
primary and/or accessory electricity for residential or agricultural
uses are permitted under the provisions of this section. Maximum output
permitted is 20 kW, as rated by the manufacturer, and maximum height
allowed is 125 ft.
(d)
Application Procedures for Residential Wind Energy Facilities.
[1]
General Compliance.
|
The construction and operation of any proposed wind energy facility
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation (i.e. FAA)
requirements.
| |
|
A wind energy facility shall be considered an accessory use
and structure, and any wind energy facility, regardless of height
or rated capacity shall require the issuance of a building permit
by the Building Official. Prior to the issuance of a building permit,
the applicant/owner of the wind facility shall receive all other permits
and approvals, as relevant.
| |
|
A met tower is permitted by right in all zoning districts where structures of any sort are allowed and shall require the issuance of a building permit by the Building Official. A met tower is allowed up to 125 feet in height on a temporary basis not to exceed one-year from the date the building permit is issued. The Building Official may grant a single one-year extension, if justified upon a written request by the applicant. A met tower must comply with § 218-37D(4)(g), Siting Standards.
|
[2]
A wind energy facility with a total height that is equal to or less than the maximum height allowed for the principal use for the lot as specified in § 218-42B (Building Height) is allowed by Building Permit in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, the standards contained herein are met.
[3]
A wind energy facility supported solely by attachment to a principal residence is permitted to rise ten (10) feet higher than the roof line of that same residence, irrespective of the height restriction specified in § 218-42B, provided that all other standards contained herein are met.
[4]
A wind energy facility with a total height that is greater than what is allowed in Subsection D(4)(d)[2] and [3] herein but that is not greater than 125 feet requires a Special Use Permit prior to the issuance of a Building Permit and is allowed in all residential zoning districts or on lots used exclusively for residences and/or agriculture, provided that, in addition to the standards required for a special use permit (as contained in § 218-23A), all other standards contained herein are met.
[5]
A wind energy facility that has a rated output of greater than
20 kW, a total height greater than 125 feet or that is on a parcel
that ordinarily requires Development Plan Review or Planner Review
is not permitted under this section.
(e)
Application requirements shall include the following materials:
[1]
Site plan. The applicant shall submit a site plan with the following
information:
[a]
Property lines and physical dimensions of the subject
property;
[b]
Location, dimensions and types of existing structures
on the property;
[c]
Location of the proposed wind turbine, foundations,
guy anchors and associated equipment;
[d]
Setback distances between the wind energy facility and property lines, with evidence of compliance with the setback requirements of Subsection D(4)(g); and
[e]
Location of any overhead utility lines.
[2]
Engineering Details and Specifications. The applicant shall
submit the following details for the proposed wind energy facility:
[a]
Blueprints/drawings of the proposed structures
including details for the foundation and electrical components, stamped
by a Professional Engineer licensed in the State of Rhode Island,
certifying compliance with the Rhode Island State Building Code and
the National Electric Code;
[b]
Wind energy facility specifications, including
manufacturer and model, turbine rated output in kW, rotor diameter,
tower height, tower type (freestanding or guyed), and overall height;
and
[c]
A copy of the application for interconnection with
their electrical utility provider, if the wind energy facility is
to be connected to the power grid.
[3]
Neighborhood Sound Impact Analysis. The applicant shall submit
manufacturer's documentation of the sound levels generated by the
turbine under various wind conditions and at serial distances from
the turbine to allow estimation of sound level at the property line.
(f)
Additional Standards for Residential Wind Energy Facilities
that require a special-use permit.
[1]
Prior to an issuance of a special use permit for any wind energy facility, the Zoning Board of Review must determine that it meets the standards contained in § 218-23. In addition, the Zoning Board may impose reasonable conditions, safeguards and limitations on time and use, and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impact of the wind energy facility should they occur.
[2]
Residential wind energy facilities shall be sited in a manner
that minimizes shadowing or flicker impacts on abutters. For facilities
more than 60 feet above grade, the applicant must provide evidence
that potential shadow flicker impacts will be addressed either through
siting or mitigation measures. The applicant shall submit manufacturer's
estimation of shadow flicker effects of the turbine at the proposed
height, including the expected seasonal times and durations.
[3]
To protect the general character of the surrounding area the
Zoning Board of Review may impose a lower height limit, increased
setback requirements or any other mitigation measures.
[4]
Applicants shall propose monopole towers. Lattice towers may
be permitted by the Zoning Board only if they are able to make the
following findings: That due to existing site features such as topography,
dense year round tree cover, the existence of other structures or
other unique conditions, the lattice tower will not result in an increased
visual impact over that of a monopole tower at the same site.
(g)
Siting Standards for all Residential Wind Energy Facilities.
[1]
Minimum Setbacks. Except where a wind energy facility is supported
solely by attachment to a principal residence and is no higher than
10 feet above the roof level of the principal residence, there shall
be a setback between each property line or public road and the center
line of the foundation of the wind energy facility equal to the sum
of the required district setback for accessory structures for that
property line plus the height of the wind energy facility. This requirement
may be waived if the applicant can secure an easement over the abutting
property that otherwise meets this minimum required setback, provided
the property subject to the easement is not divided by a public road
within a distance less than the minimum required setback.
[2]
Sound Setbacks. If necessary, minimum setback must be extended
such that the sound pressure level generated by a wind energy facility
meets the requirements of § 218-37(D)(4)(i)[3] (Safety and
Environmental Standards for all Residential Wind Energy Facilities
— Sound). Where a wind energy facility is attached to a principal
residence, it must be of a design that can meet the sound setback.
(h)
Aesthetic and Design Standards for all Residential Wind Energy
Facilities.
[1]
Color and Finish. All components of a wind energy facility higher
than 35 feet above grade shall be painted a neutral, non-reflective
exterior color, unless mitigation measures as directed by the town
warrant differently.
[2]
Lighting. Wind turbines shall not be lighted. Lighting of other
parts of the wind energy facility, such as appurtenant structures,
shall be limited to that required for safety, security and operational
purposes, and shall be limited by timers, and shielded from abutting
properties.
[3]
Signage. A wind energy facility shall not display any permanent or temporary signs, writing, symbols, logos or any graphic representation except for signs necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger; and must comply with Article XI of this ordinance.
[4]
Utility Connections. Utility connections from the wind facility
shall be installed underground. Electrical transformers for utility
interconnections may be above ground if required by the utility provider.
[5]
Support Towers. Monopole towers are required for wind energy
facilities taller than 35 feet above grade.
(i)
Safety and Environmental Standards for all Residential Wind
Energy Facilities.
[1]
Braking System. Wind turbines shall have an automatic braking,
governing or feathering system to prevent uncontrolled rotation, over-speeding
and excessive pressure on the tower structure, rotor blades and other
turbine components, or as a means to implement mitigation for noise
in excess of that permitted, shadow flicker, or natural resource protection.
[2]
Physical Safety. All Residential Wind Energy Facilities shall
allow ten (10) feet of clearance between moving parts and the ground,
or otherwise shield people from moving parts and electrical components.
[3]
Sound. The sound pressure level generated by a wind energy facility
shall not exceed 35 dB(A) from 7:00 p.m. to 7:00 a.m., or 45 dB(A)
from 7:00 a.m. to 7:00 p.m. at the property lines. If the ambient
sound pressure level exceeds these limits, based on a site-specific
sound study, the standard shall be ambient dB(A) plus 3 dB(A). In
the event of complaint about noise, the applicant has the burden of
proving that the sound generated by the wind energy facility meets
the requirements of this ordinance.
[4]
Wildlife. The potential adverse impacts to wildlife should be
minimized through appropriate siting. For example, discourage flight
paths into turbines by not placing turbines in close proximity to
structures meant to attract birds such as bird feeders, birdbaths,
or birdhouses. Turbine placement should avoid barns or other structures
known to contain bat roosts.
(j)
Monitoring and Maintenance.
[1]
Wind Energy Facility Conditions. The owner of any wind energy
facility shall maintain the wind facility in good condition. Maintenance
shall include, but not be limited to, structural repairs and integrity
of security measures.
[2]
Modifications. Any modification that increases the height, sound
or rated output of the Residential Wind Energy Facility shall first
require the owner to return to the appropriate authority for additional
approval.
[3]
Operation. If electronic interference results from the operation
of the wind energy facility, or if sound, shadow flicker, or other
adverse impacts exceed the allowable limits of this section or other
applicable regulations, or a limit placed as a condition of the special
use permit, the Building Official shall notify the owner in writing
of the violation. If the violation is not remedied within thirty days,
the facility shall remain inactive until the violation is remedied.
[4]
Enforcement and Penalties. The Building Official shall be responsible for the enforcement of the provisions of this section. Failure of the owner of any wind energy facility to comply with operational standards, or mitigation measures shall be considered a violation of the zoning ordinance, subject to the provisions of § 218-9.
E.
Open Space. No buffer, yard or open space provided around any building
to comply with the provisions of this Ordinance shall be used as a
buffer, yard or open space for any other building. The space of required
front, side or rear yards shall be open and unobstructed with the
following exceptions:
(1)
Projections of windowsills, cornices and other ornamental features
may extend not more than two feet into a required yard area from the
basic structures.
(2)
A permitted residential accessory structure may be placed in a side
or rear yard area but no closer than ten feet to a lot line.
(3)
In any district, fences, and walls may be constructed up to six feet in height. In front yards, the maximum height of walls and fences shall be subject to the vision requirements of ARTICLE VI § 218-37F, Sight Triangles.
(4)
Landscape features, such as trees and shrubs, may be placed in any yard area and are subject to the vision requirements of ARTICLE VI § 218-37F, Sight Triangles.
(5)
In business and industrial districts, parking facilities, signs,
and outdoor telephone booths may be located in a front yard area if
a special use permit is granted by the Zoning Board of Review.
F.
Sight Triangles. On any corner lot and all street intersections,
no structure, vegetation or item shall be erected or maintained between
the heights of three and ten feet above ground level within the triangle
formed by the two street lines and a third line joining points on
the street lines twenty feet from the intersection of the street lines.
G.
Cul-de-sac. In any residential district, street frontage may be reduced
to not less than seventy-five feet for those lots fronting entirely
on turnarounds or a cul-de-sac. Frontage is to be measured between
the two side lot lines at the required front yard depth.
H.
Lots divided by district boundaries. Where a lot is divided by a
zoning district boundary, the regulations for each district shall
apply to the part of the lot on which it is located.
I.
Standards for Individual Uses
(1)
Generally. The uses contained in this Section may cause impacts in
the area in which they are proposed to be developed and thus require
approval of a special use permit. The performance standards contained
within this article are intended to explicitly describe the location,
configuration, design, amenities, operation, and other conditions
of approval for these uses which along with the conditions for approval
of a special use permit will ensure that potential impacts are minimized
and are consistent with the Town of Charlestown Comprehensive Plan
1991.
(2)
Gasoline Stations
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses, or in relation
to other buildings or uses abutting the site.
[3]
The use will not interrupt or intrude with a concentration of
retail uses or impede pedestrian circulation.
[4]
The use shall be and is located within a highway commercial
or general business zone and shall not adjoin or abut a residential
district.
(b)
Spacing. Gasoline stations shall not be allowed within a one
mile radius of another such station or within five hundred feet of
a municipal building, church, public or private school, or other place
of public assembly. No gasoline station shall be constructed in those
areas classified as "Lands Already Developed Beyond Carrying Capacity"
in the RI CRMC's "Rhode Island's Salt Pond Region: A Special Area
Management Plan," 1984 and all amendments thereto.
(c)
Site Development Criteria.
[1]
Minimum Lot Area. The minimum lot area shall be no less than
forty thousand square feet. There will not be less than two hundred
lineal feet of frontage on a Town accepted road. No portion of any
building, canopy, structure, vehicle service area, pump or pump island,
shall be located within, project into, or overhang any required minimum
front yard or side yard area.
[2]
Accessory Uses. Accessory uses shall not occupy or cover more
than ten percent of the total lot area. Such accessory uses shall
not be located in any required front or side yard area.
[3]
Prohibited Uses. The following uses shall not be performed in
conjunction with any gasoline station.
[4]
Minimum Services Required. All gasoline stations shall provide
public restrooms for use by the general public, and water and air
for motor vehicles. All restrooms shall be situated within the main
building. Public telephones are permitted provided they are not within
a front yard and are located to be visible from the public right-of-way.
[5]
Architectural Conformity. The exterior of the building shall
be harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
[6]
Vending Machines and Portable Display Racks.
[a]
All types of vending machines except ice machines
shall be located inside the building.
[b]
Only one display rack for automotive products shall
be permitted on each pump island. All other display racks are prohibited,
except that one such rack not more than three feet in length and three
feet in height and two feet in depth, located not more than three
feet from a wall of the principal building is permitted.
[7]
Access. Two driveways for access on the required lineal street
frontage shall be required. Such driveways shall be at least twenty-five
feet apart, shall not be closer than twenty-five feet to a side property
line and shall be no closer than one hundred seventy-five feet to
the nearest street intersection. Wherever possible a combined driveway
and parking area for abutting commercial uses shall be designed and
provided.
[8]
Canopy Structure. Where a pump island is covered by a canopy
structure, it shall be designed and constructed of the same materials
as the main building. The pump island canopy structure shall be attached
to and made an integral part of the main building structure.
[9]
Parking. There shall be one parking space for each employee
plus a minimum of two parking spaces for each gasoline dispenser and
two parking spaces for each service bay. All parking spaces shall
be clearly marked and no parking space may be allowed on rights-of-way,
yard setbacks or on required landscaped areas.
[10]
Landscaping. At least ten percent of the site
shall be permanently landscaped with plant materials intended to beautify
and screen. Planting areas shall include, but are not limited to the
following.
[a]
All landscaped planters shall be enclosed with
a brick or concrete curb not less than six inches above the finished
grade of the site.
[b]
A minimum of a six feet wide (inside dimension)
raised planter, shall be provided along all property lines abutting
street rights-of-way between access points for the purposes of separating
pump islands and parking areas from the street right-of-way. Landscaped
planters may be rounded at driveway entrances utilizing a minimum
fifteen foot radius.
[c]
All planted areas shall be maintained so as not
to constitute a fire hazard.
[11]
Lighting. All exterior lighting shall be of an
indirect nature, emanating only from fixtures located under canopies,
under eaves on the principal building or at ground level in the landscaping.
Exterior lighting shall be arranged and shielded so there shall be
no glare or reflections onto adjacent properties or street rights-of-way.
[12]
Lawful Nonconforming Stations. Replacement or
upgrade of existing storage tanks to modern technologies is allowed
and encouraged provided the new tank capacity is no more than twice
the existing capacity. No additional tanks or pumps shall be added
to a lawful nonconforming gasoline station.
(3)
Inns/motels/hotels
(a)
Site Development Standards.
[1]
Minimum Lot size. A minimum lot size of the zoning district
within which the structure is located is required plus four thousand
square feet of land per room housing up to two persons and/or six
thousand square feet of land per room housing three or more persons
shall be required.
[2]
Any structure used, accessory use or structure or parking area
used in association with a hotel or motel shall be located no closer
than one hundred feet to any lot line.
[3]
All inns/motels/hotels within the land classification of the
RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity"
shall use denitrification or other alternative septic system technology
as may be approved by the RI DEM.
(b)
Permitted Uses. The following uses shall be permitted as accessory
uses to hotels/motels subject to development plan review and all other
applicable sections of this Ordinance and other applicable rules,
standards or statutes governing such uses.
(4)
Bed & Breakfasts
(a)
Use Criteria.
[1]
No restaurant shall be permitted. Food service shall be limited
to breakfast and to resident overnight guests only for no additional
fee.
[2]
The establishment shall be owner occupied and managed within
the principal single family structure and not in any accessory structure.
If the ownership changes, the new owner shall apply to renew the special
use permit for the bed and breakfast.
[3]
No amplified music, outdoor parties or similar activities for
commercial purposes shall be allowed.
[4]
All requirements of the Health Department, the Fire Marshall's
Office and the Rhode Island State Building Code shall be met if required.
[5]
The owner or manager of a bed and breakfast shall maintain a
reservation book or a registration log.
[6]
No exterior additions or alterations shall be made for the express
purpose of adding to a bed and breakfast facility, other than those
required to meet health, safety, and sanitation requirements. The
principal building must appear to be a single family dwelling, and
give no outward appearance of a business use. Minimal outward modification
of the structure or grounds may be made if such changes are deemed
compatible with the character of the neighborhood.
(b)
Site Development Criteria.
[1]
One off-street parking space shall be provided for each guest
room besides the parking required for the single family dwelling unit.
[2]
The parking area shall not be located within the setbacks of
any required yard.
[3]
The parking area shall be located at least fifty feet from any
adjacent residential district or use and shall be adequately landscaped
and screened from view of abutting properties.
(5)
Riding Stables.
(a)
Generally, Paddocks, pastures, barns, and manure stockpiles
and livestock management areas shall be setback at least one hundred
feet from the edge of any protected waterbody, wetland, or other flowing
water course that drains from the property. No paddock or pasture
shall be located over any portion of an individual septic system.
(b)
Private Stables.
[1]
A special use permit may be granted for each horse, donkey,
pony, or mule subject to the following provisions:
[a]
Minimum lot size shall be forty thousand square
feet in addition to any area required for paddocks and/or pastures.
[b]
The paddock area and structures for the housing
of such animals shall be at least twenty-five feet away from any property
line and fifty feet from any adjacent residential use.
[c]
The lot shall at all time be maintained in a clean
and sanitary condition, to be free from offensive odors or other nuisance
features.
[d]
Manure must be collected and maintained in a sanitary
manner to prevent offensive odors, fly breeding or other nuisances.
[e]
Pasture fencing shall be provided in a manner to
safely contain the animals on the property.
(c)
Commercial Stable. Where permitted by special use permit, commercial
stables are subject to following minimum standards:
[1]
Minimum lot size shall be ten acres besides any area required
for paddock and/or pastures.
[2]
The paddock areas, corrals and all structures for the housing
of animals shall be at least one hundred feet away from any property
line.
[3]
All roads and parking areas shall be surfaced to be dust free.
[4]
Any outdoor lighting shall be hooded and controlled so that
the source of light is not visible from any adjoining property line.
[5]
The lot shall always be maintained in a clean and sanitary condition,
to be free from offensive odors or other nuisance features.
[6]
Manure must be collected and maintained in a sanitary manner
to prevent offensive odors, fly breeding or other nuisances.
[7]
Pasture fencing shall be provided in a manner to safely contain
the animal on the property.
(6)
Marinas. Marinas shall be subject to development plan review and
shall be located adjacent to waters classified by the RI CRMC as suitable
for use by pleasure and cruise boats. The size of the marina shall
be determined by the carrying capacity of the land for support facilities,
the required parking, the capacity for dry storage, and the accessibility
of adjacent roads. Docks, ramps, moorings and related marine service
structures shall conform to all accepted siting and engineering standards
and the pertinent provisions of this Ordinance.
(7)
Drive-in Uses
(a)
Location Criteria.
[1]
No drive-in use driveway entrance or exit shall be located within
two hundred feet of a municipal building, recreation area or facility,
a public or private school, church or any residential district.
[2]
Drive-in uses shall be located within a business-zoned lot as specified by § 218-36, Land Use Table, with a minimum lot size of five acres and shall only be allowed within the confines of a shopping center where all traffic stacking and traffic circulation shall be handled internally within the shopping center, itself.
[3]
Drive-in uses that abut residential zones shall have a minimum
of one hundred feet landscaped buffer from the proposed residential
zone if said residential zone abuts said property.
[4]
No location and use shall be permitted in a location where a
level of service on adjacent and abutting residential roads are affected
by reducing the level of service one level downward from the present
level of service as to be determined by a traffic engineer, selected
by the Town, paid for by the applicant. Any mitigation proposed to
maintain the level of service shall be consistent with the character
of the surrounding area and shall be provided at the applicant's expense.
(b)
Permitted uses. Permitted drive-in uses are drive-in banks or
savings and loan institutions and pharmacy prescription services.
Food and beverage drive-ins are strictly prohibited as uses and are
prohibited as accessory uses to permitted principal uses.
(c)
Site Development Criteria.
[1]
The design of any structure shall be compatible with other structures
in the surrounding area and in particular should reflect the shopping
center that houses said drive-in uses. The drive-in use shall reflect
a common architectural theme within the commercial shopping center,
and no franchise architecture shall be allowed.
[2]
The number of access drives into said shopping center to prevent
drive-in uses from affecting traffic circulation between adjacent
streets shall be limited to one.
[3]
No driveway shall be within two hundred feet of a street intersection.
[4]
Internal access with adjoining sites shall be required where
deemed feasible by the Planning Commission through development plan
review to prevent the drive-in use impacting traffic movement and
circulation onto adjacent roads.
[5]
A minimum of five stacking spaces is required. More spaces may
be required depending on the intensity of use. The Zoning Board of
Review shall set the required number of stacking spaces in the special
use permit application process.
[6]
The required drive-thru stacking lane shall not intersect with
pedestrian access.
[7]
Stacking spaces and lanes shall be designed so that they do
not impede on an off-site traffic movements or movements into and
out of parking spaces.
[8]
Stacking lanes and spaces shall be separated from other internal
driveways by raised medians and landscaping.
[9]
Driveways shall be at least twenty-four feet wide. No driveway
shall be allowed within fifty feet of another driveway.
(d)
Prohibited Drive-In Uses.
[1]
The sale of food and beverages and other uses not mentioned
by this Section is specifically prohibited. The sale of alcoholic
beverages by way of a drive-in use is prohibited.
(e)
Any drive-in use which has been granted and approved by the
Zoning Board of Review by way of a special use permit and is cited
for a repeated violation of any of the provisions of this ordinance
or conditions placed on the approval of a special use permit, including
but not limited provisions against litter, noise, or air-pollution,
can have said drive-in use revoked upon reasonable notice and opportunity
to be heard.
(8)
Golf Courses
(a)
Generally. Golf courses shall submit a plan drawn to a scale
not smaller than one inch equals one hundred feet showing the conceptual
layout of the course, tees, fairways, greens, and related buildings
as part of the application for a special use permit.
(b)
Minimum Lot Size. A golf course or country club shall have a
minimum lot size of ten acres. Each accessory use shall provide twenty
thousand square feet of additional land area per use. A perimeter
buffer of one hundred feet is required.
(d)
Parking. For the golf course itself four parking spaces per
each hole shall be provided plus the cumulative amount required for
each other use on the premises.
(9)
Shooting Club/Ranges
(a)
General Standards.
[1]
The site or area used as a shooting range shall be fenced, posted
every fifty feet so that the safety of patrons, spectators and the
general public is protected.
[2]
The Police Chief of the Town shall review and approve the design
and layout of any shooting range as to its safety to patrons of the
range as well as surrounding property owners.
[3]
No sales or consumption of alcoholic beverages shall be permitted
on the property.
(10)
Commercial Kennels. A commercial kennel's minimum lot area shall
be five acres. No structure of a commercial kennel shall be closer
than one hundred feet to any lot line. Each kennel shall provide one
run per dog; no commercial kennel shall have more than forty runs.
(11)
Dog Day Care/Training Center. Where permitted by Special Use
Permit, Dog Day Care/Training Center(s) are subject to the following
performance standards:
(a)
Dogs must be leashed while entering and exiting the facility
(b)
There shall be no overnight boarding
(c)
Any outside use of the property for the dogs must be supervised
and the dogs must be on leashes
(d)
Dogs inside the facility must not be heard beyond the property
lines
(e)
At least one person, onsite at all times during business hours,
must be accredited and certified in one or more of the following:
American Pet Dog Trainers (APDT), Council for Professional Dog Trainers
(CPDT) and/or International Association of Canine Professionals (IACP)
(f)
Pet waste shall not be disposed of into drains or into the septic
system of the facility
(g)
Solid pet waste onsite must be scooped up daily before the close
of business
(h)
Solid pet waste shall be removed from the site, by the operator
or by a contracted hauler, at a minimum of two times a week
(i)
Pet waste odor must not be detectable beyond the property lines
(j)
Hours of operation shall be limited to 7am to 7pm
(k)
A minimum of a 100' setback is required when the property abuts
a residential zone or use
(l)
One handler is required for every 15 dogs, not to exceed 40
dogs at the facility
(m)
Outdoor animal noise cannot become a nuisance to abutting properties
(12)
Home Occupation
(b)
Permitted Home Occupations. Home occupations are permitted if
they conform to the following:
[1]
Visitors, customers, or deliveries shall not exceed those normally
and reasonably occurring for a residence.
[2]
There shall be no alteration of the residential appearance where
the home occupation occurs, including the utilization of an existing
entrance exclusively for the business.
[3]
There shall be no signs on the property except for one identification
sign as permitted in ARTICLE XI, Signs.
[4]
Home occupations shall comply with all local, state and/or federal
regulations pertinent to the activity.
(c)
Prohibited Home Occupations. The following shall not be permitted
as home occupations:
[1]
Motor Vehicle or boat repair.
[2]
Beauty salons and barber shops.
[3]
Health salons, dance studio, and aerobic exercise studios.
[4]
Limousine or cab service.
[5]
Medical or dental office.
[6]
Mortician, hearse service.
[7]
Painting of motor vehicles or boats.
[8]
Tow truck services.
[9]
Veterinary/Grooming/Boarding Services.
[10]
Warehousing and distribution service.
(13)
Dwelling, Two Family. The dimensional element which shall apply
to two family shall be twice that of the comparable values for single
family units in the same district. All two family dwellings within
the land classification of the RI CRMC SAM Plan "Lands Already Developed
Beyond Carrying Capacity" shall use denitrification or other alternative
septic system technology as may be approved by the RI DEM.
(14)
Extractive Industries. Existing extractive industries shall
be allowed to continue on the site of their original extraction. The
Zoning Board of Review may permit the expansion of an existing operation
to real property acquired before the effective date of this ordinance
as a special use permit in all districts according to the following
provisions:
(a)
All such operation shall be located not less than one hundred
feet from any lot line and one hundred and fifty feet from any street
or right-of-way.
(b)
The Board shall have the power to specify additional requirements
concerning the hours of operation, site rehabilitation, fencing, dust
control, site clearance, noise and vibration, drainage, degree of
slope and require a site remediation plan for after extractive activities
are complete.
(15)
Swimming Pools. A swimming pool shall comply with the Rhode
Island State Building Code and the requirements for an accessory structure.
(16)
Nursing Homes
(a)
Location Criteria.
[1]
No facility shall be located on a lot less than two acres in
size with one hundred and fifty feet of frontage, plus there shall
be at least one thousand, five hundred square feet of lot area for
each bed of the facility over ten beds.
[2]
The front, side and rear setbacks shall conform to the setbacks
specified for Commercial 3, C-3, uses in ARTICLE VII, Dimensional
requirements unless the lot abuts a residential district or use with
a greater setback requirement, in which case, the setback of the greatest
dimension shall be used.
[3]
The Zoning Board of Review may permit adaptive reuse of an existing
dwelling in a commercial zone to a nursing home, provided the above
requirements are complied with.
(17)
Club/Service Organization
(a)
Location Criteria. Clubs may be allowed by special use permit
subject to the following:
(b)
Use Criteria.
[1]
Off-street parking shall be screened and landscaped and not
located in required yard setbacks.
[2]
Traffic volumes shall be appropriate for the street classification
on which the use is located.
[3]
The proposed application shall not impact the visual, audio,
or aesthetic character of the abutting neighborhood.
(18)
Day Care
(a)
Site Development Criteria.
[1]
Day Care uses shall provide for the safe access without affecting
traffic safety on adjacent roads or creating a nuisance to abutting
residential uses.
[2]
The exterior of structures used for day care shall be architecturally
compatible with the district it is located in. Where located in a
residential district, the structure shall be designed as a residential
unit compatible with the neighborhood.
(19)
Automotive Repair
(a)
Location Criteria. Automotive repair shall be located no less
than two hundred feet from a residential district or use and three
hundred feet from a property boundary of a school, park, playground,
hospital or other place of public assembly.
(b)
Use Criteria.
[1]
Automotive repairs, whether major or minor, shall not be permitted
as a home occupation.
[2]
There shall be no parking of damaged vehicles except on a temporary
basis not to exceed seventy-two hours. Junk parts and vehicles shall
not be kept outside of the building.
[3]
All repair work and outside areas shall be screened so it is
not visible from off the premises.
(20)
Private Gasoline Island
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
in relation to surrounding uses, or in relation to other buildings
or uses abutting the site.
[3]
The use will not interrupt or intrude with a concentration of
retail uses or impede pedestrian circulation.
[4]
No private gasoline island shall be constructed in those areas
classified as "Lands Already Developed Beyond Carrying Capacity" in
the RI CRMC SAM Plan and all amendments thereto.
(b)
Site Development Criteria.
[1]
No canopy, pump or pump island, shall be located within, project
into, or overhang any required minimum front yard or side yard area.
[2]
Where a pump island is covered by a canopy structure, it shall
be designed and constructed of the same materials as the main building.
The canopy structure shall be attached to and made an integral part
of the main building structure.
[3]
All exterior lighting shall be of an indirect nature, emanating
only from fixtures located under canopies, under eaves on the principal
building or at ground level in the landscaping. Exterior lighting
shall be arranged and shielded so there shall be no glare or reflections
onto adjacent properties or street rights-of-way.
(21)
Bathing Beach
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, or
physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses or impact the
traffic pattern of abutting uses.
[3]
The site has no rare or endangered species or state or federally
listed species of concern or is utilized as a nesting or nursery habitat
for such species.
(b)
Use Criteria.
[1]
Permitted uses are limited to swimming, sun bathing, passive
recreation, uses not involving any permanent structures or movement
of earth, and an accessory permeable parking lot that is dust free.
[2]
All bathing beaches shall have restrooms for use by the general
public. All restrooms shall be situated within the accessory parking
lot. Public telephones are permitted provided they shall not be within
twenty feet of any street frontage and are so located to be visible
from the public right-of-way.
(c)
Site Development Criteria.
[1]
The minimum lot size shall be forty thousand square feet.
[2]
There shall be one hundred and fifty feet of frontage on a Town
accepted and maintained road.
[3]
A landscaped buffer of seventy-five feet shall be provided to
any adjacent residential district or use.
[4]
The site shall be located adjacent to the appropriate water
quality designation that allows active recreational water activities
for humans.
(22)
Drive-in Theater
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, lighting or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses and impact the
traffic pattern of abutting uses.
(23)
Private School/College.
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, lighting or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses and impact the
traffic pattern of abutting uses.
(b)
Site Development Criteria.
[1]
The minimum lot size shall be five acres.
[2]
The site shall be adjacent to a road dedicated to the public
and maintained by the State.
[3]
A one hundred foot perimeter buffer shall be provided where
the site abuts a residential district or use.
[4]
All private schools/colleges within the land classification
of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity"
shall use denitrification or other alternative septic system technology
as may be approved by the RI DEM.
(c)
Architectural Conformity. The exterior of the building(s) shall
be harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
(d)
Master Plan/Development Plan Review required. A master plan
of all property under control or ownership for the school shall be
submitted as part of the conceptual review stage of the Development
Plan Review. The master plan shall detail all existing lots, proposed
uses, the proposed layout of streets, driveways, parking areas, landscaping,
infrastructure, environmental features and any other item the Planning
Commission deems necessary to review the property as a whole.
(e)
Environmental Analysis. The Planning Commission may require
the applicant to submit an Environmental Analysis as outlined in the
Charlestown Subdivision Regulations of the proposed development or
may contract with an outside consultant at the applicant's expense
to adequately review the application.
(f)
Access and Traffic. The design of proposed access, street layouts,
necessary traffic controls, impacts on adjacent Town or State roads,
traffic control, existing traffic conditions, and projected traffic
generation shall be reviewed by the Planning Commission.
(24)
Convention Center
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, lighting or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses and impact the
traffic pattern of abutting uses.
(b)
Site Development Criteria.
[1]
The minimum lot size shall be five acres.
[2]
A one hundred foot perimeter buffer shall be provided where
the site abuts a residential district or use.
[3]
All convention centers within the land classification of the
RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity"
shall use denitrification or other alternative septic system technology
as may be approved by RI DEM.
[4]
Architectural Conformity. The exterior of the building (s) shall
be harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
[5]
Master Plan/Development Plan Review required. A master plan
of all property under control or ownership for the center shall be
submitted as part of the conceptual review stage of the Development
Plan Review. The master plan shall detail all existing lots, proposed
uses, the proposed layout of streets, driveways, parking areas, landscaping,
infrastructure, environmental features and any other item the Planning
Commission deems necessary to review the property as a whole.
[6]
Environmental Analysis. The Planning Commission may require
the applicant to submit an Environmental Analysis as outlined in the
Charlestown Subdivision Regulations of the proposed development or
may contract with an outside consultant at the applicant's expense
to adequately review the application.
[7]
Access and Traffic. The design of proposed access, street layouts,
necessary traffic controls, impacts on adjacent Town or State roads,
traffic control, existing traffic conditions, and projected traffic
generation shall be reviewed by the Planning Commission.
(25)
Flea Market
(a)
Location Criteria.
[1]
The use will not constitute a nuisance because of noise, fumes,
odors, lights or physical activity in the location proposed.
[2]
The use at the proposed location will not create a traffic hazard
or traffic nuisance in relation to surrounding uses and impact the
traffic pattern of abutting uses.
[3]
The use will not interrupt or intrude with a concentration of
retail uses or impede pedestrian circulation.
(b)
Site Development Criteria.
[1]
The minimum lot size shall be one acre.
[2]
There shall be one hundred fifty feet of frontage.
[3]
Architectural Conformity. The exteriors of buildings shall be
harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
[4]
Minimum Services Required. Public restrooms for use by the general
public shall be provided. All restrooms shall be situated within an
accessory building. Public telephones are permitted provided they
shall not be within twenty feet of any street frontage and are so
located to be visible from the public right-of-way.
[5]
Site layout Required. Flea Markets shall submit a plan drawn
to a scale not smaller than one inch equals one hundred feet showing
the conceptual layout of booths, aisles, parking areas and related
buildings as part of the application for a special use permit.
[6]
Renewal of the special use permit is required on transfer of
property and/or change of ownership.
(26)
Research Lab/Facility
(a)
Location Criteria.
(b)
Site Development Criteria.
[1]
The minimum lot size shall be five acres.
[2]
A one hundred foot perimeter buffer shall be provided where
the site abuts a residential district or use.
[3]
Architectural Conformity. The exteriors of buildings shall be
harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
[4]
Master Plan/Development Plan Review required. A master plan
of all property under control or ownership for the lab/facility shall
be submitted as part of the conceptual review stage of the Development
Plan Review. The master plan shall detail all existing lots, proposed
uses, the proposed layout of streets, driveways, parking areas, landscaping,
infrastructure, environmental features and any other item the Planning
Commission deems necessary to review the property as a whole.
[5]
Environmental Analysis. The Planning Commission may require
the applicant to submit an Environmental Analysis as outlined in the
Charlestown Subdivision Regulations of the proposed development or
may contract with an outside consultant at the applicant's expense
to adequately review the application.
[6]
Access and Traffic. The design of proposed access, street layouts,
necessary traffic controls, impacts on adjacent Town or State roads,
traffic control, existing traffic conditions, and projected traffic
generation shall be reviewed by the Planning Commission.
(27)
Microbrew Pub
(c)
Site Development Criteria.
[1]
Architectural Conformity. The exteriors of buildings shall be
harmonious with its surroundings and shall include the use of brick,
stone, wood, or similar natural materials other than metal and glass.
[2]
The lot shall always be maintained in a clean and sanitary condition.
[3]
Brewery waste must be collected and disposed of in a sanitary
manner to prevent offensive odors or other nuisances.
(28)
Household Commercial Recycler
(a)
Location Criteria.
(b)
Use Criteria.
[1]
Recyclable materials shall not include biodegradable wastes,
hazardous materials, industrial scrap metals, clothing, or used furniture,
appliances, vehicles or parts thereof.
[2]
The facility shall only accept glass, metal, plastics and paper
products from residential uses.
[3]
There shall be no outside storage or handling of materials except
for unloading from collection vehicles.
[4]
The site shall be maintained in a clean and secured fashion.
(29)
Nursery/greenhouse
(a)
Use Criteria. Nursery or greenhouse shall operate in a manner
that causes no harmful effects upon abutting property, including but
not limited to:
[1]
The pollution of any waterways or waterbodies, and
[2]
The contamination of abutting property from any insecticides,
fertilizers or similar chemical agents.
[3]
No power equipment, such as gas or electric lawn mowers and
farm implements may be sold wholesale or retail. Horticultural and
landscaping services can be operated as an accessory function to the
nursery/greenhouse in business or commercial districts only.
[4]
Outdoor storage of fertilizers or chemicals is prohibited.
[5]
Where a nursery/greenhouse is located in a residential district,
activity shall be limited to the planting and growing of vegetation
and shrubs on the premises, their maintenance and incidental seasonal
sales of the native plant material.
(30)
General Store/Convenience Store.
[Added 2-11-2019 by Ord.
No. 380]
(a)
Location criteria. A general store / convenience store is permitted
by right in all commercial districts but shall not exceed 5,000 square
feet of floor area. The floor area may be on a single story or on
two stories.
(b)
Use Criteria. A general store or convenience store offers a
variety of merchandise in a single establishment. Such uses may include,
but not be limited to, foodstuff, tobacco, medicines, periodicals,
paper products, clothing, hardware and other general household items.
A general store may also provide take-out food services.
(c)
Building Design. The building design of a general store or convenience
store shall meet the following standards regardless of the district
in which it is located:
[1]
The exterior of the building shall be harmonious with its surroundings
and shall include the use of brick, stone, wood, or similar natural
or natural-appearing materials and not the use of metal.
[2]
Mansard and flat roofs are prohibited; traditional roof pitches
are required.
[3]
A general store or convenience store building which is a chain
retail subject to standardized trademark and/or logo, architecture,
merchandise, services and/or retail lay-out shall not be designed
in a way which conflicts with the applicable design standards of this
ordinance or used as a means of advertisement or promotion.
(d)
Site Development Standards. Unless a waiver is granted by the
Planning Commission, the site design for a general store or convenience
store shall meet the following standards regardless of the district
in which it is located:
[1]
All parking shall be located on the side or the rear of the
building except where not practicable; in such cases no more than
one row of parking shall be located between the front of the building
and the street.
[2]
Outside storage of merchandise shall be prohibited.
[3]
Signage for a general store or convenience store building which
is a chain retail subject to standardized trademark and/or logo, architecture,
merchandise, services and/or retail lay-out shall not be designed
in a way which conflicts with the applicable design standards of this
ordinance.
(31)
Cannabis Retail Store
[Added 6-12-2023 by Ord. No. 401]
(a)
Location Standards
[1]
A Cannabis Retail Store shall be permitted by right in the C-3 District
and by the issuance of a special use permit by the Zoning Board of
Review in the C-2 District as set forth in § 218 Attachment
1, Land Use Table, as amended.
[2]
A Cannabis Retail Store shall not be permitted within one thousand
(1,000) feet of:
(b)
Site Development Criteria
[1]
Parking shall be clearly defined with one space required for every
two hundred (200) square feet of retail.
[2]
Landscaping and perimeter buffers shall comply with all applicable provisions set forth in § 218-74, as amended.
[3]
A Cannabis Retail Store shall comply with any and all dimensional
provisions set forth in § 218 Attachment 2, Dimensional
Table, as amended, as applicable for the specific district.
(c)
Use Criteria
[3]
A plan for the mitigation of cannabis odor outside of the retail
establishment must be included as part of the permit application and
such odor emanating from the retail establishment shall not create
a public nuisance.
[4]
Safety, Security, and Emergency Response
[a]
An initial Safety and Security plan shall be created in conjunction
with the Chief of Police or his/her designee and shall be filed with
the police department, and building/zoning department as part of the
application process and shall include, but not limited to, the following;
[i]
Proposed location of and types of security devices employed;
and
[ii]
At least one security alarm system; and
[iii]
Planned measures to secure every entrance to
the establishment to prevent unauthorized entrance; and
[iv]
Access into areas containing cannabis is restricted to employees
and others permitted by the cannabis establishment to access the area
and to agents of the Rhode Island Cannabis Control Commission or state
and local law enforcement officers and emergency personnel; and
[v]
Secure inventory and equipment during and after operating hours
to deter and prevent theft of cannabis, cannabis products, and cannabis
accessories; and
[vi]
Employee-instruction manual, including security policies, personal
safety, and crime prevention techniques.
[b]
Annually the safety and security plan shall be presented for
review to the Chief of Police or his/her designee and filed with the
police department and Building/Zoning Department.
[c]
An emergency response plan shall be filed with the police and
fire departments pursuant to rules and regulations promulgated by
the Rhode Island Cannabis Control Commission.
(32)
Outdoor Cafe
[Added 2-12-2024 by Ord. No. 409]
(a)
Location criteria. An outdoor café shall only be established
adjacent to the restaurant which it is associated with, as shown on
a site plan drawn to scale which indicates the delineated seating
area, including the placement of tables, seats, planters and other
fixtures, and proximity to the restaurant entrance and/or service
window.
(b)
Site Criteria.
[1]
The outdoor café must be separated from automobile traffic
and parking areas with a physical barrier to contain and define the
area.
[2]
Any expansion of outdoor seating beyond the proximity of the restaurant,
i.e. alongside the front of another establishment, must obtain written
permission from the impacted business owner.
[3]
Adequate parking shall be provided to account for the additional
seating provided by the outdoor café.
J.
(Reserved)
K.
All other special use permit categories and uses contained in the Land Use Table at § 218-36, and not specifically listed at § 218-37, Specific Land Use Standards and Conditions, A. through J, shall be required to comply with the following specific and objective criteria and standards for individual uses, as follows:
[Added 3-25-2024 by Ord.
No. 414]
(1)
Location
Criteria. A use permitted upon the issuance of a special use permit
may be allowed subject to compliance with the following specific and
objective criteria:
(a)
The lot on which the special use permit is to be located shall comply
with all the dimensional standards for the district in which it is
located, including, but not limited to, lot size, minimum street frontage,
and minimum structure setbacks.
(b)
The lot has adequate area to meet the required parking standards
for the use proposed and all required screening and buffering with
no relief or waivers being required.
(2)
Use
Criteria. The following use criteria shall apply to a special use
permit application:
(a)
Any negative externalities from any use permitted by the special
use permit must be attenuated by appropriate remedial measures as
deemed acceptable to the Board.
(b)
Any application proposed on a parcel of ten (10) or more acres shall
submit an environmental analysis as detailed in the Charlestown Land
Development and Subdivisions Regulations.
(c)
All proposed accessory uses shall be identified and approved as a
part of the special use permit application.
(3)
Site
Development Criteria. The following site development criteria shall
apply to a special use permit application:
(b)
Traffic volumes shall be appropriate for the street classification
on which the use is located, as supported by evidence in the record.
(c)
Pedestrian circulation within the parcel and between the use and
public streets and rights-of-way shall be provided as part of the
development plans.
(d)
New buildings or building exteriors shall meet all current village
and commercial design standards for the Town.
(e)
Any outdoor storage associated with the use shall be located appropriately
and adequately screened.
A.
Prohibited Uses. Any use not specifically mentioned is prohibited. The Building Inspector shall determine if a use fits in one of the categories set forth in the District Use Table in § 218-36. Uses not classified in this Ordinance may be permitted only if such use would be according to the purposes and intent of this Ordinance and consistent with the Comprehensive Plan. The enumeration of prohibited uses shall not create an inference that the Town did not intend to prohibit other uses which are not included in the list of prohibited uses. Farming on agricultural land is a legally conforming activity in all zoning districts when abiding by Rhode Island State Laws and Regulations, dealing with agricultural issues. Normal farming practices and related agricultural activities as determined by the RIDEM. Division of Agriculture and/or R.I. General Laws, are not in violation with this Section, provided the farm is using best management practices.
B.
The following uses are specifically prohibited within the Town of
Charlestown in order to foster long term environmental sustainability.
(1)
(Reserved)
(2)
Amusement Park.
(3)
Automatic/Commercial Car Wash.
(4)
Automobile Wrecking/Recycling Yard.
(5)
Batching Plant.
(6)
Brewery or Distillery for wholesale distribution.
(7)
Bulk Fuel Depot.
(8)
Coal Distillation/Derivation from coal products.
(9)
Landfill.
(10)
Commercial Slaughterhouse.
(11)
Distillation of Bones.
(12)
Dry Cleaner-coin operated.
(13)
Dry Cleaner — Laundry Plant.
(14)
Electric Generating Plant.
(15)
Extractive Industries.
(16)
Fish Processing.
(17)
Foundry.
(18)
Gaming Facility/Casino.
(19)
Grinding Site.
(20)
Incinerator.
(21)
Manufacture and/or treatment of:
(a)
Acid,
(b)
Asphalt (and refining of),
(c)
Chlorine,
(d)
Cement,
(e)
Creosote,
(f)
Explosives (and storage of),
(g)
Fertilizer, (excluding compost),
(h)
Gas from coal or petroleum,
(i)
Glue,
(j)
Gypsum,
(k)
Lacquer,
(l)
Lime,
(m)
Linoleum,
(n)
Oils and Fats,
(o)
Oilcloth,
(p)
Paint,
(q)
Paper Products,
(r)
Plaster of Paris,
(s)
Precious metals,
(t)
Rubber,
(u)
Shellac,
(v)
Turpentine,
(w)
Varnish,
(x)
Vinegar, and
(y)
Yeast Processing.
(22)
Nuclear Fission/Fusion.
(23)
Nuclear Waste Processing/Storage Facility.
(24)
Offal/Dead Animal Reduction or Dumping.
(25)
Packing/Bailing Site.
(26)
Pawn Shop.
(27)
Petroleum Refining.
(28)
Prison(s).
(29)
Private Construction Landfill.
(30)
Private Recycling Center for grease, animal waste or construction
materials.
(31)
Single House Trailers, except according to § 218-50, Mobile Home Parks, and § 218-37A(3), Temporary Shelter
(32)
When fire or natural disaster has rendered a single-family residential
unit unfit for human habitation, the temporary use of a mobile home
located on the single-family lot during rehabilitation of the original
residence or construction of a new residence is permitted subject
to the following additional standards:
(33)
Smelting of tin, copper, zinc or iron ore, including blast furnace
or blooming mill.
(34)
Outdoor storage of unregistered or inoperable vehicles.
(35)
Tanning/Curing of Rawhides.
(36)
Tank Farm.
(37)
Tar Distillation.
(38)
Race Track.
(39)
Underground Storage of Petroleum products and/or storage of
hazardous materials unless otherwise permitted.
(40)
Installation of subsurface drainage systems or facilities to
artificially lower the groundwater table for any purpose.
(41)
Any other use that is a danger to the public's health, safety,
and general welfare because of odors, smoke, gases, dust, noise, excessive
light, or vibrations or by danger of fire or explosion.
A.
Existing Buildings and Uses. Any building or use, which was lawfully
in operation at the time of the passage of this Ordinance but is not
in conformity with the provisions of this ordinance, shall be considered
as a lawful nonconforming use.
B.
Continuance. A lawful nonconforming use shall be permitted to continue
until such use is discontinued, destroyed, demolished, or changed
to another use. If a lawful nonconforming use is halted for one continuous
year, the user shall be presumed to have abandoned the nonconforming
use, unless that presumption is rebutted by sufficient evidence of
intent not to abandon the use. The halted use shall not be allowed
to be resumed, and any future use of such structure or land shall
conform to the provisions of this Ordinance.
C.
Restoration of Accidentally Destroyed Use. A lawful nonconforming
use that is destroyed by accident or by an act of God may be restored
within two years, provided that the location and the total floor area
are not increased or altered. Nothing shall prevent the performance
of normal maintenance work on a lawful nonconforming use.
D.
Change of Use/Intensification. The Zoning Board of Review may, as a special use permit, allow for the change of a nonconforming use to a nonconforming use of a more restrictive character to more closely adhere to the purposes and intent of this Ordinance. If a lawful nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming use. A pre-existing nonconforming use of a building, structure, or land may be added to, enlarged, expanded or intensified by an additional footprint of not more than 50 percent in excess of the existing floor area, land or intensity used only if such addition, enlargement, expansion or intensification is approved by the issuance of a special use permit by the Zoning Board of Review, pursuant to the provisions of § 218-23 of this Ordinance, provided that any such alteration complies with all other dimensional and area requirements of this Ordinance in effect at the time such relief is sought.
E.
Abandonment.
(1)
A lawful nonconforming use of any land, structure or building, which
use is discontinued, upon showing a preponderance of the evidence,
including, but not limited to, evidence by overt act or failure to
act demonstrating the intent to discontinue such use by an owner,
for a period in excess of one (1) year shall be presumed to be an
abandonment of such nonconforming use. Discontinuation of use alone,
even for extended periods, is not sufficient evidence of intent to
abandon.
(2)
Upon the abandonment of a lawful nonconforming use, such use shall
not be reestablished, and any subsequent use shall conform to the
provisions of the Zoning Ordinance of the Town of Charlestown then
in effect.
F.
Variance and Special Use Permits. Any use established by variance
or special use permit shall not acquire the rights of this Section.
