A.
Where a use is allowed in this chapter as a special use rather than allowed by right, such use may be granted to any person, group, agency or corporation only through the issuance of a special use permit by the Zoning Board of Review under the procedures of Article XII herein, or the Planning Board under the unified development review process as defined in § 185-5.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
An applicant may apply for, and be issued, a dimensional
variance and special use permit simultaneously or may apply for a
dimensional variance for a lot or lots whose use was established previously
by the issuance of a special use permit. The Zoning Board of Review
shall consider the special use permit and the dimensional variance
together to determine if granting the special use is appropriate based
on both the standards for granting a special use permit and those
standards for a dimensional variance.
[Added 12-3-2001 by Ord. No. 2001-5]
[Amended 12-4-2023 by Ord. No. 2023-12]
A use requiring a special use permit in Article IV and elsewhere in this chapter may be permitted by the Zoning Board of Review following a public hearing only if, in the opinion of the Board, such proposed use and its location on the site meets each of the following requirements:
[Added 12-4-2023 by Ord. No. 2023-12]
Prior to the issuance of a special use permit, the Zoning Board
of Review, or Planning Board under unified development review as appropriate,
shall make affirmative findings on the following criteria for the
respective use.
A.
Two-family dwelling.
(1)
One unit is affordable and only on lots that contain at least
the minimum size area as shown on the Dimensional Regulations Table.[1]
[1]
Editor's Note: The Dimensional Regulations Table is included as an attachment to this chapter.
F.
Accessory apartment interior.
(1)
Reserved for one or more members of the family of the owner-occupant
of the principal residence.
G.
(Reserved)
H.
Hotel or motel.
(1)
A sprinkler system and fire alarm shall be provided as determined
by the Fire Safety Code.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the hotel or motel shall
be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
I.
Tourist home or lodging house.
(1)
A sprinkler system and fire alarm shall be provided as determined
by the Fire Safety Code.
(2)
A signage plan that clearly identifies the tourist home or lodging
house shall be submitted with the special use permit application.
(3)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(4)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
J.
Golf course, not including commercial driving range or miniature
golf course.
(1)
A list of chemicals applied to the grounds is provided with
the special use permit application. A list of any future chemicals
applied to the grounds shall be submitted to the permitting authority
prior to their application.
M.
Outdoor event use and accessory outdoor event use.
(1)
Specific hours of operation are included as a condition of approval
such that the use does not disturb the peace.
(2)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(3)
A parking plan.
(4)
A circulation plan demonstrating safe pedestrian and vehicular
circulation to the satisfaction of the permitting authority, which
may include a dropoff area and/or a traffic impact study.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
N.
Marina.
(1)
Meets parking requirements of § 185-78A(13).
(2)
No boat is kept in the same location for more than 500 days.
(3)
Winter boat storage is subject to an egress plan approved by
the Fire Department.
(4)
Composting, recycling, and waste bins are readily available
for patrons.
P.
Yacht club, including entertainment and/or alcoholic beverages.
(1)
Meets parking requirements of § 185-78A(13).
(2)
No boat is kept in the same location for more than 500 days.
(3)
Winter boat storage is subject to an egress plan approved by
the Fire Department.
(4)
All entertainment conducted pursuant to an entertainment license
from the Town.
(5)
Composting, recycling, and waste bins are readily available
for patrons.
Q.
Religious building.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
At least one outdoor gathering space immediately outside the
main entrance sufficient to hold congregant to fire code standards
shall be shown on the plans.
(c)
A designated dropoff area near an entrance to the building with
a queuing lane that does not block vehicle parking spaces calculated
as 5% of facility's capacity as determined by the fire safety
code, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the place of worship
and denomination of the congregants shall be submitted with the special
use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
R.
Hospitals or health care facilities.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated dropoff area near an entrance to the building sufficient
to hold at least four vehicles that does not block vehicle parking
spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors
to the different driveways and building entrances.
(2)
Sufficient healthcare design shall be demonstrated through the
submission of the architect's certification letter as required
by the Rhode Island Department of Health.
(3)
A signage plan that clearly identifies the facility and all
wayfinding shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
S.
Congregate health care facility.
(1)
Lot coverage does not exceed 30%.
(2)
Submission of the architect's certification letter as required
by the Rhode Island Department of Health.
(3)
Landscaping and architectural treatment is in harmony with the
surrounding residential development. The building and grounds shall
be maintained so as to enhance the appearance of the premises.
(4)
Provisions for outdoor passive recreation are provided in the
form of paved walks and patios and include benches and similar facilities.
Area devoted to passive recreation is equal at least 10% of the lot
or premises.
(5)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated dropoff area near an entrance to the building sufficient
to hold at least one vehicle for every 20 residents that does not
block vehicle parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors
to the different driveways and building entrances.
(d)
Delivery and waste removal locations and schedules that do not
disturb the peace.
(6)
Sufficient health care design shall be demonstrated through
the submission of architectural plans stamped by a Rhode Island licensed
architect with the special use permit application that includes wayfinding
directing patients and visitors to the different care destinations.
(7)
A signage plan that clearly identifies the facility and all
wayfinding shall be submitted with the special use permit application.
(8)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(9)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(10)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
T.
Cemetery.
(2)
A signage plan that clearly identifies the cemetery and all
wayfinding shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
U.
Day-care center.
(1)
The applicant shall provide proof of state licensing.
(2)
No day-care center shall be located within a 300-foot distance
from gasoline pumps, underground gasoline storage tanks, or any other
storage and/or use of hazardous, explosive and/or flammable materials,
said 300 feet to be measured from the perimeter of the property on
which the day-care center is proposed. No child day-care center shall
be sited in a location which exposes children to commercial and/or
industrial land uses and/or activities which involve toxic emissions,
noxious odors, and/or other potential dangers.
(3)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(4)
A signage plan that clearly identifies the day-care center shall
be submitted with the special use permit application.
(5)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(6)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(7)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
V.
School.
(1)
The applicant shall provide proof of licensing as required.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 5% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(3)
A signage plan that clearly identifies the school shall be submitted
with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
W.
Cultural activity.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(2)
Culturally appropriate design shall be demonstrated through
the submission of architectural plans stamped by a Rhode Island licensed
architect with the special use permit application.
(3)
A signage plan that clearly identifies the place of activity
shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
X.
Electric power substation, electric generator, telephone exchange
not open for public business, water pumping station, well field, or
sewage pumping or lift station.
(1)
Generate no perceptible noise, vibration, emissions, odor or
electrical interference from outside the property.
(2)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(3)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
Y.
High-voltage transmission tower or line or water storage tower.
(1)
There shall be a minimum setback of 100 feet from any residential
property.
Z.
Cellular communications, private.
(1)
There shall be a minimum setback of 30 feet from any residential
property line and where the use is a freestanding tower a minimum
of 30 feet from lot lines.
(2)
Where wireless telecommunications are installed on buildings,
a parapet shall be installed to minimize the adverse visual impact
of the tower and/or antenna.
AA.
Utility pole.
(1)
Sensitive environmental design through the submission of a site
plan stamped by a Rhode Island licensed landscape architect identifying
materials utilized in the installation and view corridors.
(2)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AB.
Public sanitary landfill area or recycling center.
(1)
Generate no perceptible noise, vibration, emissions, odor or
electrical interference from outside the property.
(2)
A delivery and removal plan that demonstrates no disturbance
to the peace.
(3)
A maintenance plan that sufficiently demonstrates minimal refuse
will unintentionally move around the site.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AC.
(Reserved)
AE.
Supermarket, convenience/drug store, community or regional shopping
center, and package, liquor store.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(2)
A traffic impact study stamped by a Rhode Island licensed civil
engineer that shows no decrease in service at any period in time for
facilities that require land development project review.
(3)
A signage plan that clearly identifies the business and its
driveway and building entrances shall be submitted with the special
use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AF.
Food preparation and/or sales and art supplies, book, card, gift,
novelty, hobby, jewelry, music, magazine, tobacco, toy store or shop,
or dry-cleaning facility.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(2)
A traffic impact study stamped by a Rhode Island licensed civil
engineer that shows no decrease in service at any period in time for
facilities that require land development project review.
(3)
A signage plan that clearly identifies the business and its
driveway and building entrances shall be submitted with the special
use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AG.
Apparel and sporting goods store and automotive sales.
(1)
No outdoor storage/display outside of business hours.
(2)
No outdoor storage/display inside setbacks.
(4)
A traffic impact study stamped by a Rhode Island licensed civil
engineer that shows no decrease in service at any period in time for
facilities that require land development project review.
(5)
A signage plan that clearly identifies the business and its
driveway and building entrances shall be submitted with the special
use permit application.
(6)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(7)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AH.
Mortuary or funeral home.
(1)
Generate no perceptible noise, vibration, emissions, odor or
electrical interference from outside the property.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the mortuary or funeral
home shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AI.
(Reserved)
AJ.
Automatic car-washing facility.
(1)
An operations plan is submitted with the special use permit
demonstrating that 75% of water will be reused. The car-washing facility
shall adhere to the operations plan for the duration of its special
use permit.
(2)
Whether washing of vehicles occurs inside or outside a building,
the entire washing area shall be paved and all the water used in such
washing shall be properly drained into the sanitary sewer system with
no runoff onto the public right-of-way.
(3)
All outdoor activities shall be screened from adjoining residential
zones by a four-foot-high compact evergreen screen or tight-board
fence.
(4)
When vacuums are included on the site, they shall include mufflers
to reduce the sound of the equipment to a maximum of 85 decibels.
(5)
Compost, recycling, and trash receptacles shall be placed near
all vacuum stations as applicable and at the car wash entrance.
AK.
Veterinary office or animal hospital.
(1)
Landscaping (a hedge of compact evergreens) or a tight-board
fence must be installed along all interior lot lines.
(2)
Exterior exercise areas shall be located in the interior side
or rear yard and shall be enclosed by a six foot fence.
(3)
All overnight boarding operations shall be located indoors.
AL.
Vehicle rental office.
(1)
All outdoor display areas where items are left overnight are
secured by a four foot fencing.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(3)
A signage plan that clearly identifies the vehicle and/or bike
rental office shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted for review and approval prior to completion of any operational
or physical alterations to the subject property.
AM.
Gasoline filling station and automotive repair garage.
(1)
The filling station premises shall be located not less than
200 feet from the premises or any park, playground or other public
recreational facility, school or municipal building, church or other
place of worship, religious or educational institution, cultural center,
cemetery or hospital.
(2)
There is vertical separation of at least four inches between
the use and adjoining sidewalks or roadways.
(3)
There is a landscaped planting area of at least three feet along
all edges of the use.
(5)
Requirements for structures:
(a)
Minimum distance between pump islands, compressed air connections
and similar equipment and any street or property lines shall be 20
feet.
(b)
Minimum distance between the canopy and the street line shall
be 12 feet.
(c)
Minimum distance between any canopy and compressed air and similar
equipment and any interior lot line shall be 20 feet.
(6)
Requirements for underground tanks:
(a)
Maximum storage capacity for petroleum products shall be 42,000
gallons.
(b)
Minimum separation distance required between underground tanks
adjoining buildings and property lines shall be 10 feet. Service station
buildings are exempt from the separation distance requirement if there
are no basements or pits that extend below the top of any tank within
the separation distance.
(7)
Requirements for repairing and washing vehicles. Repairing must
be conducted wholly within a building. Repair work shall not include
any body work. Storage of all merchandise, auto parts and supplies
shall be conducted wholly within a building. If washing of vehicles
occurs inside or outside a building, the entire washing area shall
be paved and all the water used in such washing shall be properly
drained into the sanitary sewer with no runoff onto the public right-of-way.
All outdoor activities shall be screened from adjoining residential
zones by a four-foot-high compact evergreen screen or tight-board
fence.
(8)
Outside storage of vehicles. Storage of any vehicles intended
to be repaired shall be limited to one vehicle for every 500 square
feet of lot area.
(9)
No motor vehicles shall be stored and no repair work and/or
service work shall be conducted in the public right-of-way.
(11)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AO.
Theater.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
Outdoor gathering space immediately outside the main entrance
sufficient to hold the property's largest theater's fire
code occupancy shall be shown on the plans.
(c)
There shall be a designated dropoff area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 5% of facility's property's largest
theater's fire code occupancy, rounded up to the nearest whole
number.
(2)
A signage plan that clearly identifies the use and wayfinding
to the theater(s) shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AP.
Indoor commercial recreation, other than amusement games.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated dropoff area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 1% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the use shall be submitted
with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AR.
Cannabis cultivator, product manufacturer, and testing laboratory.
(1)
No marijuana establishment shall be combined with residential
use of property.
(2)
No outside storage of marijuana, related supplies, or promotional
materials shall be permitted.
(3)
Marijuana facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides, or other chemicals or products
used in the cultivation or processing of marijuana are dispersed into
the outside atmosphere; and
(b)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the marijuana facility, or any adjoining use of property.
An odor control plan shall be submitted that provides for adequate
ventilation, detailing the specific odor-emitting activities or processes
to be conducted on-site, the source of those odors, the locations
from which they are emitted from the facility, the frequency of such
odor-emitting activities, the duration of such odor-emitting activities,
and the administrative and engineering controls that will be implemented
to control such odors, including maintenance of such control.
(4)
The marijuana facility shall be screened along side and rear
lot lines with a solid wall or fence a minimum of six feet in height.
(5)
Lighting shall be required such that it will illuminate the
use, its immediate surrounding area, any accessory uses including
storage areas, the parking lot(s), its front facade, and any adjoining
public sidewalk. Wherever possible, lighting shall be directed straight
downward and full-cutoff fixtures shall be used in order to prevent
glare or light trespass.
AS.
Cannabis retailer.
(1)
No marijuana establishment shall be combined with residential
use of property.
(2)
No outside storage of marijuana, related supplies, or promotional
materials shall be permitted.
(3)
Marijuana facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides, or other chemicals or products
used in the cultivation or processing of marijuana are dispersed into
the outside atmosphere; and
(b)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the marijuana facility, or any adjoining use of property.
An odor control plan shall be submitted that provides for adequate
ventilation, detailing the specific odor-emitting activities or processes
to be conducted on-site, the source of those odors, the locations
from which they are emitted from the facility, the frequency of such
odor-emitting activities, the duration of such odor-emitting activities,
and the administrative and engineering controls that will be implemented
to control such odors, including maintenance of such control.
(4)
The marijuana facility shall be screened along side and rear
lot lines with a solid wall or fence a minimum of six feet in height.
(5)
Lighting shall be required such that it will illuminate the
use, its immediate surrounding area, any accessory uses including
storage areas, the parking lot(s), its front facade, and any adjoining
public sidewalk. Wherever possible, lighting shall be directed straight
downward and full-cutoff fixtures shall be used in order to prevent
glare or light trespass.
(6)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(7)
A traffic impact study stamped by a Rhode Island licensed civil
engineer that shows no decrease in service at any period in time.
(8)
A signage plan that clearly identifies the business and its
driveway and building entrances shall be submitted with the special
use permit application.
(9)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee prior to
the issuance of a certificate of occupancy as sufficiently safe and
updates shall be submitted to and approved by the Chief of Police
or their designee. The security plan shall not be submitted to the
Zoning Board of Review. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(10)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
AT.
Drive-through.
(1)
There shall be no on-site stacking lane within 50 feet of a
residential property.
(2)
The applicant shall provide information on the following:
(a)
Nature of the product or service being offered.
(b)
Method by which an order is processed.
(c)
Time required to serve a typical customer.
(d)
Anticipated arrival rate of customers.
(e)
Peak demand hour.
(f)
Approval of the anticipated vehicular stacking plan to ensure
no stacked cars will be in the right-of-way and will not increase
traffic in adjacent residential neighborhoods required.
(3)
There shall be no microphone and amplification system within
150 feet of a residential structure. Amplification systems shall not
be directed at abutting properties.
(4)
Queuing areas shall be screened from adjoining residential zones
by a four-foot-high compact evergreen screen or tight-board fence.
(5)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(6)
A signage plan that clearly identifies the business, its driveway
and building entrances, and drive-through progression shall be submitted
with the special use permit application.
(7)
A traffic study stamped by a Rhode Island licensed civil engineer
that shows no decrease in service at any period in time.
(8)
Any future changes to those items depicted on the plans need
to be submitted for consideration as a new special use permit.
In addition to the standards of § 185-73, when reviewing a special use permit application for the change in a nonconforming use to another nonconforming use, or for the extension, addition to or enlargement of a nonconforming use, the Zoning Board of Review shall require that the applicant demonstrate each of the following:
A.
That it will not result in the creation of or increase
in any undesirable impacts related to the use, such as excessive noise,
traffic and waste generation.
B.
That the general visual appearance of the nonconforming
use shall not be altered in a way so as to heighten or make more apparent
its nonconformity and, where possible, shall be improved so as to
be more consistent with the surrounding area.
C.
That it will not have a negative impact on the natural
environment or on any historic or cultural resource.
D.
That the resulting nonconforming use will be a beneficial
use to the community.
In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XV and Article XVI of this chapter, relating to off-street parking and off-street loading, respectively, the Zoning Board of Review shall require that the applicant demonstrate the following:
A.
That, based upon projected use and level of activity
for a given development proposal, strict application of the parking
and/or loading requirements would be excessive.
B.
That, as a result of such relief, the proposed development
will be enhanced either in terms of visual appearance or through the
provision of additional amenities, such as landscaping and buffering,
walkways, bicycle racks and/or street furniture; or that there is
some clear public or environmental benefit.
C.
That the safe and proper operation of the business
will in no way be compromised.[1]
[1]
Editor's Note: Former Subsection D, providing standards for
parking facilities not constructed entirely on or adjacent to the
site of the principal use, added 1-10-2000 by Ord. No. 99-13, which
immediately followed, was repealed 2-6-2012 by Ord. No. 2012-1.
[Amended 11-3-1997 by Ord. No. 97-10]
A.
In addition to the standards of § 185-73, when reviewing a special use permit application for relief of the requirements of Article XVII of this chapter, relating to signs, the Zoning Board of Review shall require that the applicant demonstrate the following, where relevant:
(1)
That the establishment of the sign in a completely
conforming manner will result in significant damage to the associated
business.
(2)
That the establishment of the sign which is nonconforming
by size will result in a clear visual improvement to a site by virtue
of its replacement of an existing nonconforming sign.
(3)
That the location or illumination of a sign in a nonconforming
manner is necessary to achieve its intended visual effect.
(4)
That the use of an internally illuminated sign will
in no way constitute a public hazard or result in additional light
or glare than that which would occur from an external lighting source.
