[Amended 12-19-2003 by Ch. No. 2709]
[Amended 12-20-2023 by Ch. No. 3287]
The Pawtucket Riverfront Commission (hereinafter
called the "Riverfront Commission" or the "Commission") is hereby
established in accordance with the Subdivision Review Enabling Act
of 1992, R.I.G.L. 45-23, as amended, as a technical review committee
to review and regulate all structures and uses of land or structures
within the RD1, RD2, RD3 Zoning Districts (hereinafter sometimes collectively
referred to as the riverfront districts). The purpose of such review
shall be the reasonable application of the police power of the City
to protect the public from possible detrimental impacts of certain
types of development and certain large-scale development while at
the same time reasonably accommodating the goal of economic development
within the City. The purpose is also to apply urban design principles
that are respectful of the river by sustaining public access, maintaining
view corridors, regulating height and bulk of structures, and permitting
a diversity of uses.
[Amended 12-20-2023 by Ch. No. 3287]
A.
The Commission shall be the review body for all formal development plan review of development that is permitted by right within the riverfront districts, pursuant to Article IIIA of this chapter.
B.
Where development within the riverfront districts requires either
a special-use permit, a variance, a zoning ordinance amendment, and/or
a zoning map change, or where a land development project is proposed
within the riverfront districts or the development applies for but
does not receive a modification, the Commission shall review such
development or land development project in accordance with the procedures
set forth herein, although such review shall be only advisory to the
permitting authority.
A.
The Commission shall be authorized to review all improvements
on public and private land in the riverfront districts, including
the construction, reconstruction, alteration, repair, demolition,
removal, rehabilitation of the exterior of new and existing buildings
and appurtenances, except as otherwise provided in this article.
B.
The Commission, with the approval of the Director
of Planning and Redevelopment (hereinafter the "Director"), may engage
technical, clerical, or legal assistance to aid in the discharge of
its duties.
C.
The Commission may refer any matter before it to any
other board, commission or official of the City, or to any state or
federal agency, for review and comment.
A.
The Commission shall consist of six members appointed
by the Mayor and confirmed by the City Council and three members appointed
by the City Council and approved by the Mayor, each to hold office
for the term of three years; provided, however, that the original
appointments shall be made for terms of one, two, and three years,
respectively, with five members being appointed to each such term
so that the overall appointments are thus staggered, for a total of
nine members. Appointed members of the Commission may include members
of the City Council.
[Amended 8-23-2017 by Ch. No. 3139]
B.
The Commission members shall be residents of the City
of Pawtucket, as defined by the City Charter.
[Amended 8-23-2017 by Ch. No. 3139]
C.
If not appointed to the Commission as a voting member,
the Director shall serve as an exofficio nonvoting member.
D.
Appointees shall be reasonably expected to serve the
full term and shall be expected to attend most meetings of the Commission.
E.
Members may be reappointed upon the completion of
their terms.
F.
A member may be removed for cause, in accordance with
the bylaws of the Commission. Cause may include, but is not limited
to, missing more than three consecutive meetings without permission
from the Chair.
[Amended 8-23-2017 by Ch. No. 3139]
G.
If a vacancy occurs on the Commission, for whatever
reason at any time, the vacancy shall be filled in accordance with
the original appointments to fill the unexpired term. Vacancies shall
be filled within 90 days.
H.
No member may participate in any way whatsoever on
any matter for which he or she would have a conflict of interest as
defined by Rhode Island law and the Rhode Island Ethics Commission.
As soon as any conflict of interest for a member occurs or is revealed,
that member shall immediately recuse himself or herself, and shall
not sit as an active member, and shall take no part in the conduct
of the meeting or hearing on such matter. The member shall notify
the Chairperson in writing (or notify the Vice Chairperson if the
conflict is for the Chairperson), and the member shall also notify
the Rhode Island Ethics Commission, in writing, as required by law.
[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]
A.
Once a year, during the month of March, the Commission
shall organize by electing from its membership a Chairperson and Vice
Chairperson, and the members shall also notify the Rhode Island Ethics
Commission, in writing, as required by law.
B.
The Director shall assign staff to support and work
with the Commission. Such staff may serve as Secretary to the Commission,
or the Commission may appoint one of its members as Secretary.
C.
Applications and correspondence to the Commission
shall be sent to the Commission in care of the Director. The Director
shall file all records and decisions of the Commission.
The Commission shall establish written rules
of procedure, in keeping with the provisions of this article, within
six months of the adoption of this article. A copy of the rules of
procedure shall be forwarded to the Mayor and all members of the City
Council.
A.
The Chairperson shall preside over all Commission
meetings and shall have the right to vote. The Vice Chairperson shall,
in the case of absence or disability of the Chairperson, perform the
duties of the Chairperson.
B.
Meetings shall be held at the call of the Chairperson,
the Director, or by written request of any three members of the Commission.
C.
All meetings of the Commission shall be open to the
public and shall be posted and comply in all respects with the Rhode
Island Open Meetings Act.
D.
Three members shall constitute a quorum of the Commission.
However, any action of the Commission shall be passed or adopted by
the affirmative vote of a majority of all the members of the Commission.
E.
If a proposed development is also within the Pawtucket
Historic District and subject to the review of the Pawtucket Historic
District Commission (HDC), the Riverfront Commission and the HDC may
hold a joint hearing.
F.
The Commission shall keep a record of all proceedings,
findings, decisions and actions, and such record shall be open to
the public. All decisions evidencing the granting of an application
shall be recorded in the Land Evidence Records of the City. No permit
shall be issued until the decision is properly recorded in said Land
Evidence Records.
The following actions shall be excepted from
development plan review, but only upon application to and written
decision by the Director:
A.
Change of use. A use otherwise subject to DPR is changed to another use that is permitted on the same legal basis as the prior use, and the new use is listed in the same category in § 410-12, the Table of Use Regulations, of this chapter.
B.
Expansion. An expansion of an existing structure by
not more than 200 square foot, on a cumulative basis.
C.
Minor change of approved plan. A development previously
approved is the subject of a minor change, which is hereby defined
as any change that does not substantially impact the proposed development
project or any of the neighboring properties and that meets all of
the following criteria:
D.
Rehabilitation. A rehabilitation of an existing structure
where the cost of such rehabilitation does not exceed 50% of the fair
market value of the structure prior to such rehabilitation.
E.
Other agencies. No approval is required from the Rhode
Island CRMC or the Pawtucket Historic District Commission.
The following uses when located within the Riverfront District shall be subject to DPR or be deemed to be an LDP when any action is taken that requires the issuance of a building permit or certificate of occupancy, or when requiring a variance or special use permit or amendment to the Zoning Ordinance or Zoning Map, other than as excepted in § 410-14.1 above:
A.
Enumerated uses.
(1)
Nonresidential uses. All nonresidential development
(including but not limited to: commercial, retail, industrial, or
institutional) calculated as to the entire development, both existing
and proposed, where any of the following apply:
|
Criteria
|
Development
Plan Review
|
Land Development
Project
| |
|---|---|---|---|
|
The GFA is greater than:
|
200 square feet
|
20,000 square feet
| |
|
Parking is either required or provided for more
than:
|
5 vehicles
|
20 vehicles
| |
|
The lot area of the entire parcel is equal to
or greater than:
|
10,000 square feet
|
20,000 square feet
| |
|
The cost of rehabilitation is more than 50%
of the value of the property prior to rehabilitation:
|
50%
|
N/A
| |
|
Any new landscaping within 200 feet of the Blackstone
River:
|
All
|
N/A
| |
|
Any use serving food and/or alcohol that has
a legal capacity equal to or exceeding:
|
20 people
|
50 people
| |
|
Any use within the jurisdiction of RI CRMC or
Pawtucket HDC:
|
All
|
N/A
| |
|
Any use that discharges any materials or fluids,
including stormwater, into the Blackstone River:
|
All
|
N/A
|
(2)
Residential use. Any residential use, calculated
as to the entire development, both existing and proposed, where any
of the following apply:
|
Criteria
|
Development
Plan Review
|
Land Development
Project
| |
|---|---|---|---|
|
There are dwelling units equal to or more than:
|
3 dwelling units
|
10 dwelling units
| |
|
There are rooming units equal to or more than:
|
6 rooming units
|
12 rooming units
| |
|
For lots containing more than two dwelling units,
the lot area of the entire parcel is equal to or greater than:
|
10,000 square feet
|
20,000 square feet
|
(3)
Referral by City officials. Any other permitted
use that is specifically referred in writing to the Commission for
development plan review by the Building Inspector, the Administrative
Officer, the Zoning Enforcement Officer, or the Director.
[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]
There are two different DPR processes, one for those uses that
are permitted as of right, and a second process for those uses requiring
a special use permit and/or a variance, a zoning ordinance amendment,
and/or a Zoning Map change or where a land development project is
proposed within the Riverfront Districts. The Riverfront Commission
shall have the administrative power and duty, in accordance with the
requirements of this article and the Subdivision and Development Review
Regulations (the "regulations"), to review all plans for the proposed
development.
A.
Uses permitted by right. The decision by the Riverfront Commission
shall be binding. Such decision shall be in writing and shall comply
with all requirements of the regulations, including those for filing
of records and decisions.
B.
Uses not permitted by right.
(1)
A use requiring a special use permit and/or a variance shall
be subject to DPR by the Planning Commission.
(2)
The review by the Riverfront Commission shall be advisory only
to the permitting authority. Such advisory opinion shall be in writing
and shall comply with all requirements of the regulations, including
those for filing of records and decisions. The permitting authority
may reject the advisory opinion of the Riverfront Commission, when
considering the application before them.
(3)
Land development projects. When a land development project is
proposed within the riverfront districts, it shall be subject to review
by the Riverfront Commission prior to review by the permitting authority.
(a)
Scope of review. The review by the Riverfront Commission shall
be advisory only to the permitting authority. Such advisory opinion
shall be in writing and shall comply with all requirements of the
regulations. The permitting authority may reject the advisory opinion
of the Riverfront Commission, when considering the application before
them.
[Amended 12-20-2023 by Ch. No. 3287]
The review by the permitting authority shall be based upon the criteria set forth in § 410-15.1I, and in addition:
A.
The plans for such project comply with all the requirements of this
article.
A.
RD1 - Riverfront Public Open.
(1)
All permitted public buildings shall be set
back a minimum of 30 feet from the edge of the river.
(2)
Buildings shalt be sited to maintain and maximize
views of the river from any park or open space.
(3)
Public art is permitted in the RD1 Riverfront
Public Open District, provided that no structural element will block
views of the river.
B.
RD2 - Riverfront Industrial.
(1)
Existing nonconforming industrial uses shall not be permitted to expand or extend their operations in this zone. Any relief from this provision shall be required to meet the test of a use variance as provided in § 410-113 (Standards for relief), in this chapter.
(2)
Buildings shall be set back a minimum of 15
feet from the edge of the river.
(3)
Buildings shall be sited to maintain and maximize
views of the river from the lot immediately facing the river.
(4)
Buildings on lots that are outside the perimeter
boundary of 200 feet of the river shall have the facade built directly
on the build-to line along at least 70% of its length. The unbuilt
portion of the build-to line shall have a landscaped edge of a minimum
depth of four feet.
(5)
Buildings on lots shall cover no more than 60%
of the lot area.
(6)
The maximum height shall be 40 feet, measured
from the existing grade.
(7)
Lot line setbacks shall equal the average prevailing
setback of existing structures.
C.
RD3 - Riverfront Mixed Use.
(1)
Existing nonconforming commercial uses shall not be permitted to expand or extend their operations in this zone. Any relief from this provision shall be required to meet the test of a use variance as provided in § 410-113 (Standards for relief), in this chapter.
(2)
Buildings shall be set back a minimum of 15
feet from the edge of the river.
(3)
Buildings shall be sited to maintain and maximize
views of the river from the lot immediately facing the river.
(4)
Buildings on tots that are outside the perimeter
boundary of 200 feet of the river shall have the facade built directly
on the build-to line along at least 70% of its length. The unbuilt
portion of the build-to line shall have a landscaped edge of a minimum
depth of four feet.
(5)
New buildings on lots shall cover no more than
60% of the lot area.
(6)
The maximum height shall be 40 feet, measured
from existing grade.
(7)
Lot line setbacks shall equal the avenge prevailing
setback of existing structures.
As a part of DPR or LDP approval, the following
improvements, among others as specified in this chapter and the Regulations,
may be required;
A.
Sidewalks or easements for future sidewalks to connect
buildings within the site to adjacent sites and to the river. Where
the development is in proximity to a bicycle path, adequate bicycle
pathway connections and bicycle racks.
B.
Construction of travel lanes to permit travel on the
site and to and from adjacent parking areas and adjacent property
or, where deemed necessary, a separation between parking areas.
C.
Connection wherever possible of all walkways, travel
lanes and driveways with similar facilities in adjacent developments
and along the river.
D.
Adequate drainage system for the disposition of storm
and natural waters without negatively impacting the river.
E.
Temporary and permanent erosion and sedimentation
control measures to protect the river and its banks.
F.
Screening, fences, walls, landscaped areas, planting
strips and other landscaping treatment will enhance and buffer the
premises and ensure compatibility with surrounding uses, but which
will not obstruct the views of and from the river. The types, sizes,
and methods of planting may be specified.
G.
The location of signs in relationship to overall plan.
H.
Mitigation of negative impacts and performance or
maintenance guarantees as deemed necessary and appropriate.
A.
An applicant, or any aggrieved party, may appeal a
decision of the Riverfront Commission to Providence County Superior
Court within 20 days of the filing of the decision of the Riverfront
Commission with the Director.
[Amended 12-20-2023 by Ch. No. 3287]
(1)
The appeal shall be heard in the same manner
and pursuant to the same procedures as an appeal from the Planning
Commission, as set forth in Chapter 23 of Title 45 of the General
Laws of Rhode Island (as amended).
B.
No appeal may be taken from an advisory opinion of
the Riverfront Commission.
