A.
Purpose. It is hereby found and declared that airport
hazards may endanger the lives and property of users of the airport
and of occupants of land and other persons in its vicinity. The creation
or establishment of an airport hazard is a public nuisance and an
injury to the community. It is necessary in the interest of public
health, safety, and general welfare that the creation or establishment
of airport hazards be prevented.
B.
Height restriction. Within an airport hazard zone
overlay district, the height of structures and trees shall be restricted
to a height below the airport approach plan as prepared by the Rhode
Island Airport Corporation for the North Central Airport. All new
construction or alteration that increases the height of an existing
structure shall supply a site plan. This site plan shall display the
altitude of the land above mean sea level and shall clearly note the
height of the structure above mean sea level. Additionally, the applicant
shall provide the distance between the structure and the end of the
airport runway and the direction of the airport, and such distances
shall be clearly noted on the site plan.
C.
Existing hazards. This overlay zone shall not require
the removal, lowering or other change or alteration of any structure
not in conformance prior to the adoption of the overlay zone.
D.
Replacing nonconforming structures. Before a nonconforming
structure may be replaced, substantially altered or repaired, rebuilt,
allowed to grow higher or replanted, a special permit shall be granted
from the Zoning Board of Review. No permit shall be granted that would
allow the structure in question to be made higher or become a greater
hazard to air navigation than it was when the applicable regulation
was adopted.
E.
Abandonment. Whenever the Zoning Enforcement Officer determines that a nonconforming structure has been abandoned as defined in § 260-54K of this chapter, or more than 80% torn down, destroyed, deteriorated, or decayed: 1) no permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the zoning regulations; and 2) whether application is made for a permit under this section or not, the Zoning Enforcement Officer may by appropriate action compel the owner of the nonconforming structure, at his own expense, to lower, remove, reconstruct or equip the object as may be necessary to conform to the height limit or, if the owner of the nonconforming structure shall neglect or refuse to comply with such order for 10 days after notice thereof, the Zoning Enforcement Officer may proceed to have the object so lowered, removed, or reconstructed, or equipped and assess the cost and expense thereof upon the object or the land whereon it is located. Unless an assessment is paid within 90 days from the service of notice thereof on the agent or owner of the object or land, the sum shall bear interest at the rate of 10% per annum until paid, and shall be collected in the same manner as are general taxes.
F.
Variances for airport hazards. Any person desiring
to erect any structure, or increase the height of any structure, or
otherwise use his property, in violation of the height restriction
may apply to the Zoning Board of Review for a variance from the limitation.
Variances shall be allowed where a literal application or enforcement
of the regulations would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary to the public
interest but do substantial justice and be in accordance with the
spirit of the regulations of Chapter 3 of Title 1 of the Rhode Island
General Laws.
G.
Standards for approval. In granting any permit or
variance, the reviewing board or agency may, if it deems the action
advisable and reasonable in circumstance, condition the permit or
variance to require the owner of the structure or tree in question
to permit the Town, at the property owner's expense, to install, operate,
and maintain suitable obstruction markers and obstruction lights thereon.
A.
Purpose. The purpose of this section is to create
an overlay district in which additional review guidelines shall be
considered. Based on the Comprehensive Plan Land Use element, the
areas designated within this overlay district may have a greater impact
on the community as a whole or the immediate surrounding neighborhoods
if left to private development or redevelopment. New construction,
substantial alteration, or a change in use within the Area of Planning
Concern Overlay District shall be subject to a review by the Area
of Planning Concern Review Committee. "Substantial alteration" is
defined as an enlargement by 50% or more.
B.
Overlay district. The Area of Planning Concern Overlay
District (APC) is hereby established and construed as an overlay district.
Within the APC all regulations of the underlying district(s) shall
continue to be in full force and effect, except where these regulations
supersede such underlying requirements or provide alternatives to
such requirements.
C.
The Area of Planning Concern Review Committee shall
consist of seven members: the Planning Board Chairman; a Planning
Board member, other than the Chairman, appointed by a vote of the
Planning Board; the Chairperson of the Land Trust, or designee; the
Zoning Enforcement Officer; the Town Engineer; the Town Administrator,
or designee; and the Town Planner.
D.
The Area of Planning Concern Review Committee shall have the authority to recommend site-specific guidelines to the permitting authority reviewing the proposed project. The APC recommendations may be incorporated as conditions of approval. These guidelines should ensure that new construction, substantial alteration, or change in use is developed in a manner consistent with the Comprehensive Plan. These guidelines shall be specific and objective. These guidelines are part of this chapter and are embodied in Subsection G of this section. These guidelines shall be adopted in a manner consistent with Article XVII.
E.
The Area of Planning Concern Committee shall adopt
regulations governing the procedural conduct of the Committee's meetings.
The presence of five members shall be required for a quorum. Meetings
are not required to be set at regular intervals. Notice of a meeting
shall be made at least 14 days prior to the date of the meeting. The
applicant shall bear all costs of notification. At a minimum, such
notification shall consist of a newspaper advertisement and letters
to property owners located within 200 feet of the proposed project.
Meetings shall be open to the public and the Committee may hear testimony
and opinion from the applicant and members of the public.
F.
Applicants to the Committee shall provide nine copies
of site plans and other materials or forms that may be reasonably
required by the Committee.
G.
Guidelines. The guidelines for the Area of Planning
Concern District are as follows:
(1)
Lincoln Mall Area (Assessor's Plat 31; Lots 36, 38,
39, 40, 41, 42, 44, 45, 164, 165, 166, 167, 169, 197, Assessor's Plat
41; Lots 1, 7, 9, 10, 11, 12, 18A, 19, 51, 54, 57, 60, 61, 63, 67,
71, 72, 73, 74). This area includes both the mall and the land surrounding
it to the east and west. Given its proximity to the highway, this
area should attract creative proposals that will integrate the mall
with adjoining land uses. Development standards for this area are
described below:
(a)
The current use of the Lincoln Mall site should
be continued and encouraged.
(b)
Proposed developments shall strive to continue
and enhance the overall design theme of the district. Consideration
shall be given to building architecture, landscape elements, and sign
design.
(c)
Proposed developments shall strive to preserve
an adequate amount of undeveloped or properly landscaped areas within
the project. A landscape design plan for the project is encouraged.
(d)
The portion of Albion Road lying to the north
and east of the mall should be encouraged to contain uses that will
be compatible with the mall and will be advantageous for the mall
to allow direct access via the mall's current easterly entrance drive.
(e)
Proposed developments abutting the Albion Road
neighborhood shall strive to protect the existing residential neighborhood.
(f)
Proposed developments shall strive to reduce
erosion and sediments by the retention of existing vegetation and
the minimization of development on steep slopes. Use of new innovative
engineering methods are encouraged.
(g)
Proposed developments should not increase the
traffic impact on nearby areas. Designs to reduce the negative impacts
of existing or proposed traffic are encouraged.
(h)
Proposed developments shall not increase the
light impact on nearby areas.
(2)
Twin River Casino: (Assessor's Plat 42; Lots 24, 25,
28, 29, 30, 41, 47, 48, 49, 50.)
[Amended 9-15-2015 by Ord. No. 2015-10]
(a)
This site has been utilized for a casino gaming use since 1992, with the introduction of video lottery terminals. In turn, the site was recreated as the "Twin River Casino" with a completion of the reconstruction and a full complement of video lottery terminals in 2007. Moreover, table games were allowed by the voters pursuant to the 2012 Referendum. In addition, the General Assembly has enacted recent legislation to remove the prohibition on the construction and operation of a hotel at or in close proximity to the Twin River Casino and that such use shall remain subject to all of the Town of Lincoln's land use regulations and ordinances. As such, development of what is now the Twin River Casino site may be allowed as an accessory by right to the casino gaming and entertainment use, as subject to the Town of Lincoln Land Use Regulations and subject to Subsection G(2)(b) through (f), below.
(b)
Buffering of the surrounding land uses should
be of primary consideration.
(c)
Proposed development shall not increase the
traffic impact on nearby neighborhoods. Any significant traffic impacts
caused by an enlargement, expansion, or reuse of Lincoln Park should
be properly mitigated.
(d)
Proposed development shall not increase the
light impact on nearby neighborhoods.
(e)
Proposed development shall not increase the
noise impact on nearby neighborhoods.
(f)
Development should be of the most benefit to
the Town in terms of taxes and jobs.
A.
Purpose. The Watershed and Wellhead Protection Overlay
District is hereby established to preserve surface and subsurface
water resources through the use of commonly accepted best management
practices during and after development.
B.
Overlay district. The Watershed and Wellhead Protection
Overlay District (WWPOD) is hereby established and construed as an
overlay district. Within the WWPOD all regulations of the underlying
district(s) shall continue to be in full force and effect, except
where these regulations supersede such underlying requirements or
provide alternatives to such requirements.
C.
Activities subject to review. All new construction
and substantial alteration to structures within this overlay district
shall be subject to an additional review by the Lincoln Water Commission.
A.
Purpose. The purpose of this overlay district is to
minimize hazards to persons and property from inland flooding, to
protect watercourses from encroachment and to maintain the capacity
of floodplains to retain and carry off floodwaters. For the purpose
of this section, "other development" is defined as any action which
constitutes a use of land or structure, exclusive of actions, which
require the issuance of a building permit under the Building Code.
Such development shall include, but not necessarily be limited to,
the following:
(1)
Earth, gravel, and mineral removal or extraction;
(2)
Alteration of the topography by cutting, filling or
grading;
(3)
The storage of bulk materials outside of a structure;
(4)
Construction or placement of facilities not normally
requiring a building permit such as sheds, tanks, paved areas and
similar facilities.
B.
Overlay district. The Flood Hazard Overlay District
(FHOD) is hereby established and construed as an overlay district.
The FHOD applies to any construction or other development which lies
wholly or partly within Special Flood Hazard Zones A, A1-A30 as identified
on the Town Flood Insurance Rate Maps (FIRM), and the National Flood
Insurance Program and the Federal Emergency Management Agency on the
"Floodway-Flood Boundary and Floodway Map of the Town of Lincoln,
Rhode Island, Panel 4 of 9, Community-Panel Number 445400 0004, Map
Revised: August 2, 1982," on file with the Town Clerk, Town Engineer,
and Building Inspector. These maps as well as the accompanying Federal
Emergency Management Agency — Flood Insurance Study, Town of
Lincoln, Rhode Island, Providence County — February 2, 1982,
are incorporated herein by reference. Within the FHOD all regulations
of the underlying district(s) shall continue to be in full force and
effect, except where these regulations supersede such underlying requirements
or provide alternatives to such requirements.
C.
Regulations. In addition to applicable requirements
of the Building Code, the Town of Lincoln's Land Development and Subdivision
Regulations, and this chapter, the following requirements shall apply
to any construction or other development when located wholly or partly
within Zones A, A1-A30:
(1)
Except where covered by a building permit issued under
the authority of the Building Code, any proposed construction or other
development shall require the issuance of a development permit by
the Building Inspector.
(2)
Prior to the issuance of a development permit, the
applicant shall submit evidence that all necessary permits and approvals
from all government agencies from which approval is required by federal,
state, or local law have been obtained.
(3)
The applicant shall provide data showing the minimum
and maximum elevation above sea level of the lot or site.
(4)
No flood area may be altered or relocated nor shall
any other encroachment be permitted in a manner which will, in the
opinion of the Building Inspector, result in any decrease in flood-carrying
capacity. Where any alteration or relocation is authorized, notification
shall be made to the Rhode Island Department of Environmental Management
and the office of the Federal Insurance Administration and adjacent
communities.
(5)
The filling of land may be permitted in Zone A only
under the following conditions:
(6)
Adequate drainage shall be provided for any construction
or other development so as to reduce the exposure of the lot or site
or any other land areas to flood hazards.
(7)
No outdoor storage of bulk materials or equipment
shall be permitted in Zones A, A1-A30 which is likely to cause damage
to property, obstruction of floodwaters, create a potential fire hazard
or pollute the waters during flood periods. Such material or equipment
shall include but not be limited to lumber or other floatable materials,
water-soluble materials, volatile or flammable materials, acids or
poisons.
(8)
Provisions shall be made for anchoring facilities,
equipment and yard features which are capable of flotation or movement
in floodwaters. Such items shall include but not necessarily be limited
to: fences, planters, sheds, animal shelters, tanks, storage boxes,
vehicles, boats and other items normally positioned or stored on a
lot or site outside of a structure.
(9)
In A, A1 - A30 Zones, for new or substantially improved
mobile home parks:
D.
Floodways adopted. Floodways are those portions of
the special flood hazard area which must be preserved in order to
discharge the one-hundred-year flood without cumulatively increasing
the water surface elevation more than one foot at any point. The floodway
areas designated by the National Flood Insurance Program and the Federal
Emergency Management Agency on the "Floodway — Flood Boundary
and Floodway Map of the Town of Lincoln, Rhode Island, Panel 4 of
9, Community-Panel Number 445400 0004, Map Revised: August 2, 1982,"
are hereby adopted as the official regulatory floodway encroachment
areas for this subsection. In the Floodway, as designated on the Flood
Boundary and Floodway Map, the following provisions shall apply:
(1)
All encroachments, including fill, new construction,
substantial improvements to existing structures, and other development
are prohibited unless certification by a registered professional engineer
is provided by the applicant demonstrating that such encroachment
shall not result in an increase in flood levels during the occurrence
of the one-hundred-year flood.
(2)
The placement of mobile homes, except in an existing
mobile home park or mobile home subdivisions, are prohibited in the
floodway.
A.
The purpose of the Blackstone River Valley Overlay
District is to define river compatible uses and land management practices
so as to restore the Blackstone River to health and protect Lincoln
residents' quality of life.
B.
Any new construction or substantial alteration on
land in this area shall be subject to an additional review by the
Zoning Enforcement Officer.
C.
This review shall take into consideration the following
factors:
(1)
Riverbank protection;
(2)
Compatible land uses for the river corridor;
(3)
Public access to the river;
(4)
Density and design of structures and the site;
(5)
Consistency of development with the Lincoln Comprehensive
Plan;
(6)
Reduction of the effects of erosion, stormwater runoff
and contaminant runoff.
D.
Potentially polluting uses are prohibited in this
overlay district.
A.
The purpose of Moshassuck River Valley Overlay District
is to define river compatible uses and land management practices so
as to protect the Moshassuck River Valley.
B.
Any new construction or substantial alteration on
land in this area shall be subject to an additional review by the
Zoning Enforcement Officer.
C.
This review shall additionally include the following
factors:
(1)
Setback of buildings as far from the river as possible;
(2)
Minimization of the impacts of development on the
river;
(3)
Restoration of the river and riverbanks to a more
natural state;
(4)
Minimization of runoff into the river;
(5)
Consistency of development with the Lincoln Comprehensive
Plan.
D.
Potentially polluting uses are prohibited in this
district.
A.
Purpose. The purpose of this section is to create
an overlay district:
(1)
To allow for conversion of Lincoln's historic mills
while preserving the character of nearby residential and commercial
neighborhoods;
(2)
To encourage the preservation, reuse and renovation
of historic mill properties; and
(3)
To promote diversified housing opportunities and uses
such as commercial, retail or office use, or a combination of such
uses.
B.
Overlay district. The Mill Conversion Overlay District
(MCOD) is hereby established and construed as an overlay district.
Within the MCOD all regulations of the underlying district(s) shall
continue to be in full force and effect, except where these regulations
supersede such underlying requirements or provide alternatives to
such requirements.
C.
Location. The MCOD shall consist exclusively of the
following properties:
(1)
Sayles Finishing Plant, Assessor's Plat 2, Lots 17,
74, 77, 81, 82, 84, 86, 87, 88, 88A, 89, 90, 91, 92, 93, 94, 95, 96,
97, 98, 99, 100, 101, 105, 107, 109, 113, 115.
(2)
Lonsdale Bleachery Complex, Assessor's Plat 5, Lots
1, 55, 56, 58, 60, 61, 62, 63, 64, 65, 67, 69, 70, 71, 72, 74, 75,
77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 90, 92, 93, 95, 96,
98, 99, and Assessor's Plat 12, Lot 210.
(3)
Cotton Warehouse, Assessor's Plat 35, Lots 176 and
193.
D.
Special permit required. Within the MCOD a mill conversion
project (MCP) may be constructed upon the issuance of a special use
permit by the Zoning Board. No other use or structures shall be permitted
in conjunction with an MCP, except as specifically provided herein.
A proposed MCP must encompass the entire building and/or complex.
The application must describe all proposed uses and existing uses
to remain within the project.
E.
Special permit granting authority. The Zoning Board
shall serve as the special use permit granting authority pursuant
to this section. The MCOD special use permit may be combined with
other requested special use permits for the proposed project. An application
for a special use permit shall be governed by the following rules.
F.
Application. An application for a special use permit
shall be submitted to the Zoning Board on forms furnished by the Zoning
Enforcement Officer in accordance with its regulations. In addition,
the applicants shall submit:
(1)
Plans. The following plans:
(a)
A site plan and all supporting documents as
set forth in the application.
(b)
A plan at an appropriate scale showing the topography
of the site at a minimum of two-foot intervals, as well as vegetation
and special features, including wetlands, perennial streams and ponds,
waterways, waterfalls, canals and dams, trees of more than eight inches
caliper, rock outcroppings, slopes in excess of 15%, existing and
proposed trails and paths, open vistas, structures of historical importance
and biological or wildlife habitats, and proposed conservation and
recreation easement areas.
(c)
A plan illustrating preliminary landscaping
and architectural design, showing types, location and layout of buildings,
and typical elevations, as well as general height, bulk and appearance
of structures. Perspective drawings may be subsequently required by
the Zoning Board.
(e)
A plan describing the care, custody, and control
of all dams and water rights, if applicable to the site.
(2)
Narrative reports. The following narrative reports
or data is required:
(a)
A proposed development schedule showing the
beginning of construction, the rate of construction and development,
including construction phases if applicable, and the estimated date
of completion.
(b)
A development impact statement prepared by a
qualified professional detailing the impact of the development, at
all phases including construction and operation, on:
(c)
Information pertaining to any organization which
the applicant proposes to form whether the development is to be a
condominium or other ownership organization, including forms and plans
to be used to organize and manage the same, for approval as to form
by the Town Solicitor.
(d)
Copies of all proposed covenants, easements,
and other restrictions which the applicant proposes to grant to the
Town, utility companies, any condominium or other ownership organization
and the owners thereof, including plans of land to which they are
intended to apply, for approval as to form by the Town Solicitor.
(e)
A concise narrative prepared by a preservation
consultant including any and all historical information to be submitted
to the Zoning Board. This narrative will include:
[1]
Architectural history of all structures on site,
including period, style, method of building construction, and association
with any particular architect or builder.
[2]
Any important association with one or more historic
persons or events.
[3]
Any cultural, political, economic, or social
history of the site or any of its structures to the Town, State of
Rhode Island, or the United States of America.
(f)
Evidence that the proposed MCP is consistent
with the applicable standards of the National Park Service and/or
the Rhode Island State Historical Society.
(g)
Any and all other information that the Zoning
Board may reasonably require in a form acceptable to it to assist
in determining whether the applicant's proposed development meets
the objectives of this section.
(3)
Additional information. The applicant is strongly
encouraged to meet with the Zoning Enforcement Officer before submitting
the proposed MCP. The Zoning Enforcement Officer may require additional
supporting documentation and/or plans based on the nature and complexity
of the proposed MCP.
G.
Fees. The applicant shall pay an administrative fee
pursuant to the rules of the Zoning Board.
H.
Waiver. The Zoning Board may waive the submittal of
technical information or documents otherwise required hereunder where
the applicant demonstrates that, due to the simplicity of the proposal,
such information is not necessary for or applicable to the Zoning
Board's decision pursuant to this section.
I.
Standards. In order to be eligible for consideration
for a special use permit pursuant to this Section, the proposed development
shall meet all of the following standards:
(1)
Buffer. A buffer area of 100 feet shall be provided
at the perimeter of the property where it abuts residentially zoned
or occupied residential properties, except for driveways necessary
for access and egress to and from the MCP; provided, however, that
existing structures and existing access roadways are exempt from the
requirements set forth herein. However, existing structures and parking
areas shall not be made more nonconforming except for American's with
Disability Act (ADA) compliance. No vegetation in this buffer area
will be disturbed, destroyed or removed, except for normal maintenance.
The Zoning Board may waive the buffer requirement when the Zoning
Board determines that a smaller buffer will suffice to accomplish
the objectives set forth herein.
(2)
Removal and replacement of vegetation. Within the
site, no clear cutting shall be permitted, except as authorized by
special permit and incidental to construction of buildings, roads,
trails, and parking areas. The Zoning Board may require suitable landscaping
or replacement of vegetation.
(3)
Roadways. The principal roadway(s) within the site
shall be adequate for the intended use and vehicular traffic and shall
be maintained by the owner of the roadway.
(4)
Number of parking spaces. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of Article V or other applicable provisions herein. The Zoning Board may increase the required parking by up to 10% to serve the needs of residents, employees, visitors and service vehicles. The Zoning Board may reduce the otherwise required number of parking spaces where the applicant demonstrates that an adequate number of spaces will be provided.
(5)
Commercial vehicles. Commercial vehicles owned or
operated by owners or tenants of the MCP, or their agents, servants,
licensees, suppliers and invitees, shall be parked inside a garage
or suitably screened and designated area, except for delivery or service
vehicles in the active service of receiving or delivering goods or
services.
(6)
Parking areas. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways. All parking areas shall conform to Article V of this chapter. Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas; provided, however, that the Zoning Board may waive these provisions for existing parking lots and/or existing buildings. Parking lot layouts shall be planned to permit landscaped buffers or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional fencing, hedges, walls or landscape berms to define parking areas is encouraged.
(7)
Paving. Paving should be textured or of different
materials at pedestrian crossings and walkways and is encouraged.
The use of stone, brick, or cultured stone pavers for entrance walkways
is encouraged. The use of textured materials for walkway borders is
encouraged.
(8)
Paths. The Zoning Board may require paths, which shall
be attractively designed with regard for convenience, separation of
vehicular, bicycle and pedestrian traffic, adequate connectivity,
completeness of access to the various amenities and facilities on
the site and to pathways or sidewalks on adjacent sites.
(9)
Loading. Loading areas may be required by the Zoning
Board where deemed necessary for the efficient operation of the MCP.
Screening and landscaping shall be provided to block all views of
loading areas (except those specifically designated for emergency
vehicles) from the public right-of-way and adjacent properties.
(10)
Stormwater management. The stormwater management
system(s) shall be designed in accordance with the Town of Lincoln's
Land Development and Subdivision Regulations, as amended.
(11)
Utilities. All electric, gas, telecommunications,
water distribution lines, and sewer lines shall be placed underground,
except upon a demonstration of exceptional circumstances. The facility
shall be served by the municipal water and sewerage systems.
(12)
Emergency systems. The MCP shall have an integrated
emergency call, and/or telephone and/or other communications system
for its residents and/or tenants. There shall be sufficient site access
for public safety vehicles. A plan shall be approved by the local
Fire Department for the emergency evacuation of the residents with
emphasis on ensuring the safety of residents with physical impairments.
(13)
Lighting. Illuminated signs, parking lot lighting,
building floodlighting, or other exterior lighting shall be so designed
and arranged that the collective result does not create so much light
overspill onto adjacent premises that it casts observable shadows,
and so that it does not create glare from unshielded light sources.
J.
Number of dwelling units. The maximum number of dwelling
units shall be established by the Zoning Board after reviewing the
following criteria.
(1)
Existing structures;
(2)
Trip generation, traffic safety, and internal site
traffic;
(3)
Character of the proposed MCP and its relation to
the surrounding neighborhood(s);
(4)
Character of the existing buildings and the potential
for reuse thereof;
(5)
Number of affordable units, beyond the minimum required,
proposed by the applicant;
(6)
Development impact statement; and
(7)
Reports and recommendations of all other reviewing
boards.
K.
Number of bedrooms. The Zoning Board shall ensure
the diversification of dwelling units within an MCP by establishing
the number of dwelling units with one, two, or three bedrooms, but
not more than 10% of the units shall be three bedrooms.
M.
New buildings. Within the MCP, new buildings may be
constructed in accordance with the following requirements:
(1)
The number, type, scale, architectural style, and
uses within such new building shall be subject to Zoning Board approval.
N.
Affordable dwelling units. As a condition of granting
a special use permit for an MCP, a minimum of 25% of the total number
of dwelling units shall be required and restricted as affordable dwelling
units for a period not less than 30 years.
(1)
The thirty-year restriction shall be approved as to
form and substance by legal counsel to the Zoning Board. Following
the thirty-year affordability period, a right of first refusal upon
the transfer of such restricted units shall be granted to the Lincoln
Housing Authority for a period of not less than 120 days after notice
thereof;
(2)
Affordable dwelling units shall be integrated into
the overall development of an MCP so as to prevent the physical segregation
of such units;
(3)
The applicant shall be encouraged to seek designation
as affordable dwelling units which qualify as part of the affordable
housing inventory as approved and compiled by Rhode Island Housing
and Mortgage Finance Corporation. The Zoning Board may require that
the applicant affirmatively take steps to utilize the Lincoln Housing
Authority, a public agency, a nonprofit agency, limited dividend organization,
or other appropriate entity, so as to timely furnish all forms and
information necessary to have those units referenced in said paragraphs
designated as affordable dwelling units, qualifying as part of the
affordable housing inventory. The Zoning Board may require submission
of application, forms, and appropriate information to Rhode Island
Housing and Mortgage Finance Corporation as a condition of approval.
O.
Review by other boards and commissions. The Zoning
Board may require the MCP to be reviewed by other Town boards and
commissions based on the nature and complexity of the proposed MCP.
P.
Action by the Zoning Board. The Zoning Board after
considering reports from other boards and/or commissions may grant
a special use permit for an MCP where it makes the following findings:
(1)
The proposed MCP constitutes an appropriate renovation
as defined above; and
(2)
The proposed MCP does not cause substantial detriment
to the surrounding neighborhood after considering:
(a)
Noise during the construction and operational
phases;
(b)
Pedestrian and vehicular traffic;
(c)
Environmental harm;
(d)
Visual impact caused by the character and scale
of the proposed structure(s); and
(e)
For the consequences that may be set forth in
the development impact statement for the MCP.
