Article VI Land Use Regulations

Commercial 1: C-1

Commercial 2: C-2

Commercial 3: C-3

Other Standard Districts.

Planned Development: PDD

Industrial: I

Open Space/Recreation: OSR

Municipal: M

Traditional Village District: TVD

Overlay Districts. The following overlay districts are hereby established:

Flood Hazard Areas

Groundwater Protection Overlay: GWP

Historic Village Overlay: HV

Scenic Roadways (Reserved)

Mixed-Use Zoning Overlay District

Other Land within the Town.

Narragansett Indian Tribe Settlement Lands.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Other Standard Districts:

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.

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.

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.

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.

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.

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.

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.

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.

§ 218-34 Interpretation.

When uncertainty exists as to the boundaries of districts as shown on the Official Zoning Maps, the following rules shall apply:

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.

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.)

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.

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.

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.

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.

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.

Where conflicts occur between the regulations of this Ordinance and other regulations effective within the Town, the more restrictive of the regulations shall apply.

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.

§ 218-35 District use Allowances.

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.

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.

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.

A use listed in any district without a letter or a blank space is not permitted.

A use listed in any overlay district by the letter "U" is determined allowable by consulting the underlying zoning district permitted uses.

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.

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.

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:

No interpretation shall allow the establishment of any use which was previously considered and rejected.

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.

No interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.

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.

Any use permitted pursuant to this Section shall fully comply with all requirements and standards imposed by this Ordinance.

§ 218-36 Land Use Table. [1]

§ 218-37 Specific Land Use Standards and Conditions.

Editor's Note: The Land Use Table is included as an attachment to this chapter.

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.

Carnival/Circus/Public events. A carnival/circus/public event may be permitted subject to all other applicable federal, state and local laws.

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.

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:

Required water and sanitary facilities must be provided.

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.

The mobile home shall be removed from the property upon the issuance of any occupancy permit for the new and rehabilitated residence.

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.

General Standards and Requirements. Any number of different accessory structures may be located on a parcel, provided the following requirements are met;

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.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Ordinance.

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]]

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.

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.).

Editor's Note: This ordinance also redesignated former Subsection B(1)(c) through (h) as Subsection B(1)(d) through (i), respectively.

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.

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.

No accessory structure shall be used for the storage of hazardous, incendiary, or noxious materials.

Motor vehicles, mobile homes, trailers or recreational vehicles shall not be used as accessory storage buildings, utility buildings, or other like uses.

Gasoline stations can not be considered an accessory use.

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.

Agricultural Operations.

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:

The pollution of any waterways or waterbodies, and;

The contamination of abutting property from improper application of insecticides, fertilizers, or similar chemical agents.

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.

Sale of vegetative products not raised on the premises.

Sale of compost or manure produced on the premises only.

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.

Retail sales of farm-related products.

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.

Farm Retail Sales Building.

Retail sales may be conducted upon a farm as follows:

Within a principal dwelling;

Within a barn, garage, storage shed, or similar accessory building, or;

Within a single building devoted solely to retail sales provided that the total cumulative floor area of such building(s) does not exceed one thousand two hundred square feet per farm.

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):

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.

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.

All food shall be prepared and packaged upon the premises.

No food sold to the public shall be consumed by the public on the premises.

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.

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.

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:

The land has been enrolled as Farm Land in accord with the provisions of R.I. Gen. Laws Section 44-27-1, et seq., and its implementing regulations; and

The lot of land is not less than twenty-five (25) acres in area.

(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.

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:

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

The lot of land is not less than 15 acres in area.

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.

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.

Utilities.

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.

Telecommunication Towers/Poles.

[Amended 4-7-2011 by Ord. No. 336]

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:

Establish locations of towers and minimize the total number of towers throughout the community, while providing seamless coverage;

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;

Facilitate the use of public/municipal property and structures for the siting of towers and antennas;

Address public safety concerns associated with the siting of wireless communications facilities, including towers, antennas and related facilities, equipment and structures;

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.

Applicability

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.

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.

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.

WIRELESS COMMUNICATIONS FACILITY

Definitions

ANTENNA

The surface from which wireless radio signals are sent and/or received by a personal wireless service facility.

CAMOUFLAGED

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.

CARRIER

A company that provides personal wireless services, also sometimes referred to as a provider.

CO-LOCATION

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.

EQUIPMENT SHELTER

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.

LATTICE TOWER

A type of mount with multiple legs and structural cross bracing between the legs that is self-supporting and free standing.

MONOPOLE

A self-supporting tower with a single shaft that is designed for the placement of antennas and arrays along the shaft.

TELECOMMUNICATIONS TOWER

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.

General Conditions

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.

Tower Design.

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.

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.

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.

General Requirements. All wireless communications facilities shall be erected, installed, maintained and used in compliance with all applicable federal and state laws and rules.

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.

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.

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.

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.

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.

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.

Special Use Permits

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.

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:

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;

Height of the proposed tower or antenna and setbacks in relation to lot boundaries, existing structures, public streets and residences;

Nature of uses on the subject parcel and on the adjacent nearby properties;

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including appearance and color;

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.

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:

A narrative report that shall describe the following relating to the request for the telecommunications tower, antenna and/or related facility installation:

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;

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;

The basis for calculation of equipment load and carrying capacity;

Evidence that the proposed tower and/or facility is as visually unobtrusive as possible given technical, engineering and other pertinent considerations;

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.

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.)

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.

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.

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.

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

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.

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:

Site boundaries, dimensions, zoning setback lines, and wetlands within the site.

Topography at two-foot intervals

Tower or pole location and height

Size and location of accessory building, equipment or structures, parking and access

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

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

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.

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.

Design and Development Standards

Setbacks, Height and Separation

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.

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).

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.

Landscaping and Screening:

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.

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.

Site Requirements:

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.

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.

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.

Equipment shelters for communication towers shall be designed consistent with one of the following design standards:

Equipment shelters shall be located in underground storage vaults; or

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

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.

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.

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.

The tower shall be designed to accommodate the maximum number of uses technologically practical.

Private utility Towers and buildings.

Special Use Permit will be required

Submittal requirements of ARTICLE VI § 218-37D(2)(b) as applicable

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]

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.

RESIDENTIAL WIND ENERGY FACILITY HEIGHT

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.

RATED OUTPUT

The electric power production of the turbine, as specified by the manufacturer.

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.

Application Procedures for Residential Wind Energy Facilities.

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.

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.

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.

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.

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.

Application requirements shall include the following materials:

Site plan. The applicant shall submit a site plan with the following information:

Property lines and physical dimensions of the subject property;

Location, dimensions and types of existing structures on the property;

Location of the proposed wind turbine, foundations, guy anchors and associated equipment;

Setback distances between the wind energy facility and property lines, with evidence of compliance with the setback requirements of Subsection D(4)(g); and

Location of any overhead utility lines.

Engineering Details and Specifications. The applicant shall submit the following details for the proposed wind energy facility:

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;

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

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.

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.

Additional Standards for Residential Wind Energy Facilities that require a special-use permit.

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.

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.

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.

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.

Siting Standards for all Residential Wind Energy Facilities.

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.

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.

Aesthetic and Design Standards for all Residential Wind Energy Facilities.

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.

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.

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.

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.

Support Towers. Monopole towers are required for wind energy facilities taller than 35 feet above grade.

Safety and Environmental Standards for all Residential Wind Energy Facilities.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Projections of windowsills, cornices and other ornamental features may extend not more than two feet into a required yard area from the basic structures.

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.

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.

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.

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.

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.

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.

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.

Standards for Individual Uses

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.

[Amended 9-23-2024 by Ord. No. 422]

Gasoline Stations

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, or physical activity in the location proposed.

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.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

The use shall be and is located within a highway commercial or general business zone and shall not adjoin or abut a residential district.

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.

Site Development Criteria.

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.

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.

Prohibited Uses. The following uses shall not be performed in conjunction with any gasoline station.

The storage of equipment or vehicles for sale, lease or rental.

The outdoor major repair, service or maintenance of motor vehicles.

The painting and body work of motor vehicles.

The storage of wrecked or abandoned vehicles.

The use of the lot as a commercial parking lot.

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.

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.

Vending Machines and Portable Display Racks.

All types of vending machines except ice machines shall be located inside the building.

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.

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.

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.

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.

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.

All landscaped planters shall be enclosed with a brick or concrete curb not less than six inches above the finished grade of the site.

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.

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.

Inns/motels/hotels

Site Development Standards.

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.

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.

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.

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.

Gift or souvenir shop.

Shop for convenience foods and sundries.

Dining Rooms, restaurants and coffee shops having a gross floor area of less than two thousand square feet. Drive-in facilities shall not be permitted.

Apparel shops.

Travel agencies.

Bed & Breakfasts

Use Criteria.

No restaurant shall be permitted. Food service shall be limited to breakfast and to resident overnight guests only for no additional fee.

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.

No amplified music, outdoor parties or similar activities for commercial purposes shall be allowed.

All requirements of the Health Department, the Fire Marshall's Office and the Rhode Island State Building Code shall be met if required.

The owner or manager of a bed and breakfast shall maintain a reservation book or a registration log.

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.

Site Development Criteria.

One off-street parking space shall be provided for each guest room besides the parking required for the single family dwelling unit.

The parking area shall not be located within the setbacks of any required yard.

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.

Riding Stables.

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.

Private Stables.

A special use permit may be granted for each horse, donkey, pony, or mule subject to the following provisions:

Minimum lot size shall be forty thousand square feet in addition to any area required for paddocks and/or pastures.

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.

The lot shall at all time be maintained in a clean and sanitary condition, to be free from offensive odors or other nuisance features.

Manure must be collected and maintained in a sanitary manner to prevent offensive odors, fly breeding or other nuisances.

Pasture fencing shall be provided in a manner to safely contain the animals on the property.

Commercial Stable. Where permitted by special use permit, commercial stables are subject to following minimum standards:

Minimum lot size shall be ten acres besides any area required for paddock and/or pastures.

The paddock areas, corrals and all structures for the housing of animals shall be at least one hundred feet away from any property line.

All roads and parking areas shall be surfaced to be dust free.

Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line.

The lot shall always be maintained in a clean and sanitary condition, to be free from offensive odors or other nuisance features.

Manure must be collected and maintained in a sanitary manner to prevent offensive odors, fly breeding or other nuisances.

Pasture fencing shall be provided in a manner to safely contain the animal on the property.

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

Location Criteria.

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.

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.

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.

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.

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.

Site Development Criteria.

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.

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.

No driveway shall be within two hundred feet of a street intersection.

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.

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.

The required drive-thru stacking lane shall not intersect with pedestrian access.

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.

Stacking lanes and spaces shall be separated from other internal driveways by raised medians and landscaping.

Driveways shall be at least twenty-four feet wide. No driveway shall be allowed within fifty feet of another driveway.

Prohibited Drive-In Uses.

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.

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

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.

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.

Permitted Uses. Besides the principal use as a golf course, the following uses are permitted as an accessory use to the golf course subject to all other rules and provisions of this Ordinance.

Clubhouse.

Dining facilities.

Tennis courts.

Swimming pool.

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

General Standards.

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.

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.

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:

Dogs must be leashed while entering and exiting the facility

There shall be no overnight boarding

Any outside use of the property for the dogs must be supervised and the dogs must be on leashes

Dogs inside the facility must not be heard beyond the property lines

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)

Pet waste shall not be disposed of into drains or into the septic system of the facility

Solid pet waste onsite must be scooped up daily before the close of business

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

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

Intent. It is the intent of this Ordinance to permit such home occupations which:

Are incidental to the use of the premises as a residence;

Are compatible with residential uses;

Are limited in extent; and

Do not detract from the residential character of the neighborhood.

Permitted Home Occupations. Home occupations are permitted if they conform to the following:

Visitors, customers, or deliveries shall not exceed those normally and reasonably occurring for a residence.

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.

There shall be no signs on the property except for one identification sign as permitted in ARTICLE XI, Signs.

Home occupations shall comply with all local, state and/or federal regulations pertinent to the activity.

Prohibited Home Occupations. The following shall not be permitted as home occupations:

Motor Vehicle or boat repair.

Beauty salons and barber shops.

Health salons, dance studio, and aerobic exercise studios.

Limousine or cab service.

Medical or dental office.

Mortician, hearse service.

Painting of motor vehicles or boats.

Tow truck services.

Veterinary/Grooming/Boarding Services.

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:

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.

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

Location Criteria.

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.

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.

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

Location Criteria. Clubs may be allowed by special use permit subject to the following:

A minimum lot size of the zoning district in which it is located;

A minimum front and rear yard of forty feet;

A minimum side yard of twenty feet;

In residential districts, the yard requirements shall be doubled.

Use Criteria.

Off-street parking shall be screened and landscaped and not located in required yard setbacks.

Traffic volumes shall be appropriate for the street classification on which the use is located.

The proposed application shall not impact the visual, audio, or aesthetic character of the abutting neighborhood.

Application Criteria. The application for a special use permit shall include, but is not limited to, the following information:

Type of activity,

Expected peak use and building capacity,

Anticipated time of peak activity,

Expected future growth of facilities.

(18)

Day Care

Site Development Criteria.

Day Care uses shall provide for the safe access without affecting traffic safety on adjacent roads or creating a nuisance to abutting residential uses.

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

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.

Use Criteria.

Automotive repairs, whether major or minor, shall not be permitted as a home occupation.

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.

All repair work and outside areas shall be screened so it is not visible from off the premises.

(20)

Private Gasoline Island

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, or physical activity in the location proposed.

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.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

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.

Site Development Criteria.

No canopy, pump or pump island, shall be located within, project into, or overhang any required minimum front yard or side yard area.

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.

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

Location Criteria.

The use will not constitute a nuisance because of noise, or physical activity in the location proposed.

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.

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.

Use Criteria.

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.

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.

Site Development Criteria.

The minimum lot size shall be forty thousand square feet.

There shall be one hundred and fifty feet of frontage on a Town accepted and maintained road.

A landscaped buffer of seventy-five feet shall be provided to any adjacent residential district or use.

The site shall be located adjacent to the appropriate water quality designation that allows active recreational water activities for humans.

(22)

Drive-in Theater

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

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.

Use Criteria.

Accessory uses permitted are a ticket/entry booth, a concession stand, and public restrooms.

Site Development Criteria.

The minimum lot size shall be five acres.

The site shall be adjacent to a road dedicated to the public and maintained by the State.

A seventy-five foot perimeter buffer shall be provided where the site abuts a residential district or use.

(23)

Private School/College.

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

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.

Site Development Criteria.

The minimum lot size shall be five acres.

The site shall be adjacent to a road dedicated to the public and maintained by the State.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

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.

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.

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.

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.

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

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, lighting or physical activity in the location proposed.

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.

Site Development Criteria.

The minimum lot size shall be five acres.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

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.

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.

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.

Flea Market

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, lights or physical activity in the location proposed.

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.

The use will not interrupt or intrude with a concentration of retail uses or impede pedestrian circulation.

Site Development Criteria.

The minimum lot size shall be one acre.

There shall be one hundred fifty feet of frontage.

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.

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.

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.

Renewal of the special use permit is required on transfer of property and/or change of ownership.

(26)

Research Lab/Facility

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, or lights in the location proposed.

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.

Site Development Criteria.

The minimum lot size shall be five acres.

A one hundred foot perimeter buffer shall be provided where the site abuts a residential district or use.

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.

Microbrew Pub

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, lights or waste in the location proposed.

No microbrewery shall be allowed within five hundred feet of a municipal building, recreation area or facility, public or private school or church.

Use Criteria.

There shall be no dancing, floor show or other live entertainment permitted.

Site Development Criteria.

The lot shall always be maintained in a clean and sanitary condition.

Brewery waste must be collected and disposed of in a sanitary manner to prevent offensive odors or other nuisances.

(28)

Household Commercial Recycler

Location Criteria.

The use will not constitute a nuisance because of noise, fumes, odors, litter or lights in the location proposed.

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.

Use Criteria.

Recyclable materials shall not include biodegradable wastes, hazardous materials, industrial scrap metals, clothing, or used furniture, appliances, vehicles or parts thereof.

The facility shall only accept glass, metal, plastics and paper products from residential uses.

There shall be no outside storage or handling of materials except for unloading from collection vehicles.

The site shall be maintained in a clean and secured fashion.

Site Development Criteria.

No structure or use of the facility shall be located any closer than one hundred feet to a residential use or district.

(29)

Nursery/greenhouse

Use Criteria. Nursery or greenhouse shall operate in a manner that causes no harmful effects upon abutting property, including but not limited to:

The pollution of any waterways or waterbodies, and

The contamination of abutting property from any insecticides, fertilizers or similar chemical agents.

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.

Outdoor storage of fertilizers or chemicals is prohibited.

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]

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.

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.

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:

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.

Mansard and flat roofs are prohibited; traditional roof pitches are required.

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.

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:

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.

Outside storage of merchandise shall be prohibited.

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]

Location Standards

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.

A Cannabis Retail Store shall not be permitted within one thousand (1,000) feet of:

A pre-existing public or private daycare or school providing education in pre-school, kindergarten, or any grades one through twelve; or

A pre-existing children's playground; or

A pre-existing church or house-of-worship; or

A municipal building.

Site Development Criteria

Parking shall be clearly defined with one space required for every two hundred (200) square feet of retail.

Landscaping and perimeter buffers shall comply with all applicable provisions set forth in § 218-74, as amended.

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.

Use Criteria

Signs shall comply with all applicable provisions set forth in § 218-63, as amended.

All exterior lighting shall comply with all applicable provisions of Chapter 155 Article III of this code.

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.

Safety, Security, and Emergency Response

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.

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.

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]

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.

Site Criteria.

The outdoor café must be separated from automobile traffic and parking areas with a physical barrier to contain and define the area.

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.

Adequate parking shall be provided to account for the additional seating provided by the outdoor café.

(33)

Public Storage Units

[Added 9-23-2024 by Ord. No. 422]

Location Criteria. Public storage units are allowed by Special Use Permit in the C3 and Industrial Districts.

Operation Criteria. An applicant for a public storage facility shall submit a separate management plan which includes the following restrictions and requirements:

No storage of vehicles, fuel, or anything hazardous or flammable.

No exterior storage.

The inclusion of a spill prevention and containment plan.

Hours of operation, shall be limited to 7 am to 9 pm.

A security plan that includes means of monitoring use, including video monitoring and an attendant on site during operating hours.

Site Criteria.

Emergency Access. The site circulation must be designed so that emergency vehicle access is provided to all buildings and individual units.

Lighting. Exterior lighting shall be limited to building mounted lights and provided only for security or emergency purposes activated by motion detectors and in compliance with the Charlestown Dark Sky Lighting ordinance (Article III of Chapter 155 of the Code).

Parking. The number of parking spaces shall be only those necessary to accommodate general parking and employee parking. Public storage units with outside access shall not require parking spaces for those units.

Buffers. Buffers shall be governed by the relevant provisions set forth in Landscaping, § 281-74 of the Charlestown Zoning Ordinance.

Signage. One ground mounted business sign with hours of operation shall be permitted in conformance with the dimensional standards contained in § 218-63 of Article XI, Signs. The numbering of individual buildings or units as a means of identification is allowed but no signage of a personal or business nature shall be permitted on individual units.

Building Design and Screening.

Storage unit buildings may be either one or two stories. All buildings shall be designed to have the appearance of a typical commercial building with proportionate building features (building mass, roof pitch, door and window openings).

The configuration and design of the buildings within the facility shall be such that long sections of unarticulated building facades visible from a public street are minimized.

The storage facility buildings and any necessary screening shall be compatible with traditional building design that blend in with the surroundings.

(Reserved)

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]

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:

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.

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.

Use Criteria. The following use criteria shall apply to a special use permit application:

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.

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.

All proposed accessory uses shall be identified and approved as a part of the special use permit application.

Site Development Criteria. The following site development criteria shall apply to a special use permit application:

Off-street parking shall conform to § 218-58 and not be located in required yard setbacks.

Traffic volumes shall be appropriate for the street classification on which the use is located, as supported by evidence in the record.

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.

New buildings or building exteriors shall meet all current village and commercial design standards for the Town.

Any outdoor storage associated with the use shall be located appropriately and adequately screened.

All exterior lighting shall comply with Chapter 155, Article III, of the Charlestown Code of Ordinances.

§ 218-38 Prohibited uses.

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.

The following uses are specifically prohibited within the Town of Charlestown in order to foster long term environmental sustainability.

(Reserved)

Amusement Park.

Automatic/Commercial Car Wash.

Automobile Wrecking/Recycling Yard.

Batching Plant.

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:

Acid,

Asphalt (and refining of),

Chlorine,

Cement,

Creosote,

Explosives (and storage of),

Fertilizer, (excluding compost),

Gas from coal or petroleum,

Glue,

Gypsum,

Lacquer,

Lime,

Linoleum,

Oils and Fats,

Oilcloth,

Paint,

Paper Products,

Plaster of Paris,

Precious metals,

Rubber,

Shellac,

Turpentine,

Varnish,

Vinegar, and

Yeast Processing.

Nuclear Fission/Fusion.

(23)

Nuclear Waste Processing/Storage Facility.

(24)

Offal/Dead Animal Reduction or Dumping.

(25)

Packing/Bailing Site.

Pawn Shop.

Petroleum Refining.

Prison(s).

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.

Tank Farm.

Tar Distillation.

Race Track.

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.

§ 218-39 Nonconforming Uses.

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.

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.

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.

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.

Abandonment.

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.