1.
A Special Use Permit is required for the following
uses:
c)
Enlargement of a structure on a substandard lot of record according to the provisions of Article VI, Section A.
d)
Alterations to or change in use of non-conforming uses according to the provisions of Article VI, Section B and C.
f)
Apartments, condominiums, cluster development
or townhouses, as further defined in Section C. herein.
g)
Hotels and Motels, as further defined in Section
D. herein.
h)
Antennas, as further defined in Section E. herein.
i)
Light Industry, as further defined in Section
F. herein.
j)
Retail, Office or Consumer services Complex,
as further defined in Section G. herein.
k)
All proposed uses in the Town Center District that are not prohibited per Article V, Section B.
[Added 10-27-2004]
l)
Agriculture - special events.
[Added 6-8-2015 by Ord. No. 2015-06-08]
2.
Designation as a special use permit does not constitute
an authorization or an assurance that such use will be permitted.
Rather, each application for a special use permit shall be evaluated
as to its probable effect on the adjacent property, the neighborhood
and on the community and may be approved or denied as the findings
indicate appropriate.
3.
Nothing herein contained shall preclude the Zoning Board of Review from granting multiple special use permits for a single project or proposal or to condition the granting of one (1) or more special use permits upon the implementation or completion of one (1) portion of a project, a master plan for which is submitted at the time of the application for special use permits. (See also Article X, Special Conditions.)
4.
In granting a special-use permit, the Zoning Board of Review may grant one (1) or more dimensional variances, per the provisions of Article VI, Section D. Variances.
[Added 2-4-2008]
a)
Dimensional variances granted in conjunction
with a special-use permit shall be supported by independent evidence
on the record satisfying each of the requirements for a dimensional
variance, and the Board shall vote on each dimensional variance before
voting on the special-use permit.
5.
Items to be considered when granting a special use
permit include, but are not limited to, the following:
a)
The desired use will not be detrimental to the
surrounding area;
b)
It will be compatible with neighboring land
uses.
c)
It will not create a nuisance or a hazard in
the neighborhood.
d)
Adequate protection is afforded to the surrounding
property by the use of open space and planting;
e)
Safe vehicular access and adequate parking are
provided;
f)
Control of noise, smoke, odors, lighting and
any other objectionable feature is provided;
g)
Solar rights of the abutters are provided for;
h)
The proposed special use will be in conformance
with the purposes and intent of the comprehensive plan and the zoning
ordinance of the Town of Portsmouth; and
i)
The health, safety and welfare of the community
are protected.
6.
The Zoning Board of Review may, at its option, impose special conditions on any Special Use Permit, as further defined in Article X. Special Conditions.
7.
Where these regulations may conflict with other regulations,
the more stringent regulation shall prevail.
8.
Expiration. Any special use
permit which is not utilized within a period of one (1) year from
the date of the signing of the decision granting said Special Use
Permit1 shall be void unless, upon written
request of the applicant and good cause shown, the Zoning Board of
Review, following a public hearing thereon, grants an extension of
not more than one (1) year. Not more than a single, one (1) year extension
may be granted following any one public hearing. The Zoning Board
of Review shall not grant successive extensions which total more than
two (2) years on any project, (excluding any extensions granted prior
to enactment of this amendment).
a)
If written proof from the Portsmouth Water and
Fire District is provided showing that the applicant is unable to
secure a tie-in to the Portsmouth Water and Fire District's water
supply, then the Zoning Board of Review shall grant an extension for
a period of one (1) year, provided that the applicant demonstrates
reasonable diligence in attempting to secure such tie-in.
b)
In the event an application for extension is
filed prior to the passage of one (1) year from date the signing of
the decision granting said Special Use Permit, or the end of any subsequent
extension term thereof, the special use permit shall remain in force
and effect until the Zoning Board of Review has acted on said application
for extension.
[Amended 8-10-2004]
1.
The applicant shall, on a form prescribed by the Zoning
Enforcement Officer together with a proposed site plan, as required
for the pertinent types of special use permits in this article, submit
an application describing the request, supported by such data and
evidence as may be required by the Zoning Board of Review or by the
terms of this ordinance, the need and justification for the requested
Special Use Permit.
2.
The Zoning Enforcement Officer shall immediately transmit said completed application to the Zoning Board of Review and, if required by the provisions of this Article, shall transmit a copy of each application to the Planning Board and the Design Review Board. Planning Board and Design Review Board review and procedures for this purpose are further defined in Article XI. Development Plan Review.
3.
The Zoning Board of Review shall hold a public hearing on any application for Special Use Permit in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice pursuant to the provisions of Article XIII.
4.
In its decision, the Zoning Board of Review shall
provide, in writing, findings of fact and decisions, and conclusions
of law.
6.
For each proposed development the applicant shall
submit a filing fee payable to the Town of Portsmouth per the Town
of Portsmouth Ordinance on fees.
7.
Preliminary plans may be submitted to the Planning
Board and the Design Review Board, as applicable, for informal discussion
for the following types of Special Use Permits only. Any tentative
advisory opinion on a preliminary plan by the Planning Board or the
Design Review Board shall not be binding upon the Planning Board,
Design Review Board or Zoning Board of Review:
1.
An apartment, condominium, cluster or town house may be permitted as a special use permit in districts as specified in Article V. Permitted Uses, provided that the Zoning Board of Review, in accordance with this Ordinance, finds that the establishment of the same meets the standards and requirements of this section.
2.
The purpose of these regulations is to encourage the
appropriate use of land for the development of multi-family housing
taking into consideration the natural amenities of the site. No multi-family
structure or structures or apartment houses or group of apartment
houses shall be erected unless in accordance with the standards set
forth in this section.
3.
In granting any such special use permit or in permitting any modification of the regulations set forth herein, the Zoning Board of Review may prescribe such conditions and safeguards, as further described in Article X. Special Conditions, as it may deem necessary to prevent nuisance to and promote harmony with nearby property.
4.
The disregarding of any such condition or safeguard,
when made a part of the terms under which a special use permit is
granted, shall be deemed a violation of this Ordinance.
5.
A Performance Bond or cash surety in the name of the
Town of Portsmouth and in the amount of five percent (5%) of the estimated
cost of development shall be submitted to the Zoning Enforcement Officer
prior to the start of construction. Such Performance Bond or cash
surety must be maintained in effect until a Certificate of Occupancy
is issued.
6.
No proposed development shall be approved by the Zoning
Board of Review unless it is served by an adequate sewerage treatment
system, as certified by RIDEM, or public sewer, when the same becomes
available, and that the sewer line(s) to which it shall be connected,
have adequate capacity to carry the additional effluent created by
the development. Should the line(s) be determined to be inadequate,
only such portion of the development as can be accepted by the sewer
line(s) shall be approved for development, provided it meets all other
requirements of this Zoning Ordinance.
a)
In the event a private sewage treatment plant
is to be constructed, it shall be approved by the State of Rhode Island
Department of Environmental Management and it shall meet the standards
of any federal or state legislation regarding water pollution control
before a building permit may be issued.
7.
In granting a special use permit for a development under this section the Zoning Board of Review shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Portsmouth Planning Board for review and advice, per the stipulations of Article XI. Development Plan Review. Plans for apartment, Condominium and Town House developments within or adjacent to commercial zones shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review.
8.
The Zoning Board of Review shall require that the
developer provide affidavits or statements prior to final approval
signed by the Department of Environmental Management and the Coastal
Resources Management Council that the proposed site does not violate
any portion of the Wetlands Act or CRMC regulations, plus permits
for curb cuts and connections to State road drainage systems, if applicable.
9.
Application shall include eleven (11) full sets of
building and site drawings including, but not limited to, sewerage,
other utilities, topographical plans, plumbing, heating and electrical
plans, etc., as set forth below, and shall, as a condition precedent
to the granting of said special use permit, require full adherence
to said plans without deviation at any later construction date. The
site plan shall conform to the development standards set forth in
paragraph 10 below and shall contain the following:
a)
A location map showing the location of the proposed
site in relation to the Town of Portsmouth.
b)
A plot plan showing the entire area to be developed
as well as any abutting land under control of the applicant or owner
of the land shown on the plan.
c)
The site plan shall:
(1)
Be drawn at a scale of one inch equals forty
feet (1" = 40') and be thirty-two inches (32") long and twenty-two
inches (22") wide and contain a North arrow in the upper left corner
(A master plan may be of other scale).
(2)
Contain a title block in the lower right corner
including the name of the surveyor, designer and engineer, the name
of the development, owner and applicant if other than owner, the date
and scale, the acreage and the number of efficiency or one (1) bedroom
units, the number of two (2) bedroom units and the number of units
containing three (3) or more bedrooms.
(3)
Show both existing and proposed contours at
two foot (2') intervals, by the use of solid and dotted lines.
(4)
Show size and location of all underground utilities
within and abutting the site.
(5)
Show location and width of all proposed vehicular
and pedestrian interior ways.
(6)
Show location and number of spaces of proposed
parking.
(7)
Show location of all proposed buildings by type
(i.e. Apartment, townhouse, recreation, etc.) with the number of units
by bedroom distribution.
(8)
Show location and size of all proposed utilities,
as approved by the installing authority.
(9)
Show location and type of retention/erosion
control areas if necessary to meet drainage requirement.
(10)
Show location of all monuments.
(11)
Show the names of all abutters
as determined from the most recent tax list.
(12)
Show the proposed treatment of
all open spaces.
(13)
Show on a separate sheet building
elevations.
(14)
Show on a separate sheet preliminary
layout of building interiors.
10.
Development standards. All developments proposed
under this Section shall conform to the following standards:
a)
Minimum Frontage: one hundred ten feet (110').
b)
Minimum Front Yard: thirty feet (30').
d)
Minimum Rear Yard: twenty-five percent (25%)
or thirty feet (30') whichever is lesser.
e)
Maximum Lot Coverage by Buildings: twenty-five
percent (25%)**.
** Does include accessory structures such as
swimming pools, cabanas, recreational buildings, etc. used exclusively
for the residents of the development.
f)
Maximum building and parking area coverage:
forty percent (40%).
g)
The following are the minimum required buildable land area per unit in square feet. In determining buildable land area, not more than ten percent (10%) of the area that is subject to periodic or seasonal flooding, per the most recent FEMA maps, shall be counted. (Example: total land area twenty (20) acres of which five (5) acres are subject to flooding net buildable land for determining density is fifteen point five (15.5) acres.) The provisions of this Subparagraph shall supersede the provisions of Article IV, Section B. Land Space Requirements Table.
(1)
If served by an on site sewer system with effluent
being discharged into an on site absorption field, the minimum buildable
land area per unit in square feet is as follows:
|
ZONE
|
1 BEDROOM
|
2 BEDROOM
|
3 BEDROOM
|
EACH ADDITIONAL BEDROOM
|
|---|---|---|---|---|
|
R-10
|
5,000
|
8,000
|
10,000
|
3,000
|
|
R-20 & WD
|
10,000
|
16,000
|
20,000
|
6,000
|
|
R-30
|
15,000
|
24,000
|
30,000
|
9,000
|
|
R-40
|
20,000
|
32,000
|
40,000
|
12,000
|
(2)
If served by sewer system plant or public sewer
system with effluent being discharged into an offsite absorption field
the minimum buildable land area per unit in square feet is as follows:
|
ZONE
|
1 BEDROOM
|
2 BEDROOM
|
3 BEDROOM
|
EACH ADDITIONAL BEDROOM
|
|---|---|---|---|---|
|
R-10
|
3,750
|
5,600
|
7,500
|
2,000
|
|
R-20 & WD
|
7,500
|
11,000
|
15,000
|
4,000
|
|
R-30
|
11,250
|
17,000
|
22,500
|
6,000
|
|
R-40
|
15,000
|
22,500
|
30,000
|
8,000
|
|
NOTE: Any room such as a den, playroom, etc.
is to be considered as a bedroom for this purpose.
|
h)
Due to the wide range of soil content in the
Town of Portsmouth, no on site sewerage system shall be considered
completely adequate without attention being given to the existing
soil analysis map as prepared by the U.S. Department of Agriculture
Soil Conservation Service. No opinion pertaining to the adequacy of
the proposed system can be given without written evidence of on-site
soil exploration tests as required by the R.I. Department of Environmental
Management. On site sewerage systems shall be approved by the Rhode
Island Department of Environmental Management.
i)
Maximum Building Height: two and one-half (2 1/2)
Stories, not to exceed thirty-five feet (35').
j)
Drainage.
(1)
The developer shall provide for adequate drainage
and shall further provide that the rate of runoff from the property
shall not increase during construction or after completion of the
development to the detriment of surrounding properties. If the retention
of water is deemed necessary, then the retention areas shall be provided
prior to construction of any buildings or the surfacing of any areas.
The engineer shall submit on separate sheets all computations in determining
rates of runoff and shall base all calculations on a ten (10) year
storm frequency using the TR-55 method for determining total storm
water runoff. These computations shall be prepared by an engineer
registered in the State of Rhode Island and he shall affix his seal
to the required documents.
k)
Sewage System.
(1)
Public sanitary sewers shall be designed so
as to ensure a self-cleaning velocity of not less than two and one
half feet (2.5') per second nor more than ten feet (10') per second.
Computation of sewage and sewage flow calculation shall be submitted.
l)
Water.
(1)
Computation of water usage and a statement of
water availability shall be submitted. Written evidence of permission
to connect to a public water supply shall be delivered to the Building
Inspector prior to issuance of a building permit.
m)
Parking.i
n)
Open space.
(1)
Open space shall be provided in appropriate
places and every effort shall be made to preserve wooded areas or
other site amenities.
o)
Building design and location.
(1)
Where more than one (1) building is erected
on a lot it shall be separated from any other building by a minimum
of one hundred feet (100') and all buildings shall be set back a minimum
of fifty-five feet (55') from the centerline of any interior way and
thirty feet (30') from any parking area.
(2)
Town House or attached dwelling: No row of attached
buildings shall contain less than three (3) nor more than eight (8)
units and the minimum width between party walls shall be not less
than eighteen feet (18').
(3)
No apartment building shall be less than sixty
feet (60') in length. No facade or any apartment building shall exceed
one hundred sixty linear feet (160') without a building jog of at
least forty-five degrees (45°) for a two (2) wing building or
thirty degrees (30°) for a three (3) wing building.
(4)
No one building shall contain more than twenty-four
(24) units.
p)
All interior roadways and parking areas shall
be constructed in accordance with the "Construction Standard for Streets"
of the "Rules and Regulations Regarding the Platting or other Subdivision
of Land" of the Town of Portsmouth.[1]
q)
Access and egress.
(1)
For each lot there shall be not more than one
(1) entrance and exit driveway for each five hundred feet (500') of
the street on which the lot faces. Said entrance and exit shall meet
the requirements of the State of Rhode Island Department of Roads
and Bridges and the Portsmouth Police and Highway Departments.
r)
Acceptable engineering standards shall prevail
where no standards are specified.
s)
Fire lanes shall be provided for and approved
by the Fire Department.
11.
The foregoing Development Standards including but not limited to the parking, open space, building design and location and other standards set forth herein and in Article IX may be modified and/or varied by the Zoning Board of Review upon a finding that such modifications or variations comply with the requirements set forth in of Section A paragraph 4 herein.
12.
Where these regulations may conflict with other
regulations, the more stringent regulation shall prevail.
1.
No motel or hotel shall be constructed on a lot having
less than two hundred feet (200') frontage, nor less than forty thousand
square feet (40,000 ft.2) of lot area.
2.
On each lot used for motel or hotel purposes there
shall be provided front, rear and side yards each not less than fifty
feet (50') in depth.
3.
A space not less than twenty feet (20') shall be maintained
open with grass, bushes, flowers or trees all along each side yard,
rear yard and front yard except for entrance and exit driveways and
such open space shall not be built on, not paved nor used for parking.
4.
No space within the required front yard depth shall
be used for parking except as a temporary nature such as for registering.
5.
Each motel or hotel site shall be provided with not
more than two (2) motor vehicle driveways for each abutting street
which shall intersect the abutting street or streets at ninety degrees
(90°).
6.
Each rental unit shall contain not less than two hundred
ten square feet (210 ft.2) of habitable
floor area.
7.
Height restrictions as set forth in Article IV. may be varied subject to Zoning Board of Review for motels containing one hundred (100) or more units.
8.
Subject to Zoning Board of Review approval, uses such
as, but not limited, to restaurants, convention facilities, health
clubs, retail shops, beauty and barber shops are permitted within
motels containing one hundred (100) or more units.
9.
In granting a special use permit for a development under this section the Zoning Board of Review shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Portsmouth Planning Board for review and advice, per the stipulations of Article XI. Development Plan Review. Plans shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review.
1.
Antennas proposed to extend over a height of thirty-five
feet (35') from existing grade may be permitted by special use permit.
2.
Each and every antenna proposed to be installed utilizing
an individual support structure shall not be allowed within the confines
of the designated front, side or rear yards and shall not be installed
or erected without the prior approval of the Building Inspector and
the acquisition of a lawfully issued building permit therefor.
3.
Each such antenna shall be provided with a free-fall
radius of one hundred twenty-five percent (125%) of its height, which
radius shall be clear of any structure designed for residential use
or commercial/industrial occupancy.
Map 38, Lots 5, 6, 7, 7B, 7C, 7D, 7E, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are
to be considered "Limited Light Industry" and are, in addition to
other provisions of this ordinance, subject to the following regulations:
1.
All structures erected on these lots shall not exceed
thirty feet (30') or one (1) story in height. Uses permitted hereunder
must be so located that each part thereof is set back at least the
following distances:
2.
Building lot coverage shall not exceed thirty percent
(30%) of total lot area.
3.
Permitted uses. No lot within the district shall be
used or occupied at any time for other than the purpose of "Limited
Light Industrial Uses", which is defined as follows:
a)
A limited light industrial use is one of such
a nature and so designed, constructed and operated that there is no
production of sound, heat or glare perceptible at any lot line, and
which emits no vibration, smoke, dust, dirt, toxic or offensive odors
or gases, electromagnetic or atomic radiation.
b)
Without limiting the foregoing, uses specifically
prohibited within these lots are residential and commercial usages
of a retail nature, except facilities expressly designed for the use
and benefit of the occupants of a site. In addition, no site shall
be used for any industry whose primary business requires industrial
sewage disposal facilities, unless the governing municipal and state
bodies authorize the use of the available sewage disposal facilities.
All liquid or solid wastes must be treated to conform with applicable
standards of the Rhode Island Department of Health and any other regulations
of any governing municipal or state agency.
4.
All outside storage shall be screened from abutting
properties by the erection and maintenance of an opaque fence, not
less than six feet (6') in height or a double row of compact evergreen
screen not less than six feet (6') in height.
5.
(Reserved)[1]
[1]
Note: Effective 10-15-1997, Article VII Section F.5. is deleted. All parking requirements related to limited light industrial development are in Article IX. Deleted wording was: "Any and all parking, including parking for visitors, employees, or customers shall be "off street" and there shall be no less than one parking space for each person to be employed on a lot. All roads and parking areas shall have a minimum surfacing of asphaltic concrete or approved equivalent. Curbings shall be installed in all parking areas."
6.
Any and all loading, unloading or deliveries shall
be "off street" and the facilities therefor shall be located at the
rear or sides of buildings which do not face the roadway. All loading
and unloading areas shall have a minimum surfacing of asphaltic concrete
with curbing. Curbings shall be installed in all loading and unloading
areas.
7.
The area between buildings and property lines is to
be used either for open landscape and green areas, or for off-street
parking.
8.
Fences, walls and hedges may be permitted in any required
yard, not to exceed the maximum height as follows:
|
LOCATION
|
MAXIMUM HEIGHT
| |
|---|---|---|
|
Front and side yards
|
6 feet
| |
|
Rear yards
|
10 feet
| |
|
Hedges
|
No restrictions
|
9.
Signs for advertising purposes shall be prohibited, except that one (1) sign flush with an exterior wall or a structure on each building site shall be permitted, as stipulated in Article IX. Section B. Signs. This sign shall indicate no information other than the name of the industry occupying the building site. Sign illumination shall not flash, blink, vary in intensity, revolve or otherwise be or appear to be in motion. Free standing information and directional signs shall be permitted upon approval of the Zoning Board of Review as stipulated in Article IX. Section B. Signs.
10.
An accessory use which is clearly incidental
and secondary to the principal permitted use of the premises or structure
shall be allowed provided that such accessory use shall be located
on the premises to which it applies and shall not be detrimental to
or impair adjacent properties.
11.
Property and buildings to be used for light
manufacturing purposes shall be designed and laid out as to minimize
disturbance to adjacent property by such features as buffer fences,
planting, suitably located points of traffic ingress and egress, and
areas for loading and parking.
12.
Structures permitted above height requirements
on these lots include roof structures for housing of elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, fire or parapet walls, skylights, towers, steeples
flagpoles, chimneys, smokestacks, wireless masts, antennas and water
tanks, provided that no roof structure of any space above the height
limit shall be allowed for the purpose of providing additional floor
space.
1.
A new retail business, office or consumer service complex use, or an addition of more than thirty percent (30%) over the size of the buildings as existing at the time of the enactment of this amendment, or a Substantial Improvement, as defined in Article II., may be permitted as specified in Article V. Section B. Permitted Uses, provided that the Zoning Board of Review in accordance with this Ordinance, finds that the establishment of the same meets the standards and requirements of this section, and the intent of the use district in which it is located.
[Amended 10-27-2004[1]]
[1]
Note: "and the intent of the use district
in which it is located" adopted 10-27-2004.
2.
The purpose of these regulations is to encourage the
appropriate use of land for the development of new commercial areas
taking into consideration the natural amenities of the site. No structure
or structures shall be erected, added to or substantially improved
as above unless in accordance with the standards set forth in this
section.
3.
In granting any such special use permit or in permitting any modification of the regulations set forth herein, the Zoning Board of Review may prescribe such conditions and safeguards, as further described in Article X. Special Conditions, as it may deem necessary to prevent nuisance to and promote harmony with nearby property. The disregarding of any such condition or safeguard, when made a part of the terms under which approval is granted shall be deemed a violation of this Ordinance.
4.
A performance bond in the amount of one hundred percent
(100%) of the cost of on site improvements including roads, parking
and travel areas, drainage and landscaping, but exclusive of buildings,
and a certificate of occupancy shall be required.
5.
A Performance Bond or cash surety in the name of the
Town of Portsmouth and in the amount of five percent (5%) of the estimated
cost of development shall be submitted to the Zoning Enforcement Officer
prior to the start of construction. Such Performance Bond or cash
surety must be maintained in effect until the requirements, in total
or in phases, as determined by the Zoning Board of Review, are completed.
6.
No proposed development shall be approved by the Zoning
Board of Review unless it is served by an adequate sewerage system
as approved by the R.I. Department of Environmental Management or
public sewer, when the same becomes available, and that the sewer
lines to which it shall be connected, have adequate capacity to carry
the additional effluent created by the development. Should the lines
be determined to be inadequate, only such portion of the development
as can be accepted by the sewer lines, shall be approved for development
provided it meets all other requirements of this Zoning Ordinance.
a)
In the event that a private sewage treatment
plant is to be constructed, it shall be of a type approved by the
State of Rhode Island Department of Environmental Management and it
shall meet the standards of all Federal and State Legislation regarding
water pollution control before a building permit may be issued.
7.
In granting a special use permit for a development under this section the Zoning Board of Review shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Portsmouth Planning Board for review and advice, per the stipulations of Article XI. Development Plan Review. Plans shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review.
8.
The Zoning Board of Review shall require that the
developer provide affidavits or statements signed by the Department
of Environmental Management and the Coastal Resources Management Council
that the proposed site does not violate any portion of the Wetlands
Act or CRMC regulations prior to final approval, plus permits for
curb cuts and connections into State road drainage systems, if applicable.
9.
Application shall include eleven (11) full sets of
building and site drawings including, but not limited to, sewerage,
other utilities, topographical plans, plumbing, heating and electrical
plans, etc., as set forth below, and shall, as a condition precedent
to the granting of said special use permit, require full adherence
to said plans without deviation at any later construction date. The
site plan shall conform to the development standards set forth in
paragraph 10 below and shall contain the following:
a)
A location map showing the location of the proposed
site in relation to the Town of Portsmouth.
b)
A plot plan showing the entire area to be developed
as well as any abutting land under control of the applicant or owner
of the land shown on the plan, and all parcels within five hundred
feet (500') of proposed development.
[Amended 10-27-2004[2]]
[2]
Note: ", and all parcels within 500 feet of
proposed development" adopted 10-27-2004.
c)
The site plan shall:
(1)
Be drawn at a scale of one inch equals forty
feet (1" = 40') and be thirty-two inches (32") long and twenty-two
inches (22") wide and contain a North arrow in the upper left corner
(a Master Plan could be of other scale).
(2)
Contain a title block in the lower right corner,
including the name of the surveyor, designer, and engineer, the name
of the development, owner and applicant if other than the owner, the
date and scale, the acreage and square footage of the development.
(3)
Show both existing and proposed contours at
two foot (2') intervals, by the use of solid and dotted lines.
(4)
Show size and location of all underground utilities
within and abutting the site.
(5)
Show location and width of all proposed vehicular
and pedestrian interior ways.
(6)
Show location and number of spaces of proposed
parking.
(7)
Show location of all proposed buildings by type.
(8)
Show location and size of all proposed utilities,
as approved by the installing authority.
(9)
Show location and type of retention/erosion
control areas if necessary to meet drainage requirement.
(10)
Show location of all monuments.
(11)
Show the names of all abutters
as determined from the most recent tax list.
(12)
Show the proposed treatment of
all open spaces.
(13)
Show on a separate sheet building
elevations.
(14)
Show on a separate sheet preliminary
layout of building interiors.
10.
Development standards. All developments proposed
under this Section shall conform to the following standards:
a)
Minimum frontage: one hundred ten feet (110').
b)
Minimum front yard: thirty feet (30').
d)
Minimum Rear Yard: thirty feet (30').
e)
Maximum lot coverage by buildings: twenty-five
percent (25%).
g)
Due to the wide range of soil content in the
Town of Portsmouth, no on site sewerage system shall be considered
completely adequate without attention being given to the existing
soil analysis map as prepared by the U.S. Department of Agriculture
Soil Conservation Service. No opinion pertaining to the adequacy of
the proposed system can be given without written evidence of on-site
soil exploration tests as required by the R.I. Department Of Environmental
Management. On site sewerage systems shall be approved by the Rhode
Island Department of Environmental Management.
h)
Maximum Building Height: two and one-half (2 1/2)
Stories, not to exceed thirty-five feet (35').
i)
Drainage. The developer shall provide for adequate
drainage and shall further provide that the rate of runoff from the
property shall not increase during construction or after completion
of the development to the detriment of surrounding properties. If
the retention of water is deemed necessary, then the retention areas
shall be provided prior to construction of any buildings or the surfacing
of any areas. The engineer shall submit on separate sheets all computations
in determining rates of runoff and shall base all calculations on
a ten (10) year storm frequency using the TR-55 method for determining
total storm water runoff. These computations shall be prepared by
an engineer registered in the State of Rhode Island and he shall affix
his seal to the required documents.
j)
Sewage system. Public sanitary sewers shall
be designed so as to ensure a self-cleaning velocity of not less than
two and one half feet (2.5') per second nor more than ten feet (10')
per second. Computation of sewage and sewage flow calculation shall
be submitted.
k)
Water. Computation of water usage shall be submitted
and a statement of water availability shall be submitted. Written
evidence of permission to connect to a public water supply shall be
delivered to the Building Inspector prior to issuance of a building
permit.
l)
(Reserved)[4]
[4]
Note: Effective 10-15-1997, Article VII Section G.10.l) is deleted. All parking requirements related to retail development are in Article IX. Deleted wording was: "Parking shall be provided for in accordance with Article IX. Section A, Parking. There shall be no parking within 25' of any lot line. Cross-section of travel and parking areas shall be provided on the site plan."
m)
Open space shall be provided in appropriate
places and every effort shall be made to preserve wooded areas or
other site amenities.
n)
All interior roadways and parking areas shall
be constructed in accordance with the "construction standards for
streets" contained in Land Development and Subdivision Regulations
of the Town of Portsmouth.[5]
[Added 10-27-2004]
o)
Access and egress. There shall be not more than
one (1) entrance and one exit for every five hundred feet (500') or
less of frontage. Said entrance and exit shall meet the requirements
of the State of Rhode Island Department of Roads and Bridges and the
Portsmouth Police and Highway Departments.
p)
Acceptable engineering standards shall prevail
where no standards are specified.
q)
Fire lanes shall be provided for and approved
by the Fire Department.
r)
Outdoor display areas. Exterior display areas
shall be permitted only where clearly depicted on the approved site
plan. All exterior display areas shall be adequately separated from
motor vehicle routes by a physical barrier visible to drivers and
pedestrians. Display areas on building aprons must maintain an adequate
minimum walkway width between the display items and any vehicle drives.
[Added 2-4-2008]
|
Merchandise may not be displayed or stored in
parking areas or on sidewalks adjacent to facade walls, except in
screened display, sales, and storage areas, except short term seasonal
events as approved by the Building Inspector.
| |
|
Display, sales, and storage areas, such as nursery
departments, must be enclosed by screening with a solid base with
a minimum height of three feet (3') under a wrought iron or tubular
steel fence (black or green vinyl coated only) with a minimum height
of five feet (5'). The screening may also be composed of materials
and colors matching the main building. No merchandise other than trees
may be visible above the screening from eye level at grade.
| |
|
These provisions shall not be applicable where
the sale of nursery and agricultural products are the principal use
of the building.
|
11.
The foregoing development standards including but not limited to parking, open space, building design and location and other standards set forth herein and in Article IX may be modified and/or varied by the Zoning Board of Review upon a finding that such modifications comply with the requirements set forth in Section A paragraph 4 herein.
