Town of Coventry, RI Supplementary Regulations

The following structures or parts of structures may be erected above the specified height limitation in Article VI provided that such vertical element shall be set back from any lot line one additional foot for each foot by which it exceeds the prescribed height limit for the district: church spire, church tower or church belfry; flagpole; radio or television antenna; chimney; elevator; penthouse; silo; municipal water supply structures; windmills; or wind generators.

Authorized departures from yard regulations. The following describes special circumstances in which deviation from the stated yard restrictions in Article VI may be waived. This section also defines the yard setbacks for odd-shaped lots.

Waiver of front yard restrictions. Where lots on both sides of a vacant lot have main buildings which are located in the established front yard and have been so maintained since this chapter became effective, the front yard requirement for the vacant lot may be the average of the front yards of the adjacent lots. In no case shall a front yard be less than 15 feet.

Architectural projections. Open or semienclosed structures such as porches, canopies, balconies, platforms, garages, carports, covered patios, decks and similar architectural projections when attached to a principal building shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side or rear yard. When such structures are not attached to the principal building, they shall be considered accessory buildings and shall be governed by the provisions of § 255-920A.

Waiver of yard restrictions in general. Yards required in this chapter and the space above them shall be unobstructed by buildings except as permitted by this article.

Ordinary projections of window sills, cornices, and other structural features may extend not more than 12 inches into the space above required yards;

Signs as permitted in Article XV may be located in front yards; and

Outdoor telephone booths in a commercial district may be located in front yards, provided that they do not obstruct visibility for proper traffic circulation.

Three-sided lot. In the event that a lot contains only three sides, the width of the lot shall be considered to be the distance between side lot lines, measured at the required front yard depth. The rear yard shall be measured from a line 10 feet in length entirely within the lot parallel to the front lot line.

Irregular lot. In the event the front yard of a lot abuts a curve, a cul-de-sac or a junction of two streets that form an interior angle approximating 90°, the width of the lot shall be considered to be the distance between the two side lot lines, measured at the required front yard depth.

Reduction of street frontage. In any residential district, street frontage may be reduced to not less than 60 feet for those lots fronting entirely on turnarounds or culs-de-sac. In such instances, the required frontage shall be measured at the building line.

Corner lot. On a corner lot, both yards fronting on intersecting streets shall meet the front yard setbacks.

Front yards or through lots. At each end of a through lot the front yard setbacks for the district shall be adhered to.

Different use districts abutting one another. Minimum landscaped buffer requirements are established in § 255-1730 to protect residents against the impacts of potentially incompatible abutting land uses. These buffers shall be complied with when residential and nonresidential land uses abut one another.

Buffer between residential dwellings and earth removal operations. There shall be a minimum buffer of 600 feet between occupied and new residential dwellings and the limit of operation for any earth removal operation. See § 255-1040A(3).

§ 255-920 General development regulations.

Accessory structures.

Generally. A permitted accessory structure in any residential zone shall be placed in the rear yard, except that accessory buildings may be placed in the side yard where the side yard setback requirement for the principal structure can be maintained. For example: a detached garage in an R-20 Zone may be permitted in the side yard if a side yard setback of 20 feet can be maintained.

Dimensional regulations for detached accessory structures.

R20: The height for a detached accessory structure shall not be greater than 15 feet, or the height of the principal structure, whichever is lower. Accessory structures shall be placed no closer than 10 feet to the property line. Residential tool, garden or storage sheds up to a maximum of 120 square feet may be permitted up to five feet to a property line.

RR2 and RR3: The height for a detached accessory structure shall not be greater than 19 feet. Accessory structures over 120 square feet shall be placed no closer than 10 feet to the property line. Residential tool, garden or storage sheds up to a maximum of 120 square feet may be permitted up to five feet to a property line.

RR5: The maximum height for a detached accessory structure may be permitted up to 22 feet where the property meets the minimum lot size requirement. Otherwise, the maximum height limitation shall be 19 feet. The location of accessory structures shall be at least 50 feet from the property line, except for nonconforming lots of record which shall have an accessory structure setback of 25 feet to the property line, unless as otherwise stated in this chapter. Residential tool, garden or storage sheds up to a maximum of 120 square feet may be permitted up to 10 feet to a property line.

Accessory buildings incidental and subordinate to farming or agricultural uses. Accessory buildings incidental and subordinate to farming or agricultural uses may have a height greater than 15 feet, provided that farming is the principal use of the land. In no instance shall the height of such accessory buildings be greater than 35 feet as stipulated by § 255-600. The accessory building shall be used for storage of materials incidental to farm or agricultural uses, and not for habitation (i.e., apartments, efficiency units, dwelling units, etc.).

Attached structures. An accessory garage attached to the principal structure becomes part of the principal structure and therefore must meet the yard requirements of the applicable zoning district.

Fences and walls. Fences and walls not exceeding 10 feet may be placed in any yard area in an industrial district. In any other commercial district, fences will be limited to eight feet in height. In any other residential district, fences and walls may be constructed in side and rear yards up to six feet in height. In front yards, the maximum height of walls and fences shall be four feet. All fences are subject to the vision requirements in § 255-920C.

Vision clearance at corners. At street intersections or corners of streets no structure shall be erected and no vegetation shall be planted or maintained in such a manner as to materially impede vision between the heights of two feet and 10 feet above the triangle formed by the two street lines and a third line joining points on the street lines 30 feet from the intersection.

Swimming pools. No private swimming pool capable of containing a depth of 24 inches shall be allowed in any district except as an accessory use and must comply with the following requirements:

The pool must be intended and used principally for the enjoyment of the property occupants.

It shall not be located in the front yard and shall be no closer than 10 feet to a side or rear property line.

The pool, or the property on which it is located, shall be walled or fenced to prevent uncontrolled access from the street or from adjacent properties. Said fence or wall shall not be less than five feet in height, shall be maintained in good condition with a gate and lock, and must prohibit the passage of any object exceeding four inches in diameter.

Inground pools shall have an apron inside the fence no less than four feet in width.

Water bodies.

No disposal trench or bed, cesspool, seepage pit or other facility shall be located:

Within 75 feet of a freshwater wetland, stream, river, pond or lake as defined in R.I.G.L. 2-1, as amended, except that the required setbacks shall not be considered.

Within 75 feet of the flood water source if such facility is located on a "Flood Plain" as defined in R.I.G.L. 2-1.

No structure may be erected within 50 feet of any freshwater wetland, stream, river, pond or lake except sheds, for the storage of boats and accessories, piers and similar structures.

No freshwater wetland, stream, river, pond, or lake as defined in R.I.G.L. 2-1 shall be excavated, drained, filled or altered in any way except in conformance state and federal law.

Temporary structures. Temporary structures including, but not limited to, truck bodies; container boxes; and plastic, metal, or wood-sheathed structures without plumbing and electricity shall be prohibited.

Accessory dwelling structures.

[Added 5-14-2018 by Ord. No. 04-18-322]

Accessory dwelling structures are prohibited on any lot containing less than 20 acres.

Multiple accessory dwelling structures on a single lot are not permitted. Accessory dwelling structures shall comply with all planning, building and zoning requirements for a principal structure.

Accessory family dwelling unit (AFDU)/in-law apartment.

[Added 5-14-2018 by Ord. No. 04-18-322]

AFDU by right. AFDUs located in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation for family members in all residential zones subject to the following conditions in accordance with R.I.G.L. § 45-24-37(e):

The AFDU shall only be occupied by a family member;

The family member occupying the AFDU must be 62 years of age or older or disabled;

The exterior appearance of the principal structure shall remain that of a single-family home;

An internal means of entry and egress shall be maintained between the principal residence and the AFDU at all times;

No additional exterior entrances shall be added absent a compelling need, such as code compliance or to accommodate an occupant's disability. If a compelling need for an exterior entrance arises, the entrance will be located on the side or rear of the structure;

Any septic system located on site shall be approved by the Department of Environmental Management to handle waste associated with the AFDU; and

(g)

An AFDU under this section shall only be valid where the owner of the principal residence has recorded a notarized declaration in the Coventry land evidence records and filed a copy of that declaration with the Coventry Zoning Official. The AFDU declaration shall be on forms prepared by the Coventry Office of Planning and Development.

AFDU by special use permit. AFDUs that do not meet the criteria for an AFDU by right, as outlined above, because they involve expansion of the existing principal residence, may be approved by special use permit in accordance with Article 4, subject to the following conditions:

The AFDU shall only be occupied by a family member;

The exterior appearance of the principal structure shall remain that of a single-family home;

An internal means of entry and egress shall be maintained between the living area of the principal residence and the AFDU at all times;

Any septic system located on site shall be approved by the Department of Environmental Management to handle waste associated with the AFDU; and

An AFDU under this section shall only be valid once a special use permit has been granted by the Zoning Board and recorded in the Coventry land evidence records.

A structure that would otherwise meet the definition of an accessory dwelling structure cannot be made into an AFDU by connecting it to a principal residence with a walkway, hallway, breezeway or other similar structure.

The identity of the occupant of the ADFU shall be named and an affidavit signed verifying that this person will be the only occupant.

All building permit applications for renovations or additions to construct an ADFU shall include a plan describing how the ADFU will be converted back into living space for the principal dwelling unit when the ADFU is terminated.

Any AFDU obtained under this section shall automatically terminate when:

The ADFU is no longer occupied by a qualified family member(s); or

Title to the principal residence is transferred, whichever occurs first.

Upon termination of an AFDU, either where it is no longer occupied by a qualifying family member or as a result of a transfer of title, the owner-occupant of the principal residence shall notify the Coventry Zoning Official, in writing, and record an appropriate document in the land evidence records noting the termination of the AFDU.

Once an AFDU has terminated, occupancy of the AFDU shall no longer be permitted unless a subsequent AFDU declaration is recorded to renew the AFDU for another family member.

(9)

AFDUs originally approved by special use permit under Subsection H(2) may be renewed through the AFDU declaration process under Subsection H(1), provided that no further expansion of the principal dwelling is proposed.

(10)

At no time shall either the AFDU or the principal residence be occupied by a non-family member of the owner of the property.

§ 255-930 Supplemental regulations for specific land uses.

Gasoline service stations, automotive repair and drive-in restaurants. Gasoline stations, service stations, drive-in restaurants, car washes, automotive repair shops and similar highway oriented "drive-in" uses shall be designed to conform with the following requirements, in addition to other applicable provisions of this chapter.

The minimum lot area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.

Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper, wheel guards, or traffic islands in accordance with Article XII. Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a concrete curb at least six inches high.

The entire area used for vehicle service shall be paved, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.

The construction standards for all drive access openings (curb cuts) shall be in accordance with § 255-1230C.

The distance of any driveway from any property line shall be at least 10 feet.

The distance between curb cuts serving the same lot or adjacent lots shall be no less than 40 feet.

The distance between a street intersection and a curb cut shall be in accordance with § 255-1230D.

Buffer landscaping and screening shall be done in accordance with Article XVII.

(9)

No vehicles shall be stored on site for salvage or dismantling.

(10)

Hydraulic hoists, pits, lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building. Tire and battery service and automotive repair, excluding automobile body repair and painting, may be carried out within the premises.

Automotive dealerships/new and used. All car and truck dealerships shall conform to the following requirements, in addition to the other provisions of this chapter:

The minimum lot area shall be 40,000 square feet with a minimum street frontage of not less than 200 feet.

The requirements of § 255-930A(2) through (9).

The number of vehicles to be displayed and stored on site shall be limited as follows:

The lot exclusive of building, landscape areas and drives shall be laid out as a parking lot with travel lanes and back up areas and with each space being a minimum of 8.5 feet by 18 feet. The number of required parking spaces shall be deducted from the total number of spaces on the lot. The remaining spaces dictate the number of cars that can legally be displayed at the dealership.

Spaces shall be set back five feet from side and rear property lines and five feet from sidewalk areas or 10 feet from street lines. This setback shall be marked by some type of curb stop.

Any building permit or zoning certificate issued for an automotive dealership shall note the number of vehicles that can legally be displayed on the lot.

Auto body repair shops/repair and sale of boats, motors, marine equipment. Auto body repair shops shall conform to the following requirements, in addition to other applicable provisions of this chapter:

All auto body repair shall take place within a building.

Storage of vehicles, boats or marine equipment to be repaired shall be located in the rear and/or side of the repair building and such storage area shall be enclosed with a six-foot-high fence which shall effectively screen the area from view. Where the storage area is visible from the road or adjacent uses, four-foot-high evergreens shall be planted along the fence.

No junk vehicles, boats or marine equipment shall be stored on site. No vehicles, boats or marine equipment shall be kept on site for the cannibalization of parts.

The requirements of § 255-930A(1) through (9).

Cemeteries. Where a cemetery exists on a lot the following rules shall apply:

Buildings shall be set back from the cemetery by 50 feet. Accessory buildings shall be set back 20 feet.

If parking is located around or near the cemetery, the cemetery shall be fenced and curb stops installed to prohibit vehicles from driving over the area.

The cemetery shall not be altered in any way.

Hazardous waste management facilities.

Any application for the siting of a Hazardous Waste Management Facility in accordance with R.I.G.L. 23-19.7 shall conform with the following requirements in addition to the industrial performance standards of this chapter (Article VII and § 255-720 in particular):

The disposal of hazardous waste in the Town by the means of discharge, deposit, injection, dumping, spilling, leaching, placing, or landfilling into or on any land or water, shall not be permitted in any zone.

A development site for a hazardous waste management facility shall be located a minimum distance of 1,000 feet from contiguous residential uses or residentially zoned districts.

A development site for a hazardous waste management facility shall be located at least 1,000 feet from schools, nursing homes, and other centers of institutional population.

A development site for a hazardous waste management facility shall be located at least 1,000 feet from a public recreational facility.

Hazardous waste management facilities shall be prohibited in environmentally sensitive areas. These areas include areas of steep slope (10% or greater); freshwater wetlands (as defined by R.I.G.L. 2-1); areas in the one-hundred-year flood zone (as defined in the Flood Zone Maps prepared by the Department of Housing and Urban Development for the Town of Coventry effective September 1, 1978); areas with soils that are unstable, highly permeable, excessively drained, wet and have a high water table; areas which are adjacent to or are over an aquifer or a major water source.

There shall be no open storage of hazardous waste at a hazardous waste management facility.

(g)

The following lot requirements shall apply for hazardous waste management facilities:

[1]

Minimum lot area: 200,000 square feet.

[2]

Minimum front yard: 150 feet.

[3]

Minimum rear yard: 150 feet.

[4]

Minimum side yard: 150 feet.

[5]

Maximum lot coverage: 40%.

For the purposes of enforcement of these provisions, a hazardous waste management facility does not include firms which treat their own hazardous waste as an incidental process, subordinate to the main use of the land and principal structures and which is located on the same or adjoining lot.

Motels and hotels. The Board may permit hotels and motels by special use permit and development plan review by the Commission (Article XVI) in a General Business District, provided that the following conditions are met:

The lot shall consist of not less than 160,000 square feet of land area and shall have a minimum width of 200 feet.

The suitability of the soil within the lot shall provide for the safe and proper operation of individual sewage disposal systems, if such are required. No portion of the lot shall be under water or in wetlands. The lot shall be well drained, and so graded that pools of stagnant water shall not be allowed to collect. Where public sewers exist, the hotel or motel facility shall be connected to such sewers.

The permanent structures of motels or hotels shall not occupy more than 25% of the total lot area. Additional lot coverage not to exceed 10% of the total lot area is authorized for recreational facilities.

No individual motel unit or hotel room shall be erected or altered so as to have a floor area of less than 240 square feet, including bathroom and closet space.

No part of a motel or hotel structure, accessory structure (except a sign), parking lot or utility area shall be within 50 feet of any lot line or closer than 100 feet to the right-of-way of any public street. A landscaped or natural buffer zone shall be provided within said fifty-foot setback from any lot line and within said one-hundred-foot setback from any public street, and shall be established in accordance with Article XVII.

Accessory uses may include necessary office, recreation, parking and maintenance areas, lunch room, restaurant, cocktail lounge or gift shop.

No principal building shall exceed 35 feet in height; no accessory building or other structure shall exceed 20 feet in height.

Minimum off-street parking and drive access shall be provided and maintained in accordance with Article XII.

Customary home occupation. As set forth in Article II, any customary home occupation shall be customarily conducted in a dwelling unit by a member of the family residing in said unit. No persons residing outside the home shall be employed. The use shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.

All customary home occupations shall conform to the following conditions:

The home occupation shall be performed by the resident and using no more than 100 square feet of floor area and such activity shall not be visible from a lot line.

There shall be no patrons or customers for the sale of products at the premises.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

No vibration, smoke, dust, odors, heat or glare or offensive noise shall be produced.

No traffic shall be generated by such home occupation.

No dealing or selling of firearms or related products shall be permitted.

Commercial composting. All commercial composting operations shall conform to the following conditions:

No animal renderings or fish wastes shall be used to accelerate the decomposition of waste.

A commercial composting operation shall be no smaller than five acres in size and no larger than 10 acres.

§ 255-940 Leased land/seasonal housing.

On the effective date of this chapter, the Tax Assessor shall make a determination as to the status of the housing on leased land as to whether it is year-round or seasonal.

No new housing units shall be constructed on leased land.

Seasonal units shall not be converted to year-round units. Seasonal or year-round units shall not be enlarged or added onto and no accessory structures requiring the issuance of a building permit shall be built unless they receive a special use permit pursuant to Article IV and receive all required state permits including, but not limited to, wetland and individual sewage disposal system permits from the Rhode Island Department of Environmental Management, and any other necessary permits. However, unenclosed decks totaling up to 120 square feet shall be permitted (without a special use permit). Structures damaged by fire must adhere to the requirements of Article VIII.

All owners of leased land parcels who propose to subdivide their property shall apply for and obtain approval for such subdivision pursuant to the Town of Coventry Subdivision Regulations.

The minimum lot size permitted in § 255-60 shall apply to all new construction or alteration of existing leased land or seasonal housing parcels. If existing structures are too close together to meet the minimum lot size, the development may be proposed as a cluster development, pursuant to Article XIII.

Nothing in § 255-940 shall permit the creation of new housing developments on leased land except described in § 255-940A through E.

§ 255-950 Keeping of horses.

Keeping of horses in residential districts may be permitted under the following conditions:

There shall be no more than one horse per 7,500 square feet of fenced area. The fenced area must be for the horse or horses and shall be set back a minimum of 10 feet from any property line or residential building. For purposes of keeping horses for recreational purposes, the minimum street frontage requirements of § 255-600 shall not pertain.

§ 255-960 Utilities.

All utilities installed through the provisions of this chapter or any other Town ordinance governing utility installations shall, in developments and/or subdivisions, be installed underground unless specifically waived by the Commission.

§ 255-970 Telecommunication towers.

Purpose. The intent of this section is to regulate the placement of new telecommunication towers, telephone and cable television equipment and related equipment and addition of communication equipment to existing structures. The regulations serve to establish a procedure for application and variance from the regulations; establish development standards and locational requirements and to encourage the co-location of equipment onto existing structures.

The purpose of this section is to establish general guidelines for the siting of communication towers and antennas. The goals of this section are to:

Encourage the location of towers for telecommunication equipment and cable television equipment in nonresidential areas and minimize the total number of towers throughout the community;

Strongly encourage the joint use of new and existing tower sites;

Encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where any adverse impacts on the community are minimized;

Encourage applicants and users of towers, antennas and equipment to configure them in a way that minimizes the adverse visual impact of the towers, antennas and equipment;

ALTERNATIVE TOWER STRUCTURE

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

Addition(s) to existing tower(s) or nonresidential structure including the mechanical building, mounting equipment or additional antenna not to exceed 20 feet above the original structure.

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

GOVERNING AUTHORITY

Either the Buildings Official or the Zoning Board of Review.

HEIGHT

When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

PRE-EXISTING TOWERS AND ANTENNAS

Have the meaning set forth in Subsection C(3) of this section.

PUBLIC OFFICER

The Zoning Enforcement Officer or Building Official of the Town of Coventry.

RELATED EQUIPMENT

Equipment and/or structures which is/are an integral part of the system or any structures used to house such equipment.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Applicability.

New towers and facilities. The requirements set forth in this section shall govern the location of all new towers, facilities and related equipment that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

Amateur radio; receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 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.

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection D(3) and (4). Any such towers or antennas shall be referred to in this section as "preexisting towers" or "preexisting antennas."

General guidelines and requirements.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. Towers and base facilities may not take away required parking spaces of an existing building.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Building Department an inventory of its existing towers that are either within the Town of Coventry and within 10 miles of the border thereof, including specific information about the location, height, design and capacity of each tower. The Building Department may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the Town; provided, however, that the Building Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Federal requirements. All towers must meet or exceed current standards and regulations of the Rhode Island State Building Code, FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the State Building Codes as amended from time to time. If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then the Building Official shall proceed in accordance with Chapter 27.3 of Title 23 of the R.I.G.L., entitled "State Building Code."

Notification. All applicants shall send certified mail announcements to all other users locating in Coventry, declaring their sharing capabilities and siting needs. Except in cases where mechanical, structural or regulatory factors prevent them from sharing, applicants cannot be denied or deny space on a tower.

ANSI Standards. Upon completion of construction, the applicant shall submit an annual report to the Town Engineer which provides quantified electromagnetic field (EMF) measurements and compares these measurements to current Federal and American National Standards Institute (ANSI) standards or subsequent standards. If the project does not meet federal and ANSI standards, the permit may be modified or revoked.

Procedures.

General.

A preapplication conference with the Planning Department is required before any building permit is sought. The conference will serve to familiarize the applicant with the Town's regulations. The Planning Department shall approve the site plan prior to the issuance of any building permit.

Building permits are required for all telecommunications towers, related equipment and similar facilities.

Each applicant for such building permit shall apply to the Building Department, providing the information set forth in Subsection G(2) below.

The Building Department shall respond to each such application within 30 days after receiving it by either approving or denying the application. If the Building Department fails to respond to the applicant within said 30 days, then the application shall be deemed to be approved.

In connection with any such administrative approval, the Zoning Enforcement Officer may, in order to encourage shared use, administratively waive any zoning district setback requirement by up to 10%.

If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning article concerning appeals of administrative decisions.

Permitted uses.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such uses shall comply with Subsection D(3) and (4) above, and Subsection H and all other applicable statutes and articles.

Specific permitted uses. The following uses are specifically permitted:

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in an I1 Industrial or Business Park Zoning District; provided, however, that such tower shall be set back from any existing off-site residence a distance equal to the height of the tower or in the case of an unoccupied lot, set back a distance equal to the height of the tower less the residential yard setback for the adjacent residential lot;

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure;

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna;

Location of communication towers, cable television equipment and related equipment on municipal property, i.e., Town or school property, shall be allowed by right, provided that a site plan, approved by the Director of Planning, is provided before a building permit may be issued.

Special use permits.

General. The following conditions shall require the issuance of special use permits:

If the tower or antenna is not a permitted use under Subsection F of this section or permitted to be approved administratively pursuant to Subsection E of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

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.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

Information required. Each applicant requesting a special use permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, buffering/landscaping, adjacent uses, and other information deemed by the Zoning Board of Review to be necessary to assess compliance with this section.

Factors considered in granting special use permits. 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 they find that the goals of this section are better served thereby.

Height of the proposed tower;

Proximity of the tower to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

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

(g)

Proposed ingress and egress; and

(h)

Availability of suitable existing towers and other structures as discussed in Subsection F(2)(6) of this section.

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Design standards The following design standards shall apply to all towers and antennas approved by right or for which a special use permit is required; provided, however, that the Zoning Officer or the Zoning Board of Review, as is applicable, may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.

Setbacks and separation.

Towers must be set back a distance equal to the height of the tower from any residential structure or lot line, whichever is closer.

Guys and accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

In zoning districts other than Industrial or Business Park Zoning Districts, towers over 90 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 90 feet in height.

Aesthetics: lighting.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities into the natural setting and built environment.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the appropriate governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Landscaping.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip which incorporates such measures as to adequately protect adjacent properties, i.e., berming, shrub and tree plantings or a combination of these measures, at least six feet wide outside the perimeter of the compound shall be provided. A site plan approval from the Director of Planning and Development is required before a building permit may be issued.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Security fencing.

Towers and equipment shall be enclosed by security fencing not less than six feet in height, with appropriate anticlimbing devices.

Towers and fencing shall also be equipped with the appropriate measures to ensure security of the equipment and tower.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Building Official notifying the owner of such abandonment. The applicant/owner shall post a bond which shall be reevaluated every two years, to cover the cost of removal. If such antenna or tower is not removed within said 90 days, the Town may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

§ 255-980 Mill Conversion District.

Findings and purpose.

It is determined that throughout the Town there are a number of historic and industrial mill structures that have experienced high vacancy rates and physical deterioration. It is further determined that the Town's Comprehensive Plan encourages infill housing in existing medium- and high-density areas, including industrially zoned areas.

A MILL CONVERSION PROJECT

The purpose of this section is to create a Mill Conversion District as a floating zone to allow for the conversion of historic mills while preserving the character of nearby residential and commercial neighborhoods; to encourage the preservation, reuse and renovation of historic mill properties and to promote diversified housing opportunities as mill conversion projects.

Definitions.

The conversion of an existing mill, or portion thereof, to multifamily dwellings, assisted living facility, single-family dwelling units or studio units.

ELIGIBLE MILL

For the purposes of this section, a mill structure that was in existence before 1950.

Uses. A mill conversion project is governed by the Zoning Use Regulations in Article VI, Section 600, which such mill conversion project shall be implemented as a floating zone, allowing conversion to residential use no matter the underlying zoning district, and further subject to regulation pursuant to Article XVI, Development Plan Review.

Procedure.

A Mill Conversion District shall be considered a floating zone, requiring a zoning map amendment. Application for a Mill Conversion District shall be filed with the Town Clerk in accordance with the requirements and procedures of Article XVIII of this chapter to amend the Zoning Ordinance Map, including those provisions for fees, notice, and application requirements. If the Zoning Map amendment to establish the Mill Conversion District is approved by the Town Council, then any mill conversion project shall adhere to the regulations for development plan review set forth in the Coventry Zoning Ordinance at Article XVI. The floating zone district map amendment shall not become finalized until final development plan approval is received. Conditional approval of a Mill Conversion District as a floating zone map amendment by the Town Council shall not bind the Planning Commission to approving a specific mill conversion project under Article XVI.

The filing of a mill conversion floating zone map amendment petition does not imply its acceptance in whole or in part by the Town Council. The approval of a mill conversion floating zone, including any modifications, conditions, or restrictions thereto, represents a legally binding commitment by the applicant to carry out the mill conversion project as represented to the Town Council and as it may be approved.

Intensity regulations and standards for development.

Any mill conversion project that includes residential units shall have a minimum average of 1,000 square feet of living space for each unit in the subject mill. No unit shall have less than 720 square feet of living space. The Planning Commission may approve a plan for development and determine the appropriate dimensional requirements based on each specific and unique mill conversion project.

No additions shall be allowed to the mills for the purpose of gaining additional multifamily units. The Planning Commission shall have the authority to grant permission for additions for essential nonresidential uses.

The applicant shall be required to provide a minimum of two off-street parking spaces per residential unit on or immediately adjacent to the site. If a unit exceeds 2,000 square feet but has two or fewer bedrooms, the Planning Commission, in its sole discretion, may reduce the number of parking spaces for each unit. In no event shall the parking be reduced to less than one space.

If it deems appropriate, the Planning Commission may require the applicant to submit a Phase I Environmental Site Assessment or similar environmental review of the subject parcel.

All other general standards for review and development by the Planning Commission set forth in Article XVI, Development Plan Review, shall apply. Any applicant for a mill conversion project shall strive to renovate the mill structure(s) in a manner consistent with their original style.

§ 255-990 Adaptive reuse projects.

[Added 11-28-2023 by Ord. No. 2023-4]

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use under the criteria described below under Subsection B, Eligibility.

Eligibility.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

Density calculations.

For projects that meet the following criteria, the minimum residential density shall be 15 dwelling units per acre:

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

The development includes at least 20% low- and moderate-income housing.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

For all other adaptive reuse projects that are less than 15 dwelling units per acre, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

Dimensional requirements.

Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and are considered legal nonconforming.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

Notwithstanding other provisions of this chapter, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure, is included in the height exemption.

Parking requirements.

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

The parking requirements and design standards in Article XII and Article XVII, § 255-1750, shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for all uses other than residential.

Allowed uses within an adaptive reuse project.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of § 255-600, Schedule of Zoning District Use Regulations, for the zoning district in which the structure is located.

Development and design standards. Site design shall be in accordance with the Article XIII of the Land Development and Subdivision Regulations.

Procedural requirements.

Adaptive reuse project shall be subject to the procedural requirements of the Land Development and Subdivision Regulations and undergo either minor or major land development as determined in that section.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

The proposed residential density and the square footage of nonresidential uses. Residential density under the provisions of Subsection C(2) of this chapter shall be determined with the submission of a detailed floor plan as described in Subsection H(2)(b) of this section to the Zoning/Building Official for their review and approval.