[Added 1-22-2018 by Ch.
No. 1910]
A.
Authorization and purpose.
(1)
In RIGL § 1-3-3, the State of Rhode Island has declared
that "airport hazards may endanger the lives and property of users
of the airport and of occupants of land and other persons in its vicinity."
The state has also declared that "[t]he creation or establishment
of an airport hazard is a public nuisance and an injury to the community
served by the airport in question," and "[i]t is necessary in the
interest of public health, safety and general welfare that the creation
or establishment of airport hazards be prevented." The state has also
mandated that every town with an airport hazard area within its limits
"shall adopt, administer, and enforce, under the police power and
in the manner and upon the conditions prescribed, airport zoning regulations
for that part of the airport hazard area which is within its territorial
limits" RIGL § 1-3-5(a). These zoning regulations "may divide
the airport hazard area into zones, and, within those zones, specify
the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow."
(2)
The Westerly Airport Area (AA) Overlay District is hereby established
to regulate airport hazards in accordance with state mandate. These
regulations are reasonably necessary to effectuate the purpose of
state and federal law, including Chapter 3 of Title 1 and Chapter
22.2 of Title 45 of the Rhode Island General Laws and 14 CFR 77, entitled
"Objects Affecting Navigable Airspace" and the Federal Aviation Act
(49 U.S.C. Chapter 401).
B.
Statement of consistency with the Westerly Comprehensive Plan. The
Town of Westerly 2010 Comprehensive Plan ("Comprehensive Plan") recognizes
the Town's responsibility, under the state mandate, to protect the
public health and safety, and to prevent the creation or establishment
of airport hazards. This recognition is specifically identified in
the Comprehensive Plan by the short-term implementation item "Action
3.6: Adopt an Airport Protection Overlay District to control potential
airport hazards in the vicinity of the airport."
C.
Ordinance administration. The Department of Development Services
of the Town of Westerly is hereby designated as the Administrative
Agency, and the Zoning Official or his/her designee is charged with
the administration and enforcement of this section.
D.
AIRPORT
AIRPORT HAZARD
AIRPORT HAZARD AREA
AIRSPACE
BOARD OF APPEALS
CONFLICTION AREAS
FAA 7460-1 AIRSPACE ANALYSIS
IMAGINARY SURFACE
OBSTRUCTION
PART 77 SURFACES
RUNWAY PROTECTION ZONE (RPZ)
STRUCTURE
VARIANCE
Definitions. Unless specifically defined below, words and phrases
used in this section pertain to airport hazards, have the same meaning
as they have in common usage and give this section its most reasonable
application.
The Westerly State Airport located at Post Road and Airport
Road and near Tom Harvey Road.
Any electronic transmission device or structure, which, as
determined by the Federal Aviation Administration, interferes with
radio communication between airport and aircraft approaching or leaving
the airport, or any structure or tree or use of land which obstructs
the airspace required for the flight of aircraft in landing or taking
off at any airport or is otherwise hazardous to the landing or taking
off of aircraft.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this chapter and in
accordance with Title 1, Chapter 3 of the RI General Laws and the
Federal Aviation Act.
The space lying above the earth or above a certain area of
land or water that is necessary to conduct aviation operations.
The previously established Zoning Board of the Town of Westerly,
pursuant to RIGL 1-3-19, shall be the Airport Area Overlay District
Board of Appeals to hear and decide all variances and all appeals
from any order, requirement, decision, or determination made in the
enforcement of this section.
Those areas identified within the Airport Area Overlay District
where ground elevation plus the maximum height restriction under current
zoning (i.e., 35 feet above grade) is within the FAR Part 77 approach
surface and conflicts with the regulated imaginary surfaces.
An analysis performed by the FAA upon submission of an FAA
7460-1 (Notice of Proposed Construction or Alteration) form. This
analysis, performed pursuant to FAR Part 77, Objects Affecting Navigable
Airspace, concerns the effect of proposed construction or alteration
on the use of air navigation facilities or navigable airspace by aircraft.
The conclusion of each study is normally a determination as to whether
the specific proposal studied would be a hazard to air navigation
and/or a determination for marking and/or lighting.
That surface established with relation to the airport and
to each runway by the FAA. The size of each imaginary surface is based
on the category of each runway according to the type of approach available
for that runway. The slope and dimensions of the surface applied to
each end of a runway are determined by the most precise approach procedure
existing for that runway end.
Any object of natural growth, terrain, or permanent or temporary
construction or alteration, including equipment or materials used
therein, the height of which exceed the standards established in Subpart
C of Federal Aviation Regulations Part 77, Objects Affecting Navigable
Airspace.
Imaginary airspace surfaces established with relation to
each runway of an airport.
An area off the end of a runway used to enhance the protection
of people and property on the ground.
For the purposes of only this section, any object constructed
or installed by humans, excluding trees and vegetation, including,
but without limitation, buildings, towers, smokestacks, and overhead
transmission lines, including the poles or other structures supporting
the same.
For the purposes of this section, a variance is permission granted by the Board Of Appeals to depart from the literal requirements of this section in the establishment or maintenance of a use of land that is prohibited in the AA, including, without limitation, erecting any structures, increasing the height of any structure, permitting the growth of any tree, or otherwise using his or her property in violation of this section. The standards for a variance shall be those set forth in Subsection H herein, and are based on RIGL 1-3-15 and are different from the definition and standards used in all other sections of this chapter, which are based on RIGL 45-24-31(66) and 45-24-41.
E.
Regulatory limitations. The following additional regulations shall
apply within the Airport Hazard Area Overlay District as defined on
the Airport Area Overlay District Maps.
(1)
Runway Protection Zone (RPZ): This zone is the closest area to each
runway end and is intended to provide a clear area that is free of
aboveground obstructions and any structures, to enhance the protection
of people and property on the ground. The area defined by the RPZ
is represented at grade level and corresponds to the Zone A designated
on the Airport Layout Plan for the Westerly State Airport approved
by the FAA July 17, 2009.
(a)
Use restrictions. There shall be no residential or nonresidential development or other type of land use allowed in the RPZ except for open space areas, uses that do not attract wildlife, and those that do not interfere with navigational aids. The following potential compatible uses may be allowed only after development plan review approval, as set forth in Subsection F:
(b)
Height of structures and trees. Any structure as permitted under
this subsection, and any trees and vegetation, shall not exceed 15
feet in height above ground level.
(2)
Confliction areas: The confliction area maps 2A, B, C and D are based
on FAR Part 77 surfaces designated on the Airport Layout Plan for
the Westerly State Airport of July 2009 and the results of FAR Part
77 35' Height Analysis conducted by Stantec, engineering consultant
for RIAC, for the Westerly Airport in July 2016.
(a)
Height of structures. Any structure on a lot or parcel upon
which a mapped confliction area exists shall not penetrate a FAR Part
77 surface, unless a variance is received from the board of appeals,
as set forth herein. Following construction or installation of any
structure, an applicant shall provide the Zoning Official an as-built
with a vertical survey performed by a registered professional engineer
and/or registered land surveyor, demonstrating that the proposed structure
does not penetrate any FAR Part 77 surface.
(b)
Use according to underlying zoning. Use of a lot or parcel upon
which a mapped confliction area exists shall be in accordance with
the standard use regulations for the underlying zone as set forth
in this chapter.
(c)
Development plan review. Any structure, development or subdivision, other than the construction of a single-family residence, the enlargement, expansion, or reconstruction of a single-family residence, or any administrative subdivision, on a lot or parcel upon which a mapped confliction area exists must submit a single application for development plan review to the Planning Board as set forth in Subsection F. This submission may be combined with any other application required by the Zoning Ordinance or Subdivision Regulations.
F.
Development plan review procedures. On applications not requiring a variance, the Planning Board shall have the authority to approve, approve with conditions or disapprove the application. On applications requiring a variance, in accordance with Subsection H, the Planning Board review shall be advisory to the Zoning Board sitting as the Airport Area Overlay District Board of Appeals. Approval of the development plan shall become null and void unless construction has commenced or a building permit issued within 180 days from the date of approval. Development plan review will be conducted by the Planning Board as follows.
(1)
Submission requirements. An applicant for development plan review
under this section shall submit a single application consisting of:
(a)
An application fee of $100;
(b)
A summary of the project, outlining the proposed improvements;
(c)
A composite site plan prepared by a registered engineer or land surveyor, stamped and dated, meeting the requirements of § 260-45E(3);
(d)
A vertical survey performed by a registered professional engineer
and/or registered land surveyor, demonstrating whether or not the
proposed development will result in the penetration of the FAR Part
77 surfaces within a confliction area;
(e)
A completed Federal Aviation Administration (FAA) Form 7460-1
"Notice of Proposed Construction or Alteration" and either FAA approval
or an FAA "Determination of No Hazard to Air Navigation" (with or
without conditions);
(f)
Proof of submission to the Rhode Island Airport Corporation
(at Rhode Island Airport Corporation, Attention Planning Department,
2000 Post Road, Warwick, RI 02886) with a request for their review
and recommendation as to the aeronautical effects of the proposed
development; and
(g)
Any additional information deemed necessary by the reviewing
officer or Planning Board for adequate review of the proposed project.
(2)
Standards for development plan review. In review of an application,
the Planning Board shall apply the following standards:
(a)
Relation of proposed structures to buildings in the vicinity.
The design and layout of the proposed structures shall be harmonious
with the terrain and with existing buildings in the vicinity. Visual
compatibility with the surrounding area shall be emphasized, with
attention to the scale (mass), height, and proportions of the proposed
structures, including but not limited to the setbacks and open spaces
surrounding the buildings, the design of the buildings (including
roof style, facade, architectural style and detailing), and building
materials; and
(b)
Relation of proposed structures to the FAR Part 77 surfaces.
The design, layout and height of the proposed structures shall not
result in a hazard to air navigation, or, where such hazard to air
navigation is documented, it has been effectively addressed by marking
and/or lighting in accordance with an FAA determination and/or RIAC
opinion.
(3)
Revisions. A development plan may be revised upon written approval
of the Town Planner if all revisions are done in accordance with the
provisions of this chapter and with any conditions to which the original
approved plan is subject; provided, however, that any revision to
a development plan determined by the Town Planner to be a substantial
revision will require resubmission for approval as for a new plan.
G.
Continuance of existing use or structure. No airport zoning regulations
adopted under this chapter shall require the removal, lowering, or
other change or alteration of any structure not conforming to the
regulations when adopted, or otherwise interfere with the continuance
of any nonconforming use, except as specified herein.
(1)
Continuation of a dimensionally nonconforming structure. Any preexisting
dimensionally nonconforming structure shall not be required to be
removed, lowered or otherwise changed or altered to conform to the
requirements of this section. Nothing herein shall prevent any government
entity otherwise authorized to regulate airport hazards or exercise
the powers of eminent domain from exercising such powers, including
requiring that any use or structure be lighted or marked and the removing
of such use or structure or trees that violate the height requirements
and/or constitute a hazard to air navigation.
(2)
Replacement of a dimensionally nonconforming structure. Before a dimensionally nonconforming structure may be replaced, substantially altered or repaired, or rebuilt, development plan review approval shall be obtained from the Planning Board according to the procedures set forth in Subsection F of this section. No approval shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted.
(3)
Abandonment. Whenever the Zoning Official determines that a dimensionally nonconforming structure has been abandoned as defined in § 260-9 of this chapter, or more than 80% torn down, destroyed, deteriorated or decayed:
(a)
No building permit shall be granted that would allow the structure
to exceed the applicable height limit or otherwise deviate from the
regulations of this section;
(b)
Whether application is made for a building permit under this
section or not, the Zoning Official may by appropriate action compel
the owner of the nonconforming structure or tree, at his or her own
expense, to lower, remove, reconstruct or equip the object as may
be necessary to conform to this section.
H.
Variances by the Zoning Board. Any person desiring to erect any structure,
increase the height of any structure, permit the growth of any tree,
or otherwise use his property in violation of the regulations of this
section may apply to the Zoning Board sitting as the Airport Area
Board of Appeals for a variance from the regulations in question.
(1)
A variance under this section shall be allowed where:
(a)
Literal application or enforcement of the regulations would
result in practical difficulty or unnecessary hardship; and
(b)
The relief granted would not be contrary to the public interest
but do substantial justice; and
(c)
The relief granted would be in accordance with the spirit of
the regulations found in Chapter 3 of Title 1 of the Rhode Island
General Laws.
I.
Special conditions by Zoning Board or Planning Board. The Zoning
Board, in granting a variance, and the Planning Board, in granting
development plan review approval, may impose special conditions that
may, in the opinion of such board, be required to promote the intent
and purposes of this section, the Zoning Ordinance and the Comprehensive
Plan. Those special conditions shall be based on competent credible
evidence on the record, be incorporated into the decision, and may
include, but are not limited to, provisions for:
(1)
Requiring the owner of the structure or tree in question to install,
operate and maintain suitable obstruction markers and obstruction
lights thereon;
(2)
Restricting the height of part or all of the structures below the
applied-for height;
(3)
Controlling the sequence of development, including when it must be
commenced and completed;
(4)
Controlling the duration of use or development, including hours of
operation, and the time within which any temporary structure must
be removed; and
(5)
Designating the exact location and nature of development.
J.
Appeals.
(1)
An appeal may be taken by a person aggrieved by any order, requirement, decision, or determination made in the administration or enforcement of this section or by any development plan review decision of the Planning Board to the Board of Appeals (i.e., Zoning Board). Said appeal procedures shall be those outlined within § 260-39 (Appeals to Zoning Board of Review) as associated with administrative determinations or § A261-45 (Process of appeal) as associated with the development plan review process.
(2)
In accordance with RIGL 1-3-27, any person or persons jointly or
severally aggrieved by any decision of the Board of Appeals, or any
taxpayer, or any officer, department, board, or bureau of the Town
of Westerly, may appeal to the RI Superior Court in the manner prescribed
by RIGL 45-24-63, and the provisions of that section shall in all
respects be applicable to the appeal.
K.
Penalties. Any violations, penalties and associated noncompliance with this section, including failure to abide by any special conditions attached to an approval, shall be subject to those penalties listed within § 260-26 (Enforcement) of this chapter.
L.
Conflicting regulations. In the event of conflict between the regulations
set forth in this section and any other regulations applicable to
the same area, whether the conflict is with respect to the height
of structure, the use of land, or any other matter adopted by the
Town of Westerly, the more stringent limitation or requirement shall
govern.
[Amended 9-27-1999 by Ch. No. 1276; 8-19-2019 by Ch. No. 1975; 9-11-2000 by Ch. No. 1320; 10-26-2020 by Ch. No. 1997; 11-22-2021 by Ch. No.
2011]
A.
Purposes. The groundwater underlying the Town is the sole source
of its existing and future drinking water supply. Discharges of toxic
and hazardous materials and sewage threaten the quality of such groundwater
supplies and related water resources, posing potential public health
and safety hazards and threatening economic losses to the community.
Thus, the purpose of this Aquifer and Wellhead Protection Overlay
District (the District) is to protect the Town's high quality groundwater
aquifers and wellhead protection areas from contamination through
incompatible land uses; to protect, preserve, and maintain the quality
and quantity of the groundwater supply; and to protect the health,
safety, and welfare of the public. The areas that need protection
include the public supply wells, community and noncommunity wellhead
protection areas, groundwater reservoirs, and associated GAA groundwater
recharge areas.
B.
AQUIFER PROTECTION PERMIT
AQUIFER PROTECTION ZONE
BEST MANAGEMENT PRACTICE WORK PLAN (BMP)
CONTAINMENT STRUCTURE
LAND USES WITH HIGHER POTENTIAL LOADS (LUHPPLs)
LOW-IMPACT DEVELOPMENT (LID)
UNDERGROUND STORAGE TANK (UST)
WELLHEAD PROTECTION ZONE
(1)
(2)
Definitions. Unless specified below or in § 260-9 of this chapter, the terms and phrases used in this section shall be defined in the same manner that they are defined, and amended, by the regulations of the Rhode Island Department of Environmental Management (RIDEM). See RIDEM Groundwater Quality Rules 250-RICR-150-05-3.
Those areas depicted on the Official Zoning Map for the Town
of Westerly intended to capture and protect important areas of the
Town's water supply from contamination. These areas generally include
groundwater recharge areas providing GAA classified groundwater. GAA
classified groundwater, as defined in R.I.G.L. § 46-13.1-4(a)(1),
is groundwater sources suitable for public drinking water use without
treatment.
A schedule of activities, prohibition of practices, maintenance
procedures, and other management practices designed to prevent or
reduce the degradation of the Town's groundwater quality to the maximum
extent possible.
A structure designed, built, and maintained for the purpose
of sufficiently enclosing an aboveground storage tank or individual
storage containers (e.g., drums) to contain spills until spill cleanup,
which precludes entry of water and other materials not intended for
storage therein, and from which entry by unauthorized persons is prevented.
Areas where the land use has the potential to generate highly
contaminated runoff, with concentrations of pollutants in excess of
those typically found in stormwater. See 250-RICR-150-10-8, Stormwater.
LUHPPLs include those land uses and activities identified in Table
3-2 of the Rhode Island Stormwater Design and Installation Standards
Manual (2015) as requiring the use of specific source control and
pollution prevention measures, which include industrial uses, auto
fueling facilities, vehicle service, maintenance and equipment cleaning,
road salt storage and loading areas, and outdoor storage and loading/unloading
of hazardous substances.
A site planning and design strategy intended to maintain
or replicate predevelopment hydrology through the use of site planning,
source control, and small-scale practices integrated throughout the
site to prevent, infiltrate, and manage runoff as close to its source
as possible. See 250-RICR-150-10-8, Stormwater. The goal of LID is
to the maximum extent practicable: 1) avoid increased runoff by protecting
or restoring natural areas; 2) reduce runoff by limiting impervious
cover and using pervious pavement; and 3) manage runoff using small-scale,
vegetated treatment systems such as rain gardens and grassed swales.
Any underground tank, and associated components, including
piping, used to contain, transport, or store regulated substances
whose volume is 10% or more beneath the surface of the ground. Regulated
substances include hazardous materials and hazardous wastes, such
as petroleum and petroleum-based substances, acetone, ethanol, ethylene
oxide, methanol, methylene chloride, and perchloroethylene. See 250-RICR-140-25-1,
Section 1.5(A).
Those areas depicted on the Official Zoning Map for the Town
of Westerly intended to capture and protect critical areas of the
Town's water supply from contamination and includes the critical portion
of a three-dimensional zone surrounding a public well or wellfield
through which water will move toward and reach such well or wellfield
as designated by the Director of the RIDEM and which may be periodically
updated and are available through RIGIS. These areas generally include
community and noncommunity wellhead protection areas. See also the
RIDEM Groundwater Protection Rules which include groundwater classification
and wellhead protection area maps.
COMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a community well that serves a community water system serving year-round residents with at least 15 service connections used by year-round residents or at least 25 individual year-round residents.
NONCOMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a noncommunity well serving a public water system that is not a community well. Noncommunity wells may serve communities of at least 25 people for a least 60 days of the year.
C.
Designation. The Aquifer and Wellhead Protection Overlay District
(the District) shall be defined as lots of record, or portions thereof,
which are indicated as major stratified drift aquifers and their recharge
areas (GAA classified groundwater), community wellhead protection
areas, and noncommunity wellhead protection areas. The character of
soils and subsoil conditions in these areas is such that any use introducing
pollutants, contaminants or wastes into the natural drainage system
could adversely affect the quality of municipal drinking water sources.
(1)
The District is composed of a Wellhead Protection Zone (WPZ) and
an Aquifer Protection Zone (APZ). The District, and the WPZ and APZ,
are identified on the Official Zoning Map that is part of this chapter,
on file in the Town Clerk's Office, and on display in the Zoning Office.
(2)
The Official Zoning Map of the District is based upon natural topography
and estimated groundwater recharge flow lines, not property boundaries,
and boundaries are delineated on the following RIDEM maps which are
incorporated by reference. The boundaries of the water supply basin
and subwatersheds are delineated by the RIDEM using the United States
Geological Survey 7.5-minute quadrangle maps (1:24,000 scale), and
amendments thereto. The primary groundwater protection areas are delineated
by the RIDEM pursuant to the methodology described in the Groundwater
Quality Rules, 250-RICR-150-05-3, January 9, 2019, and amendments
thereto. All District boundaries are available through the Rhode Island
Geographic Information System (RIGIS). The boundaries of the District,
and therefore the Official Zoning Map, are concurrently and automatically
revised based upon improved data and refined delineations provided
by the RIDEM through amendments to the Groundwater Quality Rules and
RIGIS updates. This includes updates when community and noncommunity
wells are approved by RIDEM or the Rhode Island Department of Health.
(3)
When a lot is partially within the overlay district, the entire lot
shall be considered to be located within the overlay district for
application purposes.
D.
Preemption. The Aquifer and Wellhead Protection Overlay District is superimposed over any underlying zoning district established by this chapter. The regulations imposed within the District shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed within the District and those imposed by the underlying zoning district, the regulations imposed by § 260-52 shall govern. Where a new public water supply well(s) is licensed or approved, the new well and associated land use activities shall be subject to all standards and requirements of this section.
E.
Prohibited activities in the District. In addition to the prohibited uses which are identified in Zoning District Use Tables, Ch. 260 Attachment 11:
(1)
The following activities shall be prohibited in the APZ and WPZ:
(a)
Underground storage tank (UST) installations;
(b)
Use of hazardous materials while conducting fire suppression
training, fire suppression cleanup, and storage of fire suppression
materials classified as hazardous, including PFOS/PFOA and related
chemicals;
(c)
Uncovered solid waste storage (i.e., dumpsters) associated with
any use, which may result in discharge of waste to the environment;
(e)
Interior floor drains designed to permit fluid from any interior
space to be discharged into or onto the ground, unless in accord with
Section H(4) of this section;
(g)
Land disposal of sewage sludge and septage; and
(h)
Animal waste storage on farms.
F.
Activities requiring an aquifer protection permit. In addition to the uses permitted with an aquifer protection permit which are identified in Zoning District Use Tables, Ch. 260 Attachment 11, the following associated activities require an aquifer permit in the District:
(1)
Use and/or storage of solid waste, hazardous or toxic waste/materials,
and petroleum products, which require a BMP work plan;
(2)
On-site wastewater treatment systems or multiple systems serving
the same use that exceed 2,000 gallons per day maximum daily design
flow;
(3)
Car washing activities (except incidental to residential uses); and
(4)
Stormwater runoff with potential contamination from hazardous or
toxic waste, petroleum product, or deicing materials, which must be
treated in accordance with specific guidelines and may require submission
of a BMP work plan.
G.
Aquifer protection permits. In accord with the authority vested to the Town in R.I.G.L. § 45-24-42, an aquifer protection permit shall be required for those uses, as identified on the Zoning District Use Tables, Chapter 260 Attachment 11, as "Q," and as identified in Subsection F above, when located within the District. An aquifer protection permit shall be in addition to any other relief the applicant/owner is required to obtain.
(1)
Application.
(a)
An application for an aquifer protection permit may be made
by any person, group, agency, or corporation with a legal interest
in the land to which it applies by filing in the Zoning Office an
application describing the request, together with the pertinent application
fee.
(b)
The form and such data and/or evidence which comprise such an
application shall be as set forth in forms provided by the Zoning
Official.
[1]
The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII of the Zoning Ordinance.
[2]
Each application for an aquifer protection permit shall, at
a minimum, require the following items be submitted:
[a]
The original application and 10 copies of a site
plan prepared by a land use design professional, such as a professional
engineer, land surveyor or architect licensed in the State of Rhode
Island and to the extent allowed by their professional license, at
a scale of not less than one inch equals 40 feet, clearly showing
the following:
[i]
Name and address of property owner(s);
[ii]
Date, North arrow, graphic scale, lot dimensions and area in
square feet or acres;
[iii]
Plat and lot, zoning district(s) and front, side
and rear yard setbacks;
[iv]
Existing and proposed structures, and their relationship and
distances from lot boundary lines;
[v]
FEMA flood hazard zone, wetlands and coastal features boundaries,
if present;
[vi]
Existing and proposed topography at two-foot intervals;
[vii]
Existing and proposed driveways, parking areas
and walkways;
[viii]
Existing and proposed landscaping, as it relates
to the request;
[ix]
Existing streets, 911 address, wells, septic system; and
[x]
Any peculiar site conditions or features.
[b]
List of names and addresses of all property owners
within 200 feet of the subject property, and 10 copies of a separate
map showing all property owners within 200 feet of the subject property
and/or all those property owners and entities that require notice
under R.I.G.L. § 45-24-53, also depicting any zone district
boundary and uses of all neighboring properties.
[c]
Letter from a biologist indicating that there are
no coastal or freshwater wetlands on or in proximity to the site.
In cases where the application is regulated by the Rhode Island Freshwater
Wetlands Act or the Rhode Island Coastal Resources Management Council
("CRMC"), a physical alteration permit issued by the Rhode Island
Department of Environmental Management ("RIDEM") and, where applicable,
the United States Army Corps of Engineers shall be required.
[d]
Where construction requires approval by RIDEM Office
of Water Resources for an OWTS (on-site wastewater treatment system)
or change of use permit for the proposed activity, attach a copy of
the required application.
[e]
Soil erosion and stormwater control plan with supporting
calculations based on standards approved by the USDA Natural Resources
Conservation Service and in conformity with the Rhode Island Erosion
and Sediment Control Handbook.
[f]
Evidence that there is sufficient water supply
to support the proposed activity and that this supply is of drinking
water quality.
[3]
Each application form for an aquifer protection permit shall,
at a minimum, require the following:
[a]
Name and address of applicant, property owner,
and lessee.
[b]
Location of the lot given as the street address,
tax assessor's plat and lot number, and 911 address.
[c]
Zoning district the lot is located in.
[d]
Dimensions of the lot, in feet, to include frontage,
depth, and area.
[e]
Present and proposed use of the lot.
[f]
Identification of all structures on the lot, including
their size in feet.
[g]
How long the current owner has owned the lot.
[h]
The year that the lot was platted and recorded.
[i]
Whether the owner or applicant has received a notice
of violation for this or any property in the Town of Westerly and
the status of that alleged violation. If a notice of violation was
issued, a copy is to be attached to the application.
[j]
Whether you have submitted plans related to this
request to the Zoning Official.
[k]
Whether you have requested a permit related to
this request and, if so, whether the permit has been refused. If the
permit request was refused, a copy of the written denial is to be
attached.
[l]
Identification of the section of the Zoning Ordinance
under which this application is filed.
[m]
Describe in detail the wastewater generated by
the proposed activity.
[n]
Describe in detail the stormwater runoff generated
by the proposed activity;
[o]
List and describe in detail all chemicals, solvents,
detergents, petroleum products, etc. (including but not limited to
all substances required to be identified by the Rhode Island Right
to Know Law, R.I.G.L. § 28-21-1 et seq.), to be stored or
used on the premises and the precautions and/or container systems
proposed.
[p]
A specific statement of the grounds for which the
relief is sought.
[q]
Identification of, and explanation for, the application
submission(s) that the applicant seeks to have waived.
[r]
The application is to be signed by the applicant
or owner.
[4]
Upon receipt of a completed application and all required submissions,
the Zoning Official shall:
[a]
Transmit a copy to the Zoning Board and Town Planner;
[b]
Order the matter for advertisement in accord with
the Rhode Island General Laws and Zoning Ordinance for the next practicable
meeting of the Zoning Board; and
[c]
Notify the applicant that the application has been
determined complete and the date it is scheduled to be heard by the
Zoning Board.
[5]
The Zoning Board shall have the authority to require additional
materials reasonably related to its analysis of the application.
(3)
Findings of Zoning Board. In granting an aquifer protection permit,
the Zoning Board shall be satisfied by legally competent, and scientifically
valid, evidence that all best practices and procedures to minimize
the possibility of any adverse effects on the aquifer have been considered
and will be employed, including but not limited to considerations
of soil erosion, water supply protection, septic disposal, and wetland
protection. Positive findings must be made regarding the following:
(a)
Adequacy and suitability of the site for the proposed use, including
the availability of utilities and other public services.
(b)
The simplicity, reliability, and feasibility of the control
measures proposed and the degree of threat to water quality and/or
quantity that would result if proposed control measures were to fail.
(c)
Obtaining and maintaining all required federal and state licenses.
(d)
Adequacy of sewage disposal method, considering the need for
advanced wastewater treatment and use of alternative pressurized and
time-dosed drainfields to protect water sources (shallow, narrow drainfields
should be used to provide better treatment, rather than bottomless
sand filters, where water table allows).
(e)
Use of low-impact development (LID) is required to the maximum
extent practicable, including avoiding disturbance of natural areas,
reducing impervious cover, and use of small-scale stormwater best
management practices located close to where runoff is generated. (See
Rhode Island Low Impact Development Site Planning and Design Guidance
Manual prepared by RIDEM and CRMC for guidance.)
(f)
Soil erosion and sediment control plans designed using all applicable
measures in the Rhode Island Soil Erosion and Sediment Control (SESC)
Handbook (Rhode Island State Conservation Committee, 2016) and subsequent
updates and in compliance with all RIDEM minimum standards for construction
site stormwater management (RIDEM Stormwater Rules).
(g)
Provisions for protecting and restoring natural buffers that
maximize protection of wetlands and surface water bodies.
(h)
Mitigation of the impact on public and private water supplies
to the greatest extent possible.
(i)
Adequate and available proposed groundwater withdrawals, considering
the quantity and quality of supply potentially available for the intended
use (and potential impacts to wetlands and surrounding properties).
(j)
Proper storage of any potentially hazardous material and a hazardous
materials contingency plan for these materials.
(k)
The ability to meet the standards contained in the 250-RICR-150-05-3,
Groundwater Quality Rules Section 3.11 "Groundwater Quality Standards
and Preventive Action Limits," pertaining to GAA and GA classified
groundwater areas.
(4)
Expert testimony. At the request of the Zoning Board, the Town may
engage a professional civil engineer, hydrologist, geologist, soil
scientist, or other appropriate professional for outside expertise,
at the expense of the applicant, to provide findings and recommendations,
including a statement of general consistency of the application with
the goals and purposes of this section. Said findings shall be provided
to the Zoning Board and applicant and shall be a public document available
for review in the office of the Zoning Official.
H.
Specific design standards. The following specific site design and
construction standards shall be required for all new and substantially
reconstructed uses (as defined by the State of Rhode Island Building
Code), other than one- or two-household residential uses within the
District.
(1)
Use and/or storage of solid waste, hazardous or toxic waste/materials, petroleum products, and chemicals (including fertilizers, pesticides, and herbicides). In addition to the following, use and storage of such materials in the WPZ or APZ may require a best management plan work plan (see Subsection I).
(a)
Solid waste storage must be contained in a covered dumpster
with drain plugs intact. Dumpsters must be properly maintained and
emptied in a manner such that no solid waste is discharged to the
environment.
(b)
Storage of hazardous or toxic waste or materials and/or petroleum
products (significant or insignificant quantities), where permitted,
shall be contained in accordance with the following:
[1]
Outdoor storage of hazardous or toxic materials or petroleum
is prohibited, unless the Fire District Chief has determined that
indoor storage would create a fire hazard, in which case an aquifer
protection permit shall be required.
[2]
Storage tanks shall be located within a building having roofing,
walls, and floor(s) constructed of such materials as to render said
building weather tight, and within a containment structure so as to
prevent leakage of such products or materials into or onto the ground.
[3]
Excluding portable fuel tanks for agricultural uses, storage
tanks may be located outdoors provided they are located within a containment
structure that has an impermeable base and surrounding barrier.
[4]
Storage of heating fuel shall not exceed 500 gallons, except
for storage regulated and permitted by RIDEM.
[5]
The containment structure shall be designed such that:
[a]
It is constructed of materials that are impermeable
and compatible to the material being contained.
[b]
It will contain greater than 110% of the capacity
of the largest tank. If the containment structure is for individual
containers, e.g., drums, it shall be designed to contain greater than
10% of the total volume of all the containers or the volume of the
largest container, whichever is greater.
[c]
Outdoor storage shall additionally be covered to
protect the tanks and prevent accumulation of precipitation within
the barriers. Where roofing is not practical, the containment structure
shall be designed with an additional capacity sufficient to contain
precipitation from a twenty-five-year, twenty-four-hour, rainfall
event. Runoff from the containment shall be controlled by means of
pumps, siphons or piping designed to eliminate discharge of contaminated
water into the environment in the event of a spill or have a drain
valve which will allow clear stormwater to be manually released as
needed.
(2)
Storage of road salt and/or deicing material. Storage of road salt
and/or deicing material (salt/sand mixtures) is prohibited in both
the Wellhead and Aquifer Protection Zones unless the storage of these
materials is in accord with 250-RICR-150-05-3, Groundwater Quality
Rules, Section 3.8, "Prohibitions and Other General Requirements."
Per Section 3.8, storage must meet the following conditions:
(a)
A secured, durable, waterproof cover over an impermeable base
is required for all storage areas;
(b)
If the pile is larger than 100 cubic yards, materials must be
stored within a weatherproof structure; and
(c)
A BMP work plan must be implemented to control runoff from the
operational area around the storage area.
(3)
Car washing facilities. Except incidental to residential uses, washing
of motor vehicles requires an aquifer protection permit. Car washing
facilities may be permitted by aquifer protection permit only if using
recycled water and not discharging to the environment.
(4)
Interior floor drains. Interior floor drains designed to permit fluid
from any interior space to be discharged into or onto the ground shall
be prohibited. Such interior floor drains may be permitted if designed
to empty into an aboveground storage tank, capable of completely containing
anticipated flows. Such tanks, if provided, shall:
(a)
Not exceed 300 gallons of capacity;
(b)
Shall be located in a basement or cellar, above the surface
of floor, and the floor shall be constructed of concrete or contain
a membrane liner capable of containing spills;
(c)
If the basement or cellar floor is dirt, the tank shall be protected
from the elements, rust-proofing shall be applied to the tank, and
the tank shall be anchored to a concrete foundation capable of supporting
the tank and which is larger than the tank in length and width to
prevent leaks onto pervious surfaces;
(d)
If the tank exceeds 300 gallons of capacity, but has less than 10,000 gallons of capacity, it shall be governed by § 260-52H(1)(b); and
(e)
If the tank exceeds 10,000 gallons of capacity, the applicant
shall be required to obtain an aquifer protection permit.
(5)
Stormwater management. Site design and construction standards shall
follow, where applicable, the standards of the Rhode Island Stormwater
Management, Design, and Installation Rules (250-RICR-150-10-8), recommendations
and guidelines as provided in the Rhode Island Stormwater Design and
Installation Standards Manual, 2015 and Rhode Island SESC Handbook
(Rhode Island State Conservation Committee, 2016), as amended. These
stormwater management requirements shall incorporate best management
practices to meet all DEM minimum standards, including low-impact
development (LID) as the primary means to avoid site disturbance,
reduce impervious cover, and minimize runoff to the maximum extent
practicable, and be designed to be effective in maintaining predevelopment
groundwater recharge, and pollutant removal sufficient to maintain
existing groundwater quality conditions, and without measurable impacts
to groundwater and surface water resources. They shall be commensurate
with the size and nature of the proposed use and designed for ease
of access and low maintenance.
(a)
Rainwater collected upon permanent roofing over 1,500 square
feet in total area per lot shall be directed into dry wells, injection
wells, or underground leaching galleys or otherwise diverted to a
permeable ground surface, so as to encourage recharge of the groundwater;
provided, however, that such rainwater shall not be mixed with stormwater
runoff from any land uses with higher pollution potential (LUHPPL)
prior to discharge into or onto the ground.
(b)
In addition to the requirements of Chapter 224, Stormwater Management, of the Town of Westerly Code, stormwater runoff from LUHPPLs (paved high-use parking lots, loading areas, storage and operating areas, and other impervious surfaces subject to contamination from road deicing materials or petroleum products) shall be treated in accordance with the "Acceptable BMPs for Use at LUHPPLs," Table 3-3 of the Rhode Island Stormwater Design and Installation Standards Manual, 2015. At a minimum, RIDEM standards for treatment of such stormwater discharges from land uses with higher potential loads (LUHPPLs) must be met or exceeded (250 RICR-150-10-8, 8.14 Minimum Standard 8, acceptable stormwater management practices listed in RIDEM Stormwater Manual Table 8.14). Such BMP work plans may include:
(6)
Vegetation. At least 20% of the area of each lot shall be retained
as undisturbed soil and existing vegetation or for disturbed sites,
restored soil and native vegetation.
(7)
Land disturbance for development. Earth removal associated with site
development, excluding construction necessary for new farm ponds,
new drainage structures, and new farm roads, shall be subject to the
following restrictions in the District:
(a)
A minimum separation distance of four feet between the bottom
of the excavation and the seasonal high-water table, as verified by
RIDEM, shall be maintained;
(b)
The installation and regular maintenance of permanent soil erosion
and sediment control measures, as outlined in the RI SESC Handbook
(Rhode Island State Conservation Committee, 2016), as revised, shall
be required, including permanent revegetation of the land surface
upon cessation of earth removal operations;
(c)
Earth removal activities conducted as part of an approved subdivision
shall comply with the Rhode Island Stormwater Management Manual, the
Westerly Zoning Ordinances, and all other federal, state and Town
statutes and regulations; and
(d)
The adjustment of grade on a lot may be cut or filled up to
a maximum of two feet above or below existing grade within the APZ
or WPZ.
I.
Best management practice (BMP) work plan. Where an aquifer protection
permit is required and the proposed use involves solid waste, hazardous
or toxic waste/materials, petroleum products, chemicals (including
fertilizers, pesticides, and herbicides), road salt and/or deicing
material, or if state or federal permit, approval, or license is required
because the use involves hazardous materials including hazardous waste,
a BMP work plan shall be submitted.
(1)
A BMP work plan shall, at a minimum, include the following:
(a)
Indication of how the applicant will comply with all applicable design standards identified in § 260-52H.
(b)
A copy of each item submitted with the application for the aquifer
protection permit.
(c)
A copy of each required state and/or federal permit, approval,
or license required for the proposed use along with citation to the
statute, law, ordinance, or regulation requiring these documents.
(d)
List of all chemicals, pesticides, petroleum products, and other
hazardous materials and the maximum quantity to be used, stored, transferred,
or generated on the premises at any one time accompanied by a description
of measures proposed to protect them from vandalism, corrosion, leakage,
malfunction, or spill including spill prevention and cleanup procedures
and other countermeasures.
(e)
Description of all hazardous or potentially hazardous wastes
to be generated and the system to be used that will collect, store,
treat (if necessary) on site, and subsequently dispose of off site,
all waste products other than sanitary sewage. Include spill prevention
and cleanup procedures to be used.
(f)
Proposed measures to mitigate any potential adverse impact from
hazardous materials or petroleum products spillage on the groundwater
or structures feeding the groundwater.
(g)
Description of the method by which local, state, and federal
authorities will be notified in the event of an accident or spill
of a hazardous material or petroleum product that will have a potentially
adverse impact on the environment.
(h)
Evidence of qualified professional supervision in the design,
installation, operation, and maintenance of facilities or containers
to be used for the handling, storage, generation, and disposal of
hazardous materials and petroleum products.
(i)
Documentation that drums and storage containers will:
(j)
Description of weekly storage area inspections, looking for
leaks and for deterioration caused by corrosion or other factors.
Inspections shall continue as long as hazardous materials are stored
on site and/or containers that may contain traces of hazardous materials
remain on site.
[1]
Inspections shall include recording the inspection in an inspection
log and filling out a weekly hazardous material storage area inspection
checklist form during the inspection. An example form may be obtained
from the Zoning Office.
[2]
These records shall be kept for at least three years from the
date of the inspection and shall be made available to the Zoning Official
upon reasonable request.
[3]
If storage includes hazardous waste for which a weekly hazardous
waste storage area inspection checklist form is required to be recorded
as per the RIDEM (See Section 2.0 of the Hazardous Waste Compliance
Workbook for Rhode Island Hazardous Waste Generators, RIDEM Office
of Customer and Technical Assistance and Office of Waste Management,
dated December 2015, or the most recent revisions thereto), those
records shall also be made available to the Zoning Official after
reasonable request.
(k)
Procedures for clearly labeling containers and tanks as to contents.
(l)
Procedures for clearly marking hazardous materials generation
and storage areas to indicate the presence of hazardous materials.
Material safety data sheets (MSDS) shall be kept for all hazardous
materials near the point of generation and storage for ready access
by employees, inspectors, etc.
(m)
Requirements for venting systems for evaporation or other type
of discharge to the atmosphere of hazardous materials to be designed
with a recovery system to prevent the release of contaminated condensate
or drippage.
(n)
Description of areas used for loading and transferring hazardous
materials and/or petroleum products to have an impermeable surface
and a dike to contain spills or leaks.
(o)
Demonstration that adequate quantity of spill containment materials
will be maintained on hand, documented training in the use of such
containment materials and prevention of spills and releases will be
provided, and a written plan for proper use and disposal of these
materials for all potential spills or releases.
(p)
Address fire protection systems needed for flammable or combustible
materials stored in these areas (i.e., to prevent catastrophic fire
and release of materials resulting from the fire).
(2)
Insignificant quantities of materials. The requirements of the BMP
work plan do not apply to insignificant quantities of materials on
site if, in the opinion of the Zoning Board, the presence of such
substance does not constitute a potential for degradation of surface
or groundwater resources in the area and such substance is contained
in a suitable storage area.
(a)
To make a determination on the presence of significant quantities
of such materials, the applicant shall provide the Zoning Board with
a list of all such materials and their respective quantities to be
located on site, as well as the written opinions of the RIDEM Division
of Air and Hazardous Materials, the RIDEM Division of Agriculture,
or the Rhode Island Pesticide Coordinator, as applicable.
(b)
Insignificant quantities of hazardous materials may be construed
as that which are necessary for the operation of a farm, residence,
office, or business, including the operation of equipment, vehicles,
or other mechanical systems necessary for the operation of a permitted
use (e.g., storage of fuel and oil for lawn equipment used for on-site
groundskeeping equipment).
(3)
BMP work plan updates. As a condition of approval, the applicant,
and his successors, agree to provide the Zoning Official with an updated
BMP work plan every five years and shall annually provide a copy of
the weekly inspection reports to the Zoning Official as a condition
of renewing their business license. Updates shall include photographs
of the current site conditions and specifically include photographs
of current condition of each tank, container, and leak/overflow prevention
system. The photographs shall be date stamped and shall be of such
quality and nature to allow the Zoning Official the ability to assess
the conditions.
(4)
Changes to the BMP work plan. The BMP work plan shall not be altered,
amended, or changed in any "material" way unless approved by the Westerly
Zoning Board of Review.
(a)
The determination of whether any alteration, amendment, or change
in the approved BMP work plan is "material" shall be made by the Town
Zoning Official and the Zoning Board Chairman. The Zoning Official
is otherwise conferred with administrative authority to approve "non-material"
modifications to a BMP work plan.
(b)
The applicant and his successors agree to amend the BMP work
plan if:
[1]
A change to the list of hazardous materials and petroleum products
is made;
[2]
Changes are proposed to the methods of handling, storage and
disposal of hazardous materials and petroleum products;
[3]
There is a proposed significant increase in the maximum quantities
of hazardous materials and petroleum products involved; or
[4]
There is potential to significantly increase the impact on the
groundwater.
J.
Dispute of and/or changes to the District boundaries. When the boundaries
of the Aquifer Protection Overlay District are in doubt or in dispute,
resolution of the dispute shall be sought by means of an application,
accompanied by adequate documentation, to the Rhode Island Department
of Environmental Management (RIDEM), pursuant to 250-RICR-150-05-3,
Groundwater Quality Rules, Section 3.10 "Modification of Groundwater
Classification."
K.
Enforcement. All facilities constructed, and uses allowed, in accordance with § 260-52 shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities and uses, including the failure to comply with the BMP work plan or to keep the BMP work plan current, shall constitute a violation of this section and is subject to enforcement action by the Town, in accordance with federal, state, and local regulations, as provided in § 260-26. In addition, as a condition of granting a permit for any such facility or use, the Town is empowered to enter onto the premises to inspect said facilities and use for the purpose of determining their functionality and compliance with this section.
L.
Nothing contained in this section shall prohibit the Zoning Board
of Review from granting variances and/or special use permits under
the provisions of this chapter in addition to granting aquifer protection
permits.
M.
The requirements of this section shall not apply to solar installations
located on land owned by the municipality.
[Added 2-14-2011 by Ch. No. 1739]
A.
Purpose. Westerly hereby establishes special regulatory land use
standards for properties located within the Salt Pond Overlay District
to recognize and protect the sensitive nature of the coastal environment
and to coordinate with the policies and regulations of the Rhode Island
Coastal Resources Management Council (CRMC) and its Salt Pond Region
Special Area Management Plan for Westerly.
B.
Designation. The district includes all land shown on the map entitled
"Town of Westerly Salt Pond Overlay District, May 2010" on file in
the Planning Department. The Salt Pond Overlay District boundaries
are the same as those contained in the CRMC's Salt Pond Region Special
Area Management Plan.
C.
Activities within the Salt Pond Overlay District subject to Coastal
Resources Management Council jurisdiction. The Rhode Island Coastal
Resources Management Program should be referred to for specific regulatory
requirements on buffers, setbacks, subdivision density, recreational
docks, barrier beach development, beach replenishment, among other
activities which occur within the Salt Pond Overlay District.
D.
Activities requiring Coastal Resources Management Council permit.
(1)
The following activities which occur within the Salt Pond Overlay
District require a Coastal Resources Management Council assent (application
approval). Refer to CRMC Salt Pond Region Special Area Management
Plan, Chapter 9, Regulations, for more detailed information and required
procedures.
(a)
Activities on or within 200 feet of a coastal shoreline feature.
(b)
Watershed activities:
[1]
New subdivisions of six units or more, or resubdivision for
a sum total of six units or more on the property proposed after March
11, 1990, irrespective of ownership of the property or the length
of time between when units are proposed.
[2]
Development requiring or creating more than 40,000 square feet
of total impervious surface.
[3]
Construction or extension of municipal, private residential
hook-ups to existing lines, or industrial sewage facilities, conduits,
or interceptors (excluding onsite sewage disposal systems outside
the 200' zone). Any activity or facility which generates or is designed,
installed, or operated as a single unit to treat more than 2,000 gallons
per day, or any combination of systems owned or controlled by a common
owner and having a total design capacity of 2,000 gallons per day.
[4]
Water distribution systems and supply line extensions (excluding
private residential hook-ups to existing lines.)
[5]
Development affecting freshwater wetlands in the vicinity of
the coast.
(2)
In addition to the activities listed above, if the Coastal Resources
Management Council determines that there is a reasonable probability
that the project may impact coastal resources or conflict with the
Salt Pond Region Special Area Management Plan (SAMP) or the Rhode
Island Coastal Resources Management Program (RICRMP), a Council assent
will be required in accordance with all applicable sections of the
Rhode Island Coastal Resources Management Program.
E.
Subdivision density. Subdivisions of six or more units, as defined in Subsection D(1)(b)[1], above, shall not exceed an average density of one residential unit per 80,000 square feet in self-sustaining lands and one residential unit per 120,000 square feet for lands of critical concern as defined by the CRMC and calculated on the basis of available land suitable for development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Coordination with municipal land use reviews. CRMC review and approval
of major subdivisions and land development projects are coordinated
with municipal review and approval as established by state law (R.I.G.L.
45-23) and municipal regulations:
(1)
Written initial comments shall be solicited from the Coastal Resources
Management Council for all major subdivision and land development
projects. These comments shall be requirements for any submission
and approval of the master plan phase of review.
(2)
Final approval from the Coastal Resources Management Council is required
for major subdivision and land development projects as a submission
requirement for the preliminary plan phase of review. Therefore, final
approval from CRMC is required prior to the public hearing and approval
of any preliminary plan.
[Amended 10-14-2003 by Ch. No. 1468; 8-21-2017 by Ch. No. 1897]
A.
Purpose. The purpose of this section is to create, subject to the
guidelines listed herein, the alternative of short-term overnight
accommodations in a residential setting for travelers and visitors
to Westerly. It is recognized that bed-and-breakfast accommodations
provide a valuable economic service to the Town in support of the
tourism industry and help to preserve larger historic homes in the
community by providing an opportunity to the owner for income to support
continued use of the structure and maintenance of the property. These
regulations are intended to ensure that tourist and guesthouse establishments
in the Town are operated and maintained with as little impact as possible,
to maintain and preserve the residential character, integrity, and
property values of surrounding areas within which these facilities
are located and maintained.
B.
BED-AND-BREAKFAST
BED-AND-BREAKFAST INN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A single-family structure including related habitable accessory
structures (i.e., guesthouses) in which the principal use is permanent
residential quarters and, as an accessory use, without separate kitchen
facilities are made available for transient occupancy for not more
than seven consecutive days for compensation, and requiring owner-occupancy
for management purposes.
A residential structure used for transient occupancy for
not more than seven consecutive days for compensation. Exterior appearance
of such structures shall be maintained in a manner that is in keeping
with the residential character of the neighborhood in which it resides.
Occupancy is provided in individual bedrooms without separate kitchen
facilities and is operated under the management of an owner-occupant
or a single, full-time resident manager.
C.
Location. Bed-and-breakfasts and bed-and-breakfast inns shall be
limited to properties with frontage on the following roads:
(1)
Route 1 in its entirety.
(2)
Route 1A from its intersection with Shore Road and Watch Hill Road
to its intersection with Langworthy Road.
(3)
Grove Avenue from its intersection with Granite Street to High Street.
(4)
High Street from its intersection with Grove Avenue to Canal Street.
(5)
Main Street from its intersection with Broad Street to the intersection
of Beach Street and Margin Street.
(6)
Margin Street from its intersection with Main Street to Clark Street.
(7)
Elm Street from its intersection with Broad Street to the intersection
of Beach Street.
(8)
Beach Street from Main Street to its intersection with Sosoa Lane
(formally Thompsons Corner Road).
D.
Specific requirements.
(1)
Bed-and-breakfast. The following standards and requirements shall
apply to bed-and-breakfast uses:
(a)
Use. No bed-and-breakfast shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
(b)
Dimensional requirements. Any bed-and-breakfast for consideration
under this section must be located and operated on a lot that is determined
to be dimensionally conforming to the minimum dimensional requirements
for the zoning district in which the property resides. This requirement
shall not apply to the dimensional conformity of existing structures
themselves.
(c)
Owner occupancy/management. The property shall be the principal
residence of, and be occupied and managed by, the owner during all
periods of operation as a bed-and-breakfast.
(d)
Number of bedrooms. The number of bedrooms associated with a
bed-and-breakfast use for rent or occupancy shall be determined by
the number of building-code-compliant bedrooms existing or proposed
within the subject structure, as confirmed by the Building Official
and Fire Department. The Zoning Board shall ensure that the proposed
occupancy of the establishment can be effectively and efficiently
accommodated by the configuration of the structure and the physical
layout of property. The Zoning Board may limit the number of bedrooms
based on the ability of the structure and property to accommodate
occupancy effectively.
(e)
Total occupancy. Unless otherwise approved by the Zoning Board
as part of the special use permit, the total occupancy of a bed-and-breakfast
use shall be based on double occupancy of the approved number of bedrooms
to be used for transient purposes. The Zoning Board shall ensure that
the proposed occupancy of the establishment can be effectively and
efficiently accommodated by the configuration of the structure and
the physical layout of the property.
(f)
Parking. There shall be two parking spaces provided for the resident(s)/owner(s) use and one additional parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast resides and shall be designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
[1]
A solid wall or opaque fence not less than five feet nor more
than seven feet in height or a compact evergreen screen not less than
five feet in height shall be erected and maintained between a parking
area(s) and an adjacent residential property.
[2]
Any light used to illuminate the parking area shall be arranged
to reflect the light away from adjoining property in a residential
district and away from adjacent streets.
(g)
Kitchen facilities and meals.
[1]
No kitchen or cooking facilities shall be allowed in guestrooms.
[2]
Meals (including breakfast, lunch, or dinner), provided for
and associated with guest accommodations and associated events, are
permitted provided said service is in conformity with state statutes
and Rhode Island Department of Health regulations.
[3]
The display and/or sale of merchandise or other commodities
to guests relating to locally produced gift items, souvenirs, or other
items identifying the bed-and-breakfast establishment is permitted;
however, these items shall not be offered for sale to the general
public.
(h)
Events. Subordinate events specifically associated with bed-and-breakfast
operations that are accessory to guest stays may be permitted and
may include attendance by nonpatron guests.
[1]
The total number of guests allowed for these events shall be
no more than twice or double the total guest capacity of the establishment.
[2]
Parking. Notwithstanding part D.1(f) referenced above, in addition
to parking associated with occupancy requirements, the property must
accommodate on-site parking for guests in an amount of one space for
every two nonpatron guest attendees for each event.
(i)
Signs. Any other section of these ordinances notwithstanding,
a bed-and-breakfast establishment shall be allowed a sign no larger
than four square feet, and it shall only contain the name of the proprietor
or the name of the residence. The sign shall be nonilluminated and
unanimated with the exception of spotlighting.
(j)
Exterior alterations prohibited. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed-and-breakfast, other than those required to meet health, safety,
and sanitation requirements. Minimal outward modification of the structure
or grounds may be made if such changes are compatible with the character
of the neighborhood and approved as part of the special use permit.
(2)
Bed-and-breakfast inn. The following standards and requirements shall
apply to bed-and-breakfast inn uses:
(a)
Use. No bed-and-breakfast inn shall be permitted without receiving development plan review approval from the Planning Board prior to obtaining approval for a special use permit from the Zoning Board of Review, as provided for in the provisions of §§ 260-34 and 260-45 hereof. In addition, an applicant may not apply for, and be issued, a dimensional variance from the standards outlined in this section in conjunction with the required special use permit.
(b)
Dimensional requirements.
[1]
Any bed-and-breakfast inn for consideration under this section
must be located on a parcel of land that is equal to or greater than
one acre in size.
[3]
Adjacent properties within a bed-and-breakfast overlay district
may be considered as a single, integrated bed-and-breakfast inn, provided
each shall meet the minimum dimensional requirements of the Zoning
Ordinance.
(c)
Owner occupancy/management. The property shall be the principal
residence of, and be occupied and managed by, the owner of the property
or may operate under the management of a single, full-time resident
manager, during all periods of operation as a bed-and-breakfast inn.
(d)
Number of bedrooms. The number of bedrooms associated with a
bed-and-breakfast inn use for rent or occupancy shall be determined
by the number of building-code-compliant bedrooms existing or proposed
within the subject structure, as confirmed by the Building Official
and Fire Department. The Zoning Board shall ensure that the proposed
occupancy can be effectively and efficiently accommodated by the configuration
of the structure and the physical layout of property. The Zoning Board
may limit the number of bedrooms based on its review of the ability
of the structure and property to accommodate occupancy effectively.
(e)
Total occupancy. Unless otherwise approved by the Zoning Board
as part of the special use permit, the total occupancy of a bed-and-breakfast
inn use shall be based on double occupancy of the approved number
of bedrooms to be used for transient purposes. The Zoning Board shall
ensure that the proposed occupancy of the establishment can be effectively
and efficiently accommodated by the configuration of the structure
and the physical layout of the property.
(f)
Parking. There shall, be two parking spaces provided for resident(s)/owner(s)' use and one parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast inn resides and designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
[1]
A solid wall or opaque fence not less than five feet nor more
than seven feet in height or a compact evergreen screen not less than
five feet in height shall be erected and maintained between such area
and an adjacent residential property.
[2]
Any light used to illuminate the parking area shall be arranged
to reflect the light away from adjoining property in a residential
district and away from adjacent streets.
(g)
Kitchen facilities and meals.
[1]
No kitchen or cooking facilities shall be allowed in guestrooms.
[2]
Meals (including breakfast, lunch, or dinner), provided for
and associated with guest accommodations and associated events, are
permitted provided said service is in conformity with state statutes
and Department of Health regulations.
[3]
The display and/or sale of merchandise or other commodities
to guests relating to locally produced gift items, souvenirs, or other
items identifying the bed-and-breakfast inn establishment is permitted;
however, these items shall not be offered for sale to the general
public.
(h)
Signs. Any other section of these ordinances notwithstanding,
a bed-and-breakfast inn establishment shall be allowed a sign no larger
than four square feet, and it shall only contain the name of the proprietor
or the name of the residence. The sign shall be nonilluminated and
unanimated with the exception of spotlighting.
(i)
Exterior alterations prohibited. No exterior additions or alterations
shall be made for the express purpose of maintaining or adding to
a bed-and-breakfast inn, other than those required to meet health,
safety, and sanitation requirements. Minimal outward modification
of the structure or grounds may be made if such changes are compatible
with the character of the neighborhood and approved as part of the
special use permit.
(j)
Events.
[1]
Subordinate events specifically associated with bed-and-breakfast
inn operations that are accessory to guest stays may be permitted
and may include attendance by nonpatron guests.
[a]
The total number of guests allowed for these events
shall be no more than twice or double the total guest capacity of
the establishment.
[2]
Special events (such as weddings, cultural or charitable events,
garden parties, dinners, or conferences) otherwise not specifically
associated with guest stays and not incidental and subordinate to
the provision of overnight accommodations may also be permitted in
consideration of a special use permit for bed-and-breakfast inns subject
to the following:
[a]
The Zoning Board must take into consideration such
events when rendering a decision on the required special use permit
for the bed-and-breakfast inn use and specifically make a finding(s)
that such events are appropriate at the subject property and the neighborhood
in which it resides.
[b]
The applicant shall delineate the configuration
of the interior and/or exterior area to be used on the property for
event purposes and guest congregation. This delineated area shall
be used as the basis for the maximum number of guests allowed which
may be determined by the Fire Department in compliance with the State
Fire Code. If the State Fire Code does not apply, the Zoning Board
shall determine the total number of guests allowed based on the design
and layout of the site to accommodate such use, and any other information
pertinent to the request. The maximum number of guests should be inclusive
of the owner-occupants of the property, patrons, nonpatrons and any
other person proposed to attend the event (e.g., caterers, serving
staff, photographers/videographers, etc.).
[c]
Notwithstanding Subsection D(2)(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
E.
Special use permit.
(1)
No bed-and-breakfast or bed-and-breakfast inn shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
(a)
A bed-and-breakfast shall be considered a single-family dwelling
and therefore not require development plan review. The Zoning Board
of Review may, however, in its consideration of the application for
a special use permit, request the Planning Board for an advisory opinion
concerning the site plan and/or a determination of consistency with
the Comprehensive Plan when necessary.
(2)
In petitioning the Zoning Board for said special use permit, the
applicant shall describe the request, including the existing use and
proposed bed-and-breakfast use, which shall document the following:
(a)
Statement describing the type of use, management type, total
occupancy, any other relevant details associated with the proposed
use, and a statement as to the conformity of the proposal with all
applicable requirements of this section.
(b)
A site plan showing existing and proposed exterior conditions
(and all associated improvements with the proposed use), including
existing and proposed signage, lighting, existing and proposed parking
spaces and screening required to meet the parking requirements outlined
within this section.
(c)
A floor plan identifying existing and proposed interior conditions,
including the number of existing and proposed bedrooms (delineating
which are to be utilized by the owner-occupants and/or manager and
patron use).
(d)
Outline of any proposed or anticipated events, if any, including
the location of all interior and/or exterior areas of congregation
on site plan(s) or floor plan(s), estimated number/frequency and capacity/scale
of such events, and confirmation from the Fire Department in regards
to total occupancy associated with the same.
(e)
A statement describing all exterior alterations, including additions,
that may be made for the express purpose of maintaining or adding
to a bed-and-breakfast.
(f)
Evidence that the existing sewer connection or on-site wastewater
system (OWTS) is adequate to accommodate proposed events.
(3)
In consideration of a special use permit requested under this section,
the Zoning Board shall:
(a)
Determine the appropriateness of the use as proposed, including
any proposed events, as well as the ability of the property to accommodate
and support all patron and nonpatron guests. In doing so the Zoning
Board shall determine if the subject establishment can effectively
and efficiently accommodate the use based on the configuration of
the structure and the physical layout of property (as it exists or
has been designed) as it relates to physical access, site design,
traffic, proximity and potential impact on adjacent residential properties
or neighborhoods.
(b)
The Zoning Board shall review the screening requirements for
parking areas for each application and determine the suitability and/or
applicability of this requirement in regards to existing screening
to be maintained or where screening may be detrimental to traffic
circulation or view corridors of adjacent residential properties.
The Zoning Board may make modifications to these requirements when
deemed appropriate.
(c)
For instances where events are proposed, the Zoning Board shall
verify that the requirements of this section have been met, the design
and location of parking areas and areas of congregation are suitable,
particularly as it relates to occupancy and/or total maximum guests
allowed as determined by the Fire Department, and the impact of these
events on the neighborhood in which it resides.
(Reserved)
(Reserved)
[Added 2-14-2011 by Ch. No. 1738]
A.
Purpose.
(1)
The Town of Westerly finds that the revitalization of our existing
mills will benefit the general health and welfare of our residents
and the region by fulfilling existing housing, transportation and
employment needs. Therefore, the Town designates four historic mill
sites for the purposes of this section to encourage adaptive reuse
and economic and residential potential that fits the character of
the historic villages and districts that the mills are located in.
(2)
The purposes of an Historic Mill Overlay are to:
(a)
Provide for the coordinated and mixed development of residential,
business, industrial, manufacturing and institutional uses;
(b)
Encourage adaptive reuse of abandoned, vacant, or underutilized
business or manufacturing buildings or structures;
(c)
Allow for a mix of new land uses that are appropriate to both
the needs of the community and the scale of surrounding neighborhoods;
(d)
Create major new mixed-use areas in planned locations at appropriate
densities, heights, and mixtures of use;
(e)
Encourage flexibility in site and architectural design, restoration
and building bulk;
(f)
Encourage building reuse and infill to create higher densities;
and
(g)
Maintain a consistently high level of design quality.
B.
Establishment. The Historic Mill Overlay is hereby established in
accordance with the 2010 Comprehensive Plan adopted in February 2010,
and consists of four sites in the Town of Westerly and designated
as the following:
C.
COMMERCIAL PARKING FACILITIES
MIXED-USE
OVERLAY ZONE
PEDESTRIAN FRIENDLY DESIGN
PRIMARY SIGN
SHARED PARKING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Parking facilities created for the purpose of generating
income from paid parking, but not including commuter parking lots
owned by the transit operator.
Development contained on a single parcel or adjoining parcels
that includes different, complementary uses (both residential and
non-residential) and which provides for a variety of activities throughout
the day.
An overlay zone that encompasses one or more underlying zoning
districts, and imposes additional or alternative requirements or provisions
than required by the underlying zoning.
The design of communities, neighborhoods, streetscapes, buildings
and other uses that promotes pedestrian comfort, safety, access and
visual interest.
A sign used for a nonresidential or mixed-use building that
is the primary notification of the tenant(s) therein and is generally
located by the main entrance(s) to said building.
Parking that is utilized by two or more different uses that
generate different peak period parking demand.
D.
Authority. The Zoning Board of Review shall have authority to act on approval of any and all applications made pursuant to this section by the granting of a special use permit pursuant to § 260-34 of the Zoning Ordinance of the Town of Westerly, provided that the matter is referred to the Westerly Planning Board who shall submit recommendations and a general statement as to the consistency of the application with the goals and purposes of the Comprehensive Plan, and the Westerly Planning Board shall be required to give a recommendation pursuant to § 260-34B and all applicants must complete the development review requirements of the Zoning Ordinances of the Town of Westerly.
E.
Use schedule.
(1)
Permitted uses. Any uses permitted in the underlying zoning district
of any property with the Historic Mill Overlay District shall continue
to be permitted. Any uses allowed by the granting of a special use
permit in the underlying zoning district of any property within the
Historic Mill Overlay District shall continue to be allowed by the
granting of a special use permit.
(2)
Additional permitted uses.
(a)
Single-family residence.
(b)
Family day-care homes.
(c)
Heating, plumbing, and electrical supplies.
(d)
Shoes, tailor, dressmaker, miscellaneous apparel and accessories,
including yarn, fabric and serving supplies.
(e)
Restaurants (no alcoholic beverages).
(f)
Drug stores, news stands, tobacco stores, antique stores, bookstores/stationery
stores, sporting goods, bicycle shops, jewelry stores, florists, camera
and photo supply stores, gift novelty, souvenir shops, optical goods
stores and video stores.
(g)
General and professional offices, including medical, legal,
accounting, engineering, architectural, insurance and real estate.
(h)
Outdoor markets subject to applicable licensing requirements.
(i)
Beauty and barbershops.
(j)
Studios/dance schools.
(k)
Exercise center, gymnasium.
(l)
Conservation lands/wildlife or nature preserve.
(m)
Accessory use to a permitted use.
(3)
Additional uses requiring a special use permit.
(a)
Multi-family residence.
(b)
Accessory apartment.
(c)
Liquor stores.
(d)
General merchandise, department store, furniture and household
goods (under 10,000 square feet).
(e)
Household appliances.
(f)
Radio, television and music stores.
(g)
Electronic and computer sales and services.
(h)
Grocery stores, deli, meat, fish, fruit, vegetable, dairy products,
bakeries (under 10,000 square feet).
(i)
Restaurants (alcoholic beverages).
(j)
Retail not herein specified.
(k)
General commercial offices.
(l)
Photo studios.
(m)
Travel agencies.
(n)
Reupholstering and furniture repair.
(o)
Repair and related services not elsewhere classified.
(p)
Indoor commercial recreation not herein specified.
(q)
Federal government postal services.
(r)
State and local government.
(s)
Library and museum.
(t)
Community center.
(u)
Accessory use to a special use permit.
(v)
Mixed residential and nonresidential uses.
F.
Dimensional requirements.
(1)
Setbacks for nonresidential and mixed-use: The setback requirements
of the underlying zoning district shall apply. Buildings in existence
prior to the adoption of the Historic Mill Overlay District may maintain
their existing footprint regardless of setback requirements. Additionally,
the Zoning Board may reduce front, side and rear yard setbacks to
as low as 0 feet as part of a special use permit application if such
a reduction is compatible with neighboring properties.
(2)
Setbacks for residential uses (exclusive). If the underlying zoning
district of the subject property is residential, then the setback
requirements of the underlying zoning district shall apply. If the
underlying zoning district is not residential, then the setback requirements
of the residential zone in closest proximity to the proposed development
shall apply.
(3)
Height limitations for nonresidential and mixed-use: Building height
for mixed-use or nonresidential use shall not exceed 50 feet and no
building shall have more than four stories including any existing
historical structure such as a tower or spire.
(4)
Height limitation for residential uses (exclusive). If the underlying
zoning district of the subject property is residential, then the building
height limits of the underlying zoning district shall apply. If the
underlying zoning district is not residential, then the building height
limits of the residential zone in closest proximity to the proposed
development shall apply.
(5)
Frontage. As part of any special permit application, the Zoning Board
may authorize frontage sufficient to meet the needs of the development;
inclusive of easement or right-of-way access depending on the historic
configuration of the property.
G.
Intensity of use. Applicants may propose more than one principal building per lot by way of a special use permit application. Configuration of these buildings is subject to the dimensional requirements listed in § 260-19.
H.
Parking requirements. The base parking standards for the underlying zoning district shall apply to individual uses in the Historic Mill Overlay. As part of a special use permit, both the Zoning Board of Review and the Planning Board shall review the parking requirements in accordance with the Zoning Ordinances of the Town of Westerly, specifically § 260-77. The Zoning Board, with the recommendations of the Planning Board, may reduce the minimum requirements or use alternative methods for meeting the parking requirements by utilizing the following criteria:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Shared on-site parking.
(a)
Noncompeting uses. In mixed-use developments, applicants may
propose a reduction in parking requirements based on an analysis of
peak demands for noncompeting uses. Up to 75% of the requirements
for the predominant use may be waived by the Zoning Board if the applicant
can demonstrate that the peak demands for two uses do not overlap.
(b)
Competing uses. In mixed-use developments, applicants may propose
a reduction in parking requirements where peak demands do overlap.
In these cases, the Zoning Board may reduce the parking requirements
of the predominant use by up to 30%.
(2)
Off-site parking. Separate from, or in conjunction with shared parking
provisions, an applicant may use off-site parking to satisfy his or
her parking requirements in accordance with the following conditions:
(a)
Off-site parking shall be within 500 feet of the property for
which it is being requested.
(b)
Off-site parking spaces provided by a separate private property
owner shall be subject to a legally binding agreement that will be
presented to the Zoning Board as a condition of the special use permit.
Where an agreement shall expire within a specified timeline, the applicant
or current property owner shall continue to provide evidence to the
Zoning Board of Review that the agreement has been extended.
(c)
The Zoning Board of Review, at its discretion, may allow spaces
within a public lot to be used as a supplement to other acceptable
parking arrangements. Public parking shall not account for more than
75% of the required parking spaces after all other parking reduction
strategies have been applied.
I.
Design standards. The design standards in this section shall be applied
to development within the Historic Mill Overlay District where applicable.
The Zoning Board, upon the recommendations of the Planning Board,
may waive any of these standards if the applicant can provide compelling
evidence that the waiving of design standards shall work to preserve
the historic quality of existing buildings on the site, or shall otherwise
further the goals of this section.
(1)
Buildings.
(a)
Where existing structures of historic architectural value are
to remain in use, the historic architectural integrity of these existing
structures shall not be significantly altered through the use of different
signage, building materials or other architectural features;
(b)
All buildings shall have a principal facade and entry (with
operable doors) facing a street or open space. Buildings may have
more than one principal facade and/or entry;
(c)
Building finish materials shall be appropriate to traditional
New England architecture and may include, but shall not be limited
to brick or high-quality brick face, wood, stone or high quality stone-face.
The use of vinyl, unfinished metal or fiberglass as a primary finished
surface shall be prohibited;
(d)
Blank walls adjacent to streets, alleys or open spaces shall
not be permitted. Where windows are not possible or appropriate to
the intended use, vertical articulation in the form of raised or recessed
surfaces shall be used to break up blank walls;
(e)
New or retained buildings shall have one of the following features
along the front surface at intervals sufficient to provide a continuity
to pedestrians: awning, marquee, arcade and/or colonnade; and
(f)
Flat roofs are prohibited on single-story buildings and may
be allowed on multistory buildings as long as the roofline projects
outward from the building surface as a decorative cornice or parapet.
(2)
Signs.
(a)
Primary signs shall be flat against the facade or mounted projecting
from the facade;
(b)
Signs that project from buildings shall have at least 10 feet
of clearance from the ground level;
(c)
Freestanding directory signs may be permitted as part of coordinated
development proposals in which several nonresidential operations are
accessed through a common vehicular entrance and shall not exceed
10 feet in height;
(d)
Signs shall be externally lit from the front. Backlighting of
signs shall not be permitted;
(e)
Neon, flashing signs, moving signs and roof signs shall not
be permitted;
(f)
Temporary signs with a specific date of expiration, such as
sandwich boards, shall be allowed, after approval by the Zoning Official;
(g)
Signs shall be made of attractive materials consistent with
the character of the district, including, but not limited to; wood
(painted or natural), stone, copper, brass, galvanized steel, painted
canvas or paint/engraved on facade surface; and
(h)
Signs may only be incorporated into the skirt of awnings and
not on the primary angled surface.
(3)
Site design.
(a)
Parking areas shall be located in the rear of buildings where
possible;
(b)
Street level frontage shall be devoted to entrances, shop windows
or other displays;
(c)
Clear pedestrian pathways shall be provided between buildings
on the same lot and between buildings on adjacent lots to ensure a
continuous pedestrian pathway throughout the district;
(d)
Where residential neighborhoods abut commercial, office or mixed-use
developments, appropriate transitional features shall be used and
may include landscaping, open space or parks, or streets with clearly
designed pedestrian features; and
(e)
Where a site abuts the Pawcatuck River, the applicant shall
ensure that existing public access to the river is preserved and maintained.
J.
Procedure; site visit. Both the Zoning Board and Planning Board shall
conduct a site visit during the public hearing. At the site visit,
the Zoning Board and Planning Board and/or its agents may be accompanied
by the applicant and/or its agents, as well as any abutters within
the two-hundred-foot radius or their representatives.
K.
Severability. If any provision of this section is held invalid by
a court of competent jurisdiction, the remainder of the section shall
not be affected thereby.
[1]
Editor's Note: Former § 260-57,
Post Road Overlay District (PROD), as amended, was repealed 10-30-2006
by Ch. No. 1588.
[Amended 10-26-2020 by Ch. No. 1997]
A.
Purpose. This district is comprised of properties with frontage on
Granite Street from Grove Avenue intersection to its Tower Street
intersection which is currently HDR-6. Professional offices are currently
interposed within this area. This overlay district is intended to
permit additional professional offices and artistic studios to complement
this area between Downtown Commercial - 1 and the more intense highway
commercial use which commences at the Tower Street intersection.
C.
Dimensional regulations. Dimensional regulations for such structures
within this overlay district shall conform to the underlying HDR-6
zoning.
A.
Purpose. The purpose of this overlay district is that
the development of the hospital and professional offices along Wells
Street has impacted the properties on the opposite side of the street.
It is therefore intended to permit the north side of Wells Street
to become professional, provided that such change of use adheres to
the regulations set forth herein.
[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
B.
Uses. Those uses permitted as of right or by special
use permit in the HDR-6 or P-15 District shall also be permitted in
this overlay district by right or by special use permit as the case
may be.
[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]
C.
Development standards. Any property which is intended
for development within this overlay district with a use permitted
under a P-15 and not permitted under HDR-6 shall be submitted as part
of the development plan review process and shall fully require a special
use permit from the Zoning Board of Review which may impose such further
conditions as it may deem appropriate.
[Amended 5-15-2000 by Ch. No. 1300]
D.
Location. This overlay district shall apply to existing
lots abutting on the northerly side of Wells Street between Beach
Street and East Avenue.
E.
Dimensional regulation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Minimum lot size.
(2)
Maximum coverage. The total coverage by impervious
surfaces shall not exceed 50% of the lot area.
(3)
Rear setbacks. Rear setbacks shall consist of a twenty-five-foot
vegetative buffer, including evergreen screens at least 10 feet at
planting and maintained to a height of not greater than 20 feet.
(4)
Side lines. Side lines shall consist of five-foot
vegetative buffer, with a ten-foot side line setback for any structure.
(5)
Front setback. Front setback shall be 20 feet from
the street line.
F.
Developed existing lots of record. For any property located in this overlay district that is currently developed and contains a residential dwelling, those dimensional requirements specified in § 260-59E(1), (2), and (5) above shall not apply, provided that the proposed use does not alter in any manner the exterior of the structure currently on the property, and must maintain the residential character of the building. Also, any proposed use under this provision must be in conformance with §§ 260-86 and 260-78.
[Amended 5-15-2000 by Ch. No. 1300]
