The purpose of supplementary regulations is
to set specific conditions and dimensional criteria for various uses
or areas where the general regulations are not applicable and to set
specific standards for the granting of special use permits.
[Amended 7-9-2015 by Ch.
No. 3072]
Accessory uses are uses which are clearly incidental
to and customarily associated with the principal use and shall be
operated and maintained under the same ownership and on the same lot
or contiguous lot as the principal use and shall include, but not
necessarily be limited to, private garages, home occupations, and
accessory parking. For purposes of this section, a swimming pool shall
not be deemed an accessory use. Accessory uses cannot exist without
nor precede any principal use on a vacant lot. Accessory uses are
subject to all the requirements of this chapter, except as provided
herein.
A.
Accessory uses in residential zones.
(1)
No accessory use, other than required off-street parking,
a private garage and a shed of less than 100 square feet, shall be
located on any lot having an area of less than 5,000 square feet.
(2)
Accessory uses or any combination of such uses, except
home occupations, may be included in an accessory building of one
story.
(3)
No accessory building or structure shall be permitted
between the front of a main structure and the street.
(4)
Within any residential zone, where an existing principal
structure on an adjacent or contiguous lot is less than eight feet
from any lot line, a principal structure or an accessory structure
shall not be located less than eight feet from such existing principal
structure on an adjacent or contiguous lot if the proposed structure
is one story, or shall not be located less than 16 feet from such
existing principal structure on an adjacent or contiguous lot if the
proposed structure is two stories.
(5)
Where a yard abuts upon a public right-of-way, no
accessory building shall be erected within 18 feet of such public
right-of-way if it contains a garage that is accessible from said
street.
(6)
A detached garage or shed may be located in the required rear yard, but not less than four feet from any lot line. A detached garage located within a rear yard may have its driveway within the required side yard. Such garage shall be no more than one story or 15 feet in height and 24 feet in depth and width, subject to Subsection A(4) above.
(7)
A garage attached to the main building or structure shall maintain all setback requirements as specified in Article VI for the zone in which it is located.
(8)
A private garage or shed may be used to store vehicles,
boats, recreational vehicles or similar equipment owned by the occupant.
Storage or parking of tractor trailers is prohibited in residential
zones, and no recreational vehicle shall be used for residential occupancy.
All vehicles shall be registered and inspected under state law.
B.
Accessory family dwelling units. Accessory family
dwelling units are prohibited.
C.
Home occupations.
(1)
Home occupations are defined in two categories. The first category, home occupations by right, is described below. The second category, home occupations by special use permit, is described in § 410-60E.
[Amended 10-23-1997 by Ch. No. 2470]
(2)
Home occupations by right shall:
(a)
Have no more than five client visits per week.
(b)
Have no nonresident employees.
(c)
Occupy a maximum 20% of floor space or no larger
than 300 square feet, whichever is less.
(d)
Be only in the principal residential structure.
(e)
Have no signs except an unlighted name sign,
which shall be no larger than one square foot.
(f)
Be operated by the dwelling owner, who must
reside on the premises.
[Amended 3-22-2001 by Ch. No. 2592]
(g)
Be operated by the legal resident if the dwelling unit is located
within a mill redevelopment. The list of eligible buildings is included
in the Pawtucket Mill Building Survey (2014) on file in the Department
of Planning and Redevelopment.
[Added 12-8-2016 by Ch.
No. 3119[1]]
(h)
Generate no noise, vibration, emissions, odor
or electrical interference.
(i)
Have a letter of conformance issued from the
Director, if requested by the applicant.
(j)
Not be allowed under this section when otherwise
prohibited by state law or City ordinance.
[Amended 6-23-1999 by Ch. No. 2531]
D.
Little free library. An accessory freestanding structure, not to
exceed four feet in height, three feet in width, or two feet in depth,
that is used for the sole purpose of loaning free books to Pawtucket
residents. Enclosed portions of the free library structure shall only
include books and shall only be permitted within required front yards.
No portion of a free library structure shall project into the public
right-of-way. Free library structures are permitted in all residential
zoning districts and shall be maintained by the property owner at
all times in a condition that does not result in nuisance or public
safety hazard.
[Added 6-21-2018 by Ch.
No. 3165]
A.
Screening of trash containers. All commercial and
industrial uses and residential uses of seven households or more shall
provide trash and/or garbage collection areas enclosed on at least
three sides by a solid wall, fence or shrubbery of at least the height
of the container it is intended to screen, if such area is not within
an enclosed building or accessory structure. Said collection area,
including the material constituting the enclosure, shall not be located
closer than two feet to any property lines, nor within 10 feet of
any principal structure located on the lot or adjacent thereto. Said
screening shall consist of fencing, shrubbery, construction material
or other accepted means, as approved by the Director of Zoning and
Code Enforcement or his designee. The Director of Zoning and Code
Enforcement may waive any or all of the aforementioned requirements
for commercial or industrial use when said use does not abut a residential
property.
[Amended 3-22-2001 by Ch. No. 2592; 9-20-2001 by Ch. No. 2621]
B.
Screening of on-ground utilities. Utility structures,
substations, telephone exchange substations and similar uses shall
be enclosed on at least three sides by a vegetative screen of hardy
evergreens or shrubs at least three feet high at time of planting
and which shall be sufficient to effectively provide a visual screen
from adjacent residential zones.
C.
Fences.
(1)
Materials permitted; repair and condition.
(a)
Materials permitted in fences. All fences provided
by an owner or agent on the premises shall be constructed of manufactured
metal fencing material, wood, masonry or other inert material. A hedge
composed of plant material may be used in conformity with the maximum
height requirements of this section. Wooden posts shall be treated
with a preservative before being placed in the ground. Barbed wire
is permitted in manufacturing, commercial and public districts over
the height of eight feet.
[Amended 10-23-1997 by Ch. No. 2470]
(b)
Repair and condition. All fences shall be maintained
in good condition and free from insects and rodents.
(2)
Maximum height by zoning district. Maximum height
of fences by zoning district shall be as follows:
[Amended 11-21-2007 by Ch. No. 2881; 3-26-2020 by Ch. No. 3217]
|
Maximum Height in Feet
| |||
|---|---|---|---|
|
Zoning District
|
Yards With Street Frontage3
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
|
Residential
|
31 - 42
|
6
|
6
|
|
Riverfront Development
|
6
|
6
|
6
|
|
Commercial
|
8
|
8
|
8
|
|
Manufacturing
|
10
|
10
|
10
|
|
Public Cemetery
|
10
|
10
|
10
|
|
Public Open
|
10
|
10
|
10
|
|
NOTES:
1Closed fence: a
fence of which more than 50% of the side area is opaque or covered.
2Open fence: a fence
where 75% or more of the side area can be seen through; for example,
a chain link fence.
3In an instance where a property is a corner lot and has multiple yards with street frontage, the determination of which lot lines are the front, side, or rear for the purposes of maximum allowable fence height shall be made by the Zoning Director in coordination with the Planning Department as required. All fences located on a corner shall comply with street corner visibility setback requirements in accordance with § 410-55.
|
(3)
Driveway requirements. At driveways, a reduction of
all closed fences to a three-foot height for a distance of eight feet
from the property line, either front or side lot line, is required
for safety and visibility of persons backing out of the driveway.[1]
[Amended 6-23-1999 by Ch. No. 2531]
[1]
Editor's Note: Former Subsection C(4), Power
of Director to waive requirements, which immediately followed this
subsection, was repealed 10-23-1997 by Ch. No. 2470.
Except in residential zones, outdoor display
of merchandise (other than vehicles and boats) is permitted up to
10% of the gross floor area of a commercial establishment. Such outdoor
display shall be located on the same lot as the main use. No additional
parking shall be required for such additional area, provided that
existing parking is not reduced. The goods displayed shall be removed
at the end of each business day. Outdoor display of vehicles and boats
shall be permitted where the underlying use is permitted, provided
that all other dimensional requirements of this chapter are met.
A.
The following roof structures are permitted above
the maximum height as specified in this chapter, provided that the
total area of all such appurtenances is not more than 1/3 of the total
roof area of the building:
B.
The following roof structures are permitted above
the maximum height as specified in this chapter, provided that the
total area of all such appurtenances is not more than 1/3 of the total
roof area of the building, and provided that such features shall be
set back from the edge of the roof a minimum distance of one foot
for every two feet by which they extend above the roof:
(1)
Heating and air-conditioning equipment.
(2)
Ventilating fans.
(3)
Solar collectors.
(4)
Storage tanks for water.
(5)
Television, radio or satellite dish antennae or masts.
(6)
Chimneys or roof-mounted smokestacks.
(7)
Roof-mounted flagpoles.
(8)
Similar equipment required to operate and maintain
a building.
C.
No such roof structure as set forth in this subsection
shall exceed the maximum height for the zone in which it is located,
except by the amounts allowed herein:
(1)
Buildings from one to six stories: 10 feet.
(2)
Buildings exceeding six stories: 10 feet plus one
foot per story above the sixth story to a maximum total of 20 feet.
(3)
Height restrictions for freestanding structures:
(b)
Freestanding smokestacks shall not exceed the
following:
[1]
Vacant lots: freestanding smokestacks shall
not be permitted.
[2]
Residential zones: freestanding smokestacks
shall not be permitted.
[3]
Commercial zones: freestanding smokestacks shall
not exceed a height of 40 feet over any permitted principal building
on the lot.
[4]
Industrial zones: freestanding smokestacks shall
not exceed a height of 100 feet over any permitted principal building
on the lot.
No required yard or other open space around
an existing building or which is hereafter provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other building;
nor shall any yard or other required open space on an adjoining lot
be considered as providing yard or open space on a lot whereon a building
is to be erected.
A.
Through lots. For all zones, at each end of a through
lot there shall be a front yard of the depth required by this chapter
for the zone in which each street frontage is located.[1]
[1]
Editor's Note: Former Subsection C, Corner
lots, which immediately followed this subsection, was repealed 10-23-1997
by Ch. No. 2470.
For the purpose of side yard regulations, any
dwellings which occupy a single lot but have a common party wall shall
be considered as one building.
A.
Fire escape. A fire escape may extend or project into
any required side or rear yard not more than four feet.
B.
Open stairway, bulkhead, balcony or porch. An open,
unenclosed stairway, balcony, bulkhead, porch, deck, platform or landing
place which, except for the roof, does not extend above the level
of the first floor of the building may extend or project into any
required front yard not more than six feet and into any required side
or rear yard six feet, but in no case closer than four feet to the
side or rear lot line.
[Amended 11-21-2007 by Ch. No. 2881]
C.
Handicapped access ramps. Handicapped access ramps
may be located in any required front, side or rear yard.
D.
Ordinary projections of window sills, caves, cornices
and other structural features may extend not more than 19 inches into
the space above a required yard.
[Amended 10-23-1997 by Ch. No. 2470]
[Amended 3-22-2001 by Ch. No. 2592; 9-21-2006 by Ch. No. 2825]
Every building hereafter erected shall be located
on a lot as herein defined. There shall not be more than one primary
residential structure and up to two accessory buildings on one lot,
except in industrial zones where there may be more than two main buildings
on a lot. More than one building per lot will also be allowed by special
use permit for residential or commercial developments that are approved
by the City Planning Commission through the development plan review
process.
[Amended 6-23-1999 by Ch. No. 2531]
In any triangle formed by either front or side
lot lines intersecting at an angle of 100° or less, there shall
be a corner setback of eight feet from the point of intersection wherein
no building or structures may be erected, no parking areas may be
created and no vegetation or fencing may be maintained above the height
of three feet above the plane of the curb grades. Notwithstanding
the provisions of this section, poles not exceeding eight inches in
outside diameter designed for the support of lights and signs may
be erected in this triangle.
A.
No building or structure shall be constructed on a
lot in a commercial or industrial zone that abuts a residential zone
unless there is provided a buffer area of 20 feet extending from the
property line of the abutting residential zone to the subject structure.
B.
Any outdoor operation, such as mining or quarry operation,
on a lot in an industrial zone that abuts a residential zone shall
have a buffer area of 75 feet from the property line of the abutting
residential zones.
[Amended 3-22-2001 by Ch. No. 2592; 8-20-2009 by Ch. No.
2928]
Satellite dish antennas are permitted as accessory
uses in residential zoning districts RL, RS, RT and RM with the following
provisions:
A.
Residential
areas. One satellite dish antenna, that is between two feet and eight
feet in diameter, is permitted in rear or side yards in the RL, RS,
RT and RM Districts, provided that eight feet are maintained between
the antenna and the side lot line and 10 feet from the rear lot line.
Roof-mounted antennas that are larger than two feet in diameter are
prohibited.
B.
Residential
elevator, commercial, riverfront and manufacturing areas. In the Residential
Elevator, Commercial, Industrial and Riverfront Districts, one satellite
dish antenna may be located on the roof of a structure or any part
of the rear or side yard of an establishment.
C.
Review
of plans. Plans for installation of dish antennas shall be reviewed
by the Director for compliance with yard regulations and overall safety
factors.
D.
Oversize
satellite dish antennas. Requests for satellite dish antennas in excess
of the dimensions specified in the Use Table may apply to the Board
of Review for a variance of the provisions of this section.
E.
Antennas
24 inches or less in diameter are permitted in all districts on the
roof of a structure or on the rear or side elevation of an establishment.
Antennas 24 inches or less in diameter may be permitted on the front
elevation of an establishment only if the technology prohibits location
on the side or rear elevation.
[Amended 7-9-2015 by Ch.
No. 3072]
Private residential swimming pools are permitted
in all residential districts, subject to the following:
A.
All residential swimming pools must be set back at
least six feet from side and rear lot lines. Said setback requirements
apply not only to the swimming pool itself, but also to any pumps,
filters, water disinfection equipment and structures appurtenant thereto.
Swimming pools are not allowed in front yards.
B.
Subject to the requirements set forth in this section, the following
size swimming pools may be installed as of right without the need
for dimensional relief from the Zoning Board of Review.
(1)
A
residential swimming pool that is 15 feet in diameter (round) or 12
feet by 24 feet (oval) may be located on any lot that is less than
4,450 square feet.
(2)
A
residential swimming pool that is 18 feet in diameter (round) or 15
feet by 24 feet (oval) may be located on any lot between 4,450 square
feet and 4,800 square feet.
(3)
A
residential swimming pool that is 21 feet in diameter (round) or 15
feet by 30 feet (oval) may be located on any lot between 4,800 square
feet and 5,000 square feet.
(4)
Any
size residential swimming pool maybe located on any lot that is 5,000
square feet or greater.
C.
No swimming pools or appurtenances thereto shall be
constructed, installed, enlarged or altered until a building permit
has been obtained from the Director. The approval of all City and
state authorities having jurisdiction over swimming pools shall be
obtained before applying to the Director for such permit. Certified
copies of these approvals shall be filed as part of the supporting
data for the application for such building permit. Plans will be submitted
to the Director showing accurately the dimensions and construction
of the pool and appurtenances.
D.
No overhead electrical conductor shall be installed
directly over the area consisting of the pool and its apron and fence
or enclosure. All metal fences, enclosures or railings near or adjacent
to swimming pools to which bathers have access, which may become electrically
alive as a result of contact with broken or overhead conductors from
any other cause, shall be effectively grounded.
E.
Every person owning land on which there is located
a swimming pool, whether or not containing any water, shall erect
and maintain an adequate enclosure or fence surrounding the property
or pool area and sufficient to make such body of water or unfilled
in-ground swimming pool inaccessible to small children. Such enclosure,
including gates thereto, must be no less than four nor more than six
feet in height above the underlying ground. In the case of aboveground
pools, a protective railing around the perimeter of the pool structure
shall not substitute for the requirement of a fence or other adequate
enclosure. All gates must be self-latching with latches placed at
least four feet above the underlying ground or otherwise made inaccessible
from the outside to small children and must be lockable. All pools
of elevated construction shall be equipped with a removable ladder,
and such ladder shall be removed or raised when not in use.
F.
In-ground pools shall also have an inner protective
fence with a minimum height of three feet enclosing the pool. All
in-ground swimming pools shall be equipped with rescue equipment,
including at least one twelve-foot pole with a shepherd's crook securely
fastened at one end and at least one fifteen-inch life ring with a
fifty-foot rope.
[Amended 9-21-2006 by Ch. No. 2825; 12-20-2023 by Ch. No. 3287]
The following special uses are permitted upon approval by the permitting authority, in accordance with Article XIII, and the following conditions are in addition to those set forth in Article XIII.
A.
Boarding. The permitting authority may permit that up to two rooms
may be rented with or without meals within any dwelling unit, provided
that more than 50% of the habitable space is occupied by the family
occupying the dwelling unit, and provided that no more than one person
may occupy any one of said rooms.
B.
Accessory manufacturing. Within commercial zones manufacturing, compounding,
processing, catering, cleaning, laundering, plumbing, baking, or treatment
of products and similar uses which are clearly incidental and essential
to a retail use may be permitted by the permitting authority, provided
that such uses, generate no perceptible odor, dust, smoke, noise,
vibration or electrical interference from outside the property.
C.
Change in nonconforming use.
(1)
Industrial and commercial zones. Within any such zone, a nonconforming
use may be changed to a different nonconforming use by special use
permit. In considering an application for a special use permit to
change to a different nonconforming use, the permitting authority
shall find that the new use will be less nonconforming and less disruptive
of the neighborhood land use pattern. A nonconforming use changed
to a different nonconforming use by a special use permit may not be
changed to another nonconforming use without the granting of another
special use permit.
(2)
Residential zones. Within any such zone, a nonconforming use may
be changed to a different use which is allowed by special use permit
in that zone. In considering the application, the permitting authority
shall consider any conditions required for the granting of that special
use permit.
D.
Parking in residential zones. Off-street automobile parking lots may be established by special use permit to support off-street parking requirements of residential uses in areas where the permitting authority finds that there is a need for such additional facilities or where required off-street parking cannot be satisfied on the lot in which such residential uses are located. Such lots shall be developed and maintained as required by § 410-77 of this chapter and subject to such further conditions as may be imposed by the permitting authority. A parking lot shall be used solely for the temporary parking of motor vehicles and shall not be used as an off-street loading area. The parking lot shall be screened by a four-foot-high compact evergreen screen or tight board fence. Circulation plans shall be submitted with the special use permit application, stamped by a Rhode Island licensed civil engineer, demonstrating safe pedestrian and vehicular circulation, including pedestrian paths from the nearest transit stops and bicycle paths from nearby bicycle infrastructure.
E.
Off-site parking. The permitting authority may permit off-street
parking on other off-site lots in any district, provided that such
off-site parking is reasonably and safely accessible from the principal
use, either by pedestrians or other means, such as tram and/or shuttle
service. The permitting authority shall require that appropriate deed
restrictions be recorded in the land evidence records. A parking lot
shall be used solely for the temporary parking of motor vehicles and
shall not be used as an off-street loading area. The parking lot shall
be screened by a four-foot-high compact evergreen screen or tight
board fence. Circulation plans shall be submitted with the special
use permit application, stamped by a Rhode Island licensed civil engineer,
demonstrating safe pedestrian and vehicular circulation, including
pedestrian paths from the nearest transit stops and bicycle paths
from nearby bicycle infrastructure.
F.
Shared parking. The permitting authority may allow shared parking,
provided that the type of structures or uses indicate that the period
of usage of such structures or use will not be simultaneous (e.g.,
a church with Sunday services together with a business that is closed
on Sundays) and neither use may be a residential use.
[Amended 12-20-2023 by Ch. No. 3287]
The following uses of land and structures are permitted upon approval by the permitting authority, in accordance with Article XIII, and the following conditions are in addition to those set forth in Article XIII.
A.
Service stations. Automobile service stations shall be permitted
subject to Rhode Island Department of Environmental Management Regulations
and only when the following requirements are met:
(4)
Requirements for other structures:
(a)
Minimum distance between pump islands, compressed air connections
and similar equipment and any street or property lines shall be 20
feet.
(b)
Minimum distance between the canopy and the street line shall
be 12 feet.
(c)
Minimum distance between any canopy and compressed air and similar
equipment and any interior lot line shall be 20 feet.
(5)
Requirements for underground tanks:
(a)
Maximum storage capacity for petroleum products shall be 42,000
gallons.
(b)
Minimum separation distance required between underground tanks
adjoining buildings and property lines shall be 10 feet. Service station
buildings are exempt from the separation distance requirement if there
are no basements or pits that extend below the top of any tank within
the separation distance.
(6)
Requirements for repairing and washing vehicles. Repairing shall
be limited to minor repair work, such as tire or tube repairing, battery
charging, lubrication, engine tuneups and similar type work, and must
be conducted wholly within a building. Repair work shall not include
any body work. Storage of all merchandise, auto parts and supplies
shall be conducted wholly within a building. If washing of vehicles
occurs inside or outside a building, the entire washing area shall
be paved and all the water used in such washing shall be properly
drained on site with no runoff onto the public right-of-way. All outdoor
activities shall be screened from adjoining residential zones by a
four-foot-high compact evergreen screen or tight board fence.
(7)
Outside storage of vehicles. For all auto service stations,
new and used car dealerships, recreational vehicle dealerships, garage
repair shops, auto body shops, car washes, storage of vehicles and
similar types of uses, overnight outside storage of any vehicles intended
to be repaired shall be limited to one vehicle for every 500 square
feet of lot area.
(8)
There is vertical separation of at least four inches between
the use and adjoining sidewalks or roadways.
(9)
There is a landscaped planting area of at least three feet along
all edges of the use.
(11)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or operational or physical
alterations to the subject property.
B.
Auto body repair shops. In granting a special use permit for the
construction of an auto body repair shop, the following standards
for development shall apply:
(1)
The minimum lot size shall be 10,000 square feet in an MB Zone
and 20,000 square feet in an MO Zone.
(2)
All structural and cosmetic work made on motor vehicle bodies
shall be conducted within a fully enclosed structure of at least 3,000
square feet in area.
(3)
Buildings shall be set back at least 25 feet from the street
right-of-way and at least 20 feet from any other property line.
(4)
Auto body repair shops that store inoperable vehicles, automotive
parts or trash out-of-doors shall erect a commercial opaque fence
of six feet in height along all side and rear property lines. The
fencing or wall shall be reduced in height when approaching a street
line to provide proper visibility where an adjacent driveway exists
or is to be established.
(5)
Each auto body repair shop shall have as a minimum one parking
space for every 1,000 square feet of gross floor area or two employees
on maximum working shift, whichever is greater.
(7)
No motor vehicles shall be stored and no repair and/or service
work shall be conducted in the public right-of-way.
(8)
There is vertical separation of at least four inches between
the use and adjoining sidewalks or roadways.
(9)
There is a landscaped planting area of at least three feet along
all edges of the use.
(11)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or operational or physical
alterations to the subject property.
C.
Rooming houses with six rooming units or less.
(3)
Other requirements.
(b)
Sanitary facilities shall be sized according to the number of
rooming units in accordance with the International Plumbing Code.
(c)
A security system controlling the front entrance shall be provided.
(d)
A central kitchen facility will be allowed for cooking and eating.
(e)
There shall be a resident manager on the premises.
D.
Rooming house with seven or more rooming units.
(3)
Other requirements.
(a)
Sprinkler system and fire alarm shall be installed as determined
by the Fire Safety Code.
(b)
There shall be a resident manager on the premises.
(c)
Sanitary facilities shall be sized according to the number of
rooming units in accordance with the International Plumbing Code.
(d)
Private trash disposal shall be provided by the property owner.
(e)
There shall be a security entrance to the front door.
(f)
Central kitchen facilities will be allowed for cooking and eating.
E.
Home occupations by special use permit. All home occupations not
meeting the home occupation by right criteria shall be considered
as special permit uses and shall:
(1)
Be conducted by the legal resident.
(2)
Have no more than 1/3 of the home devoted to business or 500
square feet, whichever is smaller.
(3)
Generate no perceptible noise, vibration, emissions, odor or
electrical interference from outside the property.
(4)
Have no bulk freight deliveries.
(5)
Have a maximum of 20 visits per week and five per day.
(6)
Not have a sign larger than one square foot.
(7)
Have off-street parking with at least one space required.
(8)
Have no retail sales.
(9)
Have no more than one nonresident employee.
(10)
Have no occupations which are otherwise prohibited by state
law or City ordinance.
F.
Mixed residential/commercial uses.
(1)
The application shall propose occupancy of residential and commercial
uses.
(2)
The number of dwelling units permitted shall be based on one
dwelling unit per 2,000 square feet of land area.
G.
Manufactured home park.
(1)
It shall be unlawful for any person to construct, alter or extend
any manufactured home park within the City unless the applicant holds
a zoning certificate issued by the Director for the specific construction,
alteration or extension proposed.
(a)
Any applicant for a special use permit for a manufactured home
park shall present an application and a development plan made by a
registered engineer or land surveyor at a scale of no more than 100
feet to one inch. The plans shall show existing and proposed curb
cuts, driveways, parking spaces, all manufactured home park spaces,
service buildings and proposed structures. A separate utility plat
plan, including water, sewer and electricity, is also required in
the case of new construction or an extension.
(b)
Any person operating a manufactured home park shall hold a license
from the Rhode Island Department of Health which shall be copied and
made a required part of any application.
(2)
Environmental, open space and access requirements.
(a)
Generally. Condition of soil, groundwater level, drainage and
topography shall not create hazards to the property or the health
or safety of the occupants. There shall be no perceptible smoke, noise,
dust, vibration, odors or electrical interference from outside the
property, and no portion subject to unpredictable or sudden flooding,
subsidence or erosion shall be used for any purpose which would expose
persons or property to hazards.
(b)
Soil and ground cover. Exposed ground surfaces in all parts
of every manufactured home park shall be paved or covered with stone
screenings or other solid material or protected with a vegetative
cover that is capable of preventing soil erosion and of eliminating
dust.
(c)
Site drainage. The ground surface in all parts of every manufactured
home park shall be graded and equipped to drain all surface water
in a safe, efficient manner.
(3)
Nonresidential uses.
(a)
No part of any manufactured home park shall be used for nonresidential
purposes, except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance
of the park.
(b)
Nothing in this subsection shall be deemed as prohibiting the
sale of a manufactured home located on a manufactured home stand and,
if an independent manufactured home, connected to the pertinent utilities.
(4)
Minimum size of manufactured home space.
(a)
Manufactured home spaces shall provide a minimum of 3,500 square
feet for each space that shall be at least 35 feet wide and clearly
defined; provided, however, that manufactured home parks in existence
on the effective date of this chapter (March 29, 1971) which provide
manufactured home spaces having a width or area less than that hereinabove
prescribed may continue to operate with spaces of the existing width
and area.
(b)
Manufactured homes shall be separated from each other and from
other buildings and structures by at least 15 feet, provided that
manufactured homes placed end-to-end may have a clearance of 10 feet
where opposing rear walls are staggered.
(c)
An accessory structure which has a horizontal area exceeding
25 square feet, is attached to a manufactured home or located within
10 feet of its window and has an opaque top or roof that is higher
than the nearest window shall, for purposes of all separation requirements,
be considered to be part of the manufactured home.
(5)
Required setbacks, buffer strips and screening.
(a)
All manufactured homes shall be located at least 25 feet from
any park property boundary line abutting upon a public street or highway
and at least 15 feet from other park property boundary lines.
(b)
There shall be a minimum distance of 10 feet between an individual
manufactured home and adjoining pavement of a park street or common
parking area or other common areas.
(c)
All manufactured home parks located adjacent to industrial or
commercial land uses shall be provided with screening, such as fences
or natural growth, along the property boundary line separating the
park and such adjacent nonresidential uses.
(6)
Street design requirements.
(a)
All manufactured home parks shall be provided with vehicular
access from abutting public streets whose maintenance will be the
duty of the permittee.
(b)
Access to manufactured home parks shall be designed to minimize
congestion and hazards at the entrance or exit and allow free movement
of traffic on adjacent streets. The entrance road connecting the park
streets with a public street or road shall have a minimum road pavement
of 34 feet where parking is limited to one side. Where the primary
entrance road is more than 100 feet long and does not provide access
to abutting manufactured home spaces within such distance, the minimum
road pavement width may be 24 feet, provided that parking is prohibited
at both sides.
(c)
Internal streets. Surfaced roadways shall be of adequate width
to accommodate anticipated traffic, and, in any case, shall meet the
following minimum requirements:
[1]
All streets shall be 32 feet minimum in width.
[2]
Dead-end streets shall be limited in length to 600 feet and
shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least 60 feet.
[3]
All streets shall be provided with a smooth, hard and dense
surface which shall be durable and well drained under normal use and
weather conditions. Pavement edges shall be protected to prevent raveling
of the wearing surface and shifting of the pavement base. Street surfaces
shall be maintained free of cracks, holes and other hazards.
(d)
Required illumination of park street systems. All parks shall
be furnished with lighting units so spaced and equipped with luminaries
placed at such mounting heights as will provide the following average
maintained levels of illumination for the safe movement of pedestrians
and vehicles at night in all parts of the park street systems: 0.6
footcandle, with a minimum of 0.1 footcandle.
H.
Personal communications system and amateur radio or television antenna.
(1)
Personal communications system antennas are attached to the
roof or wall of existing manufacturing, commercial, public and semipublic
structures.
(2)
Personal communications system and amateur radio or television
antennas meet the following standards: maximum height 15 feet and
maximum area 50 square feet.
I.
Wireless communications antenna.
(1)
No wireless communications antenna shall be erected within 700
linear feet of a residential zoning district, measured from the center
of the antenna.
(2)
No wireless communications antenna shall exceed 180 feet in
height.
(3)
All wireless communications antenna facilities shall have an
eight-foot fence enclosing the structure and be landscaped with shrubs.
(4)
All wireless communications antennas shall be approved and certified
for structural safety by a registered engineer.
(5)
All wireless communications antennas shall be removed once they
have ceased to function for a period of one year.
J.
Multitenant commercial structures.
(1)
Minimum side yard width: 12 feet.
(2)
Any freestanding sign shall not exceed the dimension regulations
of this chapter.
(3)
Location of a trash container approved through development plan
review.
(4)
Occupancy shall be limited to tenants in the use category of
6, 7 commercial uses; 8, personal services; and 9, business services.
All other use categories are prohibited.
(5)
The commercial standards for parking must be met.
K.
Any commercial use with a drive-in window.
(1)
Minimum lot site shall be 10,000 square feet. All land, including
stacking area and parking, must be zoned commercial local, general,
riverfront commons or manufacturing open.
(2)
There shall be no on-site stacking lane within 50 feet of a
residential property.
(3)
The applicant shall provide information on the following:
(a)
Nature of the product or service being offered.
(b)
Method by which an order is processed.
(c)
Time required to serve a typical customer.
(d)
Anticipated arrival rate of customers.
(e)
Peak demand hour.
(f)
Approval of the anticipated vehicular stacking plan to ensure
no stacked cars will be in the right-of-way and will not increase
traffic in adjacent residential neighborhoods required by the City's
Traffic Engineer.
(4)
There shall be no microphone and amplification system within
150 feet of a residential structure. Amplification systems shall not
be directed at abutting properties.
(5)
Queuing areas shall be screened from adjoining residential zones
by a four-foot-high compact evergreen screen or tight board fence.
(6)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe vehicular and pedestrian circulation.
(7)
A signage plan that clearly identifies the business, its driveway
and building entrances, and drive-through progression shall be submitted
with the special use permit application.
(8)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or physical alterations to
the subject property.
L.
Billboard, bulletin type.
(1)
Location shall be in an Industrial Open MO or Industrial Built-Up
MB District within 600 feet of freeway line of an interstate highway.
(2)
No billboard-bulletin sign shall be erected after the date of
this amendment, except to the extent that such sign replaces an existing
nonconforming sign.
(3)
Maximum sign area is 675 square feet and maximum height is 25
feet. Cutouts and extensions are permitted in accordance with Department
of Transportation Rules and Regulations for Outdoor Advertising.
(4)
Any new billboard sign constructed shall be in conformance with
the State of Rhode Island Department of Transportation Rules and Regulations
for Outdoor Advertising.
(5)
All billboard signs erected must conform to applicable Rhode
Island State Building Code regulations and City of Pawtucket ordinances.
M.
Billboard, thirty-sheet poster type.
(1)
The location is to be in Industrial Open MO or Industrial Built-Up
MB Zoning District within 600 feet of an interstate highway or along
a highway classified as primary system.
(2)
No billboard, thirty-sheet poster type, shall be constructed
or erected after the date of the amendment, except to the extent that
such sign replaces an existing nonconforming sign.
(3)
The maximum area shall be 300 square feet, and the maximum height
shall be 50 feet.
(4)
The location is to be at least 500 feet from any other billboard,
thirty-sheet poster type.
(5)
All signs erected must conform to applicable Rhode Island State
Building Code and Department of Transportation regulations.
N.
Billboard, eight-sheet poster type.
(1)
The location is to be in Industrial Open MO or Industrial Built-Up
MB District.
(2)
No sign shall be constructed or erected after the date of this
amendment, except to the extent that such sign replaces an existing
nonconforming sign.
(3)
The maximum sign area is to be 100 square feet, and the maximum
height is to be 16 feet.
(4)
The distance from a public right-of-way shall be 10 feet.
(5)
All signs erected must conform to applicable RI State Building
Code regulations and local ordinances.
(6)
The minimum distance of a sign from any residential district
is to be 100 feet.
O.
Marina.
(1)
Marinas are limited to land parcels with access to Seekonk and
Pawtucket Rivers.
(2)
There shall be a minimum of 10 boat-docking spaces during summer
boating season.
(3)
An accessory use permitted is the sale of boating supplies,
excluding fuels.
(4)
There shall be one parking space per boat leasing space at the
marina.
(5)
Marinas shall be in compliance with Coastal Resources Management
Council regulations.
(6)
Off-season boat storage shall be allowed, subject to an egress
plan approved by the fire department.
(7)
No boat is kept in the same location for more than 500 days.
(8)
Composting, recycling, and waste bins are readily available
for patrons.
P.
Medical office building.
(1)
New structure or conversion of nonresidential structure for
medical office building; no conversion of existing residential dwellings.
(2)
The minimum lot size shall be 10,000 square feet.
(3)
Buildings shall meet parking lot standard of one space per 300
square feet of leasable floor space.
(4)
There shall be no front yard parking in developed residential
areas.
(5)
Landscaping is to be provided in all parking lots; three-foot
exterior border in parking lots and trees every 40 feet.
(6)
Best management practices shall be employed for parking lot
stormwater drainage.
(7)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated drop-off area near an entrance to the building
sufficient to hold at least four vehicles that does not block vehicle
parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors
to the different driveways and building entrances.
(8)
Sufficient hospital design shall be demonstrated through the
submission of architectural plans stamped by a Rhode Island licensed
architect with the special use permit application that includes wayfinding
directing patients and visitors to the different care destinations.
(9)
A signage plan that clearly identifies the hospital and all
wayfinding shall be submitted with the special use permit application.
(10)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(11)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(12)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or physical alterations to
the subject property.
R.
Independent-living facility and nursing care and assisted living.
(1)
Minimum lot size: 5,000 square feet.
(2)
The required minimum lot area is 1,000 square feet per resident.
(3)
Lot coverage does not exceed 30%.
(4)
Every room used for sleeping purposes contains at least 100
square feet of floor space, and every room occupied for sleeping purposes
by more than one person contains at least an additional 60 square
feet of floor space for each additional occupant thereof.
(5)
Landscaping and architectural treatment is in harmony with the
surrounding residential development. The building and grounds shall
be maintained so as to enhance the appearance of the premises.
(6)
Provisions for outdoor passive recreation are provided in the
form of paved walks and patios and include benches and similar facilities.
Area devoted to passive recreation is equal at least 10% of the lot
or premises.
(7)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated drop-off area near an entrance to the building
sufficient to hold at least four vehicles that does not block vehicle
parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors
to the different driveways and building entrances.
(d)
Delivery and waste removal locations and schedules that do not
disturb the peace.
(8)
Sufficient healthcare design shall be demonstrated through the
submission of architectural plans stamped by a Rhode Island licensed
architect with the special use permit application that includes wayfinding
directing patients and visitors to the different care destinations.
(9)
A signage plan that clearly identifies the hospital and all
wayfinding shall be submitted with the special use permit application.
(10)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(11)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(12)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or physical alterations to
the subject property.
S.
Multitenant industrial structures.
(1)
Minimum lot size: 20,000 square feet.
(2)
Minimum side, front, rear yard width: 20 feet.
(3)
Any freestanding sign shall not exceed the dimension regulations
of this chapter.
(4)
Location of a trash container is to be approved through development
plan review.
(5)
Occupancy shall be limited to tenants in the use category of
8, personal services; 9, business services; 12, miscellaneous repair
services; 15, wholesale commercial; 18, storage uses; and 19, industrial
uses. All other use categories are prohibited.
(6)
The commercial standards for parking must be met.
T.
Multifamily (five plus units) in an Industrial - Open Zone.
U.
Pet care services and pet overnight boarding.
(1)
Minimum lot size: 20,000 square feet.
(2)
Minimum side, front, rear yard width: 20 feet.
(3)
Lot cannot be within 200 feet of a residential district or a
commercial or office building.
(4)
Landscaping (a hedge of compact evergreens) or a tight board
fence must be installed along all interior lot lines.
(5)
Exterior exercise areas shall be located in the interior side
or rear yard and shall be enclosed by a six-foot fence.
(6)
All overnight boarding operations shall be located indoors.
(7)
All pet care services and pet overnight boarding facilities
shall have a valid kennel license from the City of Pawtucket.
V.
Massage therapy.
(1)
The person engaged in the practice of massage has completed
a program in or is certified by a school or institution of learning
that is approved by the Commission on Massage Therapy Accreditation
(COMTA) or equivalent academic and training program meeting the requirements
of the Rhode Island Department of Health as stated in their rules
and regulations for licensing massage therapists, other than a corresponding
course which a school or institution has for its purpose the teaching
of the theory, practice, method, profession or work of massage, including
at least anatomy, physiology, hygiene and professional ethics, pursuant
to the statutory provisions. Proof of a current license issued by
the Department of Health shall be posted on the premises in a location
visible to customers.
(2)
Where this use adjoins a lot in residential use, it shall be
screened by a solid wall, a uniformly painted tight board fence or
a hedge of compact evergreens or other suitable plantings. Such screen
shall be at least four feet in height and shall be erected and maintained
between such lot and any property in residential use.
(3)
Development or redevelopment shall comply with all parking and
landscaping requirements. A site plan which demonstrates that the
parking requirements have been met shall be approved by the Director.
(4)
Within Riverfront Zones, structures shall be subject to development
plan review. Structures that are within either the Commercial Downtown
Zone or the Downtown Pawtucket National Register Historic District
shall be subject to design review by the Historic District Commission.
W.
Electronic messaging centers.
(1)
Only one electronic messaging center (EMC) per site is permitted.
(2)
Each message is displayed for a minimum period of 60 seconds.
(3)
Signs cannot contain or display animated, moving video, scrolling
advertising or pictures.
(4)
A uniform background must be provided, and a maximum of two
colors may be displayed at the same time for maximum legibility.
(5)
The intensity of the LED display shall not exceed the levels
specified in the chart below:
|
Maximum Intensity of LED Display
| |
|---|---|
|
Daytime maximum
|
5,000 nits*
|
|
Nighttime** maximum
|
1,000 nits
|
|
NOTES:
| |
|
*
|
Nits are a luminance measuring unit equal to one candela per
square meter measured perpendicular to the rays from the source.
|
|
**
|
"Nighttime" is defined as sunset to sunrise based upon the determination
of the National Weather Service.
|
(6)
EMCs are not permitted within local Historic Districts, National
Register Historic Districts, or Mill Building Reuse Overlay Districts.
(7)
EMCs cannot be located within 200 feet of a Residential Zone,
a Riverfront Zone, a local Historic District or a National Register
District. The applicant must provide a site plan which identifies
all parcels within 200 feet. The submission of an assessor's
map is not sufficient. All parcels within 200 feet of the proposed
sign must be identified.
(8)
EMCs may only operate between the hours of 7:00 a.m. and 11:00
p.m.
(9)
Each square foot of the electronic messaging center counts for
two square feet toward the calculation of total area of all signs.
X.
Marijuana cultivation and distribution.
(1)
All marijuana building facilities in all zoning districts in
the City of Pawtucket shall be subject to the following requirements:
(a)
All registered cardholders, whether acting individually or in
a cooperative cultivation, shall comply with all Rhode Island Department
of Business Regulation (DBR) and Rhode Island Department of Health
(DOH) regulations regarding the cultivation, distribution, and storage
of marijuana and marijuana products at all times.
(b)
All registered cardholders, whether acting individually or in
a cooperative cultivation, are encouraged to comply with all building
and fire codes for the City of Pawtucket. If the scale of cultivation
operation necessitates the issuance of building, electrical, mechanical,
or plumbing permits and inspections, said applications shall remain
sealed and confidential by the Pawtucket Building Official at all
times in accordance with state and federal medical confidentiality
requirements.
(c)
No marijuana establishment shall be combined with residential
use of property.
(d)
The building housing the cultivation shall be enclosed on the
outside by a chain-link security fence with a height of no less than
six feet.
(e)
The facility must have a security system to deter and prevent
the unauthorized entrance into areas containing marijuana and the
theft of marijuana, which shall include both adequate lighting, subject
to the approval of the City's Building Official or Zoning Official
in consultation with the City's Public Safety Director, including
motion control lighting, and an alarm system that is linked to Pawtucket's
public safety departments (police and fire).
(f)
The use of butane, propane, or other compressed gases and solvents
used for the purposes of marijuana extraction shall be strictly prohibited
in all districts.
(g)
In addition to the requirements above, the following shall be
required for the cultivation of marijuana:
[1]
That the area used for marijuana growing be secured by locked
doors.
[2]
That the area used for marijuana growing have unobstructed means
of ingress and egress at all times.
[3]
That the area used for marijuana growing shall not be within
10 feet of a fuel or heating source, including but not limited to
propane, natural gas, or an oil tank.
(h)
In accordance with R.I.G.L. § 21-28/6-4(a), all marijuana
must be cultivated and stored in an indoor facility.
(i)
Odor mitigation measures shall be incorporated to eliminate
any and all detection of marijuana cultivation, storage, sale, or
distribution from abutting properties, tenants, and public ways.
(2)
Compassion centers may be permitted by special use permit in
Industrial Open (MO) and Industrial Built-Up (MB) Zones and are subject
to all applicable provisions of the Zoning Ordinance and building
construction codes. All of the following additional requirements must
also be satisfied prior to the grant of a special use permit:
(a)
The application for a special use permit shall provide the legal
name and address of the compassion center, a copy of the articles
of incorporation, and the name, address, and date of birth of each
principal officer and board member of the compassion center. The application
shall also include a site plan, which shall show the distances between
the proposed use and the boundary of the nearest residential zoning
district and the property line of all other abutting uses as described
within this section.
(b)
Submission of an operation plan demonstrating the operation
of the requested use at the proposed location will not prevent the
public from the beneficial use of any property used for a school,
public or private, park, playground, recreational field, youth center,
or licensed day-care center.
(c)
The requested use at the proposed location shall not be located
within a designated Mill Building Reuse District.
(d)
Public access to the proposed location does not impede adjacent
residential uses.
(e)
The exterior appearance of the structure must be harmonious
with that of existing structures within the immediate neighborhood
of the zone and may incorporate modest signage, so as to prevent substantial
diminishment or impairment of property values within the neighborhood.
(f)
The requested use at the proposed location must not be located
within:
(g)
The distances specified in the immediately preceding Subsection
X(2)(f) shall be measured by a straight line from the nearest property
line of the premises on which the proposed compassion center use is
to be located to the nearest boundary line of the residential district
or to the nearest property line of any of the other designated uses
set forth therein.
(h)
Hours of operation for a compassion center shall be limited
to 8:00 a.m. to 8:00 p.m.
(i)
Lighting shall be required such that will illuminate the compassion
center, its immediate surrounding area, any accessory uses, including
storage areas, all parking areas, the front facade of the center,
and any adjoining public sidewalks.
(j)
The proposed compassion center shall implement the appropriate
security measures to deter and prevent the unauthorized entrance into
areas containing marijuana and shall ensure that each location has
an operational security/alarm system.
(k)
Compassion centers are subject to development plan review.
(l)
All provided off-street parking and loading facilities shall comply with regulations included in Article IX of the Zoning Ordinance.
(m)
All compassion centers shall fully comply with all other licensing
requirements of the City of Pawtucket and the laws of the State of
Rhode Island.
(n)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
[1]
Safe vehicular and pedestrian circulation.
(o)
A traffic impact study stamped by a Rhode Island licensed civil
engineer that shows no decrease in service at any period in time.
(p)
A signage plan that clearly identifies the business and its
driveway and building entrances shall be submitted with the special
use permit application.
(q)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any operational or physical alterations to
the subject property.
(3)
Licensed cultivator facilities may be permitted by special use
permit in Industrial Open (MO) and Industrial Built-Up (MB) Zones
and are subject to all applicable provisions of the Zoning Ordinance
and building construction codes. All of the following additional requirements
must also be satisfied prior to the grant of a special use permit:
(a)
Minimum lot size: 8,000 square feet.
(b)
The requested use at the proposed location must not be located
within:
(c)
The distances specified in the immediately preceding Subsection
X(3)(b) shall be measured by a straight line from the nearest property
line of the premises on which the proposed licensed cultivator use
is to be located to the nearest boundary line of the residential district
or to the nearest property line of any of the other designated uses
set forth therein.
(d)
The requested use at the proposed location shall not be located
within a designated Mill Building Reuse District.
(e)
Interior cultivation and storage activities shall not be visible
from surrounding public ways or areas.
(f)
A written acknowledgement of the limitations of the right to
use and possess marijuana in Rhode Island that is signed by the cultivator
license holder must be displayed prominently in the premises when
cultivation is occurring.
(g)
A licensed cultivator facility shall comply with all applicable
Department of Business Regulation requirements regarding the possession
of usable marijuana, mature marijuana plants, and seedlings allowable
at a given time.
(h)
A licensed cultivator facility must have displayed prominently
on the premises documentation from the municipality that the location
and cultivation has been inspected by the municipal building official,
the municipal fire department, and state licensing officials and is
in compliance with any applicable state and municipal housing and
zoning codes.
(i)
A licensed cultivator facility must report the location of the
facility to the division of state police and fully comply with the
laws of the State of Rhode Island.
(j)
The licensed cultivator facility shall implement the appropriate
security measures to deter and prevent the unauthorized entrance into
areas containing marijuana and shall ensure that each location has
an operational security/alarm system.
(4)
Marijuana testing facilities may be permitted by special use
permit in Industrial Open (MO), Industrial Built-Up (MB), and Commercial
General (CG) Zones and are subject to all applicable provisions of
the Zoning Ordinance and building and construction codes. All of the
following additional requirements must also be satisfied prior to
the grant of a special use permit:
(a)
The lot cannot be within 500 feet of the nearest public or private
school, public park, playground, recreation field, youth center, or
licensed day-care center.
(b)
The distances specified in the immediately preceding Subsection
X(4)(a) shall be measured by a straight line from the nearest property
line of the premises on which the proposed marijuana testing facility
use is to be located to the nearest boundary line of the residential
district or to the nearest property line of any of the other designated
uses set forth therein.
(c)
Interior testing and storage activities shall not be visible
from surrounding public ways or areas.
(d)
A written acknowledgement of the limitations of the right to
use and possess marijuana in Rhode Island that is signed by the marijuana
testing facility license holder must be displayed prominently in the
premises where testing is occurring.
(e)
A testing facility shall comply with all applicable Department
of Business Regulation and Department of Health requirements regarding
the possession, transportation, and removal of all usable marijuana.
(f)
A testing facility must have displayed prominently on the premises
documentation from the municipality that the location and testing
has been inspected by the municipal building official, the municipal
fire department, and state licensing officials and is in compliance
with any applicable state and municipal housing and zoning codes.
(g)
A testing facility must report the location of the facility
to the division of state police and fully comply with the laws of
the State of Rhode Island.
Y.
Rental storage space/self-storage facilities where permitted by special
use permit shall comply with the following requirements:
(1)
The proposed rental storage space/self-storage facilities shall
not be located within 1,000 feet of an existing rental storage space/self-storage
facility. The 1,000-foot distance shall be measured from the property
lot line of the existing facility to the closest property lot line
of the proposed self-storage facility.
(2)
The only commercial activities permitted at a self-service storage
facility shall be rental of storage units, pickup and deposit of goods
and/or property in dead storage. Ancillary retail sales of related
items, such as moving supplies, and facility offices may also be included.
(3)
Storage units shall not be used to: manufacture, fabricate or
process goods: service or repair vehicles, boats, small engines or
electrical equipment, or to conduct similar repair activities; conduct
garage sales or retail sales of any kind; or conduct any other commercial
or industrial activity.
(4)
The rental of trucks and trailers used for moving and the installation
of hitch and towing packages may be allowed in association with a
self-service storage facility.
(5)
The maximum size of a storage unit shall be 500 square feet.
(6)
All property stored on the site shall be entirely within enclosed
buildings.
Z.
Place of worship.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
Outdoor gathering space immediately outside the main entrance
sufficient to hold congregant to fire code standards shall be shown
on the plans.
(c)
A designated drop-off area near an entrance to the building
with a queuing lane that does not block vehicle parking spaces calculated
as 5% of facility's capacity as determined by the fire safety
code, rounded up to the nearest whole number.
(2)
Religious motifs for the respective religion(s) shall be demonstrated
through the submission of architectural plans stamped by a Rhode Island
licensed architect with the special use permit application.
(3)
A signage plan that clearly identifies the place of worship
and denomination of the congregants shall be submitted with the special
use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AA.
Museum.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(2)
Curatorial design shall be demonstrated through the submission
of architectural plans stamped by a Rhode Island licensed architect
with the special use permit application.
(3)
A signage plan that clearly identifies the museum shall be submitted
with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AB.
Hospital.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
A designated drop-off area near an entrance to the building
sufficient to hold at least four vehicles that does not block vehicle
parking spaces.
(c)
Vehicular and pedestrian signage directing patients and visitors
to the different driveways and building entrances.
(2)
Sufficient hospital design shall be demonstrated through the
submission of architectural plans stamped by a Rhode Island licensed
architect with the special use permit application that includes wayfinding
directing patients and visitors to the different care destinations.
(3)
A signage plan that clearly identifies the hospital and all
wayfinding shall be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AC.
Day-care center.
(1)
The applicant shall provide proof of state licensing.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation.
(b)
Outdoor recreation space under the custody and control of the
day-care center sufficient to hold the entire facility's capacity.
(c)
A designated drop-off area near an entrance to the building
with a queuing lane that does not block vehicle parking spaces calculated
as 5% of facility's capacity as determined by the fire safety
code, rounded up to the nearest whole number.
(3)
A signage plan that clearly identifies the day-care center shall
be submitted with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AD.
School.
(1)
The applicant shall provide proof of licensing as required.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 5% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(3)
A signage plan that clearly identifies the school shall be submitted
with the special use permit application.
(4)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(5)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(6)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AE.
Community center and nonprofit recreational facility.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 1% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(2)
A signage plan that clearly identifies the use shall be submitted
with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AF.
Civic, social, fraternal organization.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 1% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(c)
The majority of parking is in the rear yard behind the building.
(2)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(3)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(4)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AG.
Restaurant, tavern, nightclub, and bowling alley, billiards, and
pool.
(1)
The use may not be combined with the residential use of the
property.
(2)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building calculated as 1% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(c)
The majority of parking is in the rear yard behind the building.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AH.
Car washing facility.
(1)
An operations plan is submitted with the special use permit
demonstrating that 75% of water will be reused. The car washing facility
shall adhere to the operations plan for the duration of its special
use permit.
(2)
Whether washing of vehicles occurs inside or outside a building,
the entire washing area shall be paved and all the water used in such
washing shall be properly drained on site with no runoff onto the
public right-of-way.
(3)
All outdoor activities shall be screened from adjoining residential
zones by a four-foot-high compact evergreen screen or tight board
fence.
(4)
When vacuums are included on the site, they shall include mufflers
to reduce the sound of the equipment to a maximum of 85 decibels.
(5)
Trash receptacles shall be placed near all vacuum stations as
applicable and at the car wash entrance.
AI.
Storage of equipment, products, supplies or material.
(1)
A site plan shall be submitted with dimension showing that all
outdoor storage areas are completely enclosed by a six-foot solid
fence or wall.
(2)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(3)
A drainage plan signed by a Rhode Island licensed civil engineer
shall be submitted with the special use permit demonstrating that
surface water will not congregate in storage areas and no runoff from
storage areas will enter the right-of-way.
(4)
No vehicles shall back into or out of the property.
(5)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AJ.
Rental storage space.
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 1% of facility's capacity as determined
by the fire safety code, rounded up to the nearest whole number.
(c)
The majority of parking is in the rear yard behind the building.
(2)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(3)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
AK.
Apparel and other textile products, lumber and wood products, furniture
and fixtures, paper and allied products, printing and publishing and
sign manufacturing, plastic materials and synthetics, pharmaceutical
drugs, soaps and cleaners, miscellaneous chemical products, fabricated
metal products, machinery manufacturing, miscellaneous manufacturing,
and brewing and distilling of beer or spirits.
(1)
The operation of the facility shall generate no perceptible
noise, vibration, emissions, odor or electrical interference from
outside the property.
(2)
Smoke and other airborne emissions shall conform to the standards
of the Air Pollution Control Regulations of the Rhode Island Department
of Environmental Management, issued under the authority of Chapter
23-25 of the General Laws of Rhode Island, 1956, as amended.
(3)
If deemed necessary by the Department of Public Works, the permitting
authority may require the pretreatment of liquid waste prior to discharge
into the sewer system, or may require that such liquid waste be transported
to a suitable treatment or disposal facility in a manner conforming
to all applicable federal and state regulations.
(4)
No manufacturing or business enterprise shall cause radiation
emission which exceeds the safe limits established in the regulations
of the United States Nuclear Regulatory Commission, or any other agency
of competent jurisdiction. This limit shall apply to emissions from
radioactive materials and waste, electromagnetic radiation, x-ray
radiation, microwave radiation and other forms of radiation presenting
a potential hazard to employees and abutters of the manufacturing
or business enterprise.
AL.
Bed-and-breakfast.
(1)
The maximum number of parked vehicles must be consistent with
available on-site parking.
AM.
Theater and performing arts venue
(1)
Circulation plans shall be submitted with the special use permit
application, stamped by a Rhode Island licensed civil engineer, demonstrating:
(a)
Safe pedestrian and vehicular circulation, including pedestrian
paths from the nearest transit stops and bicycle paths from nearby
bicycle infrastructure.
(b)
Outdoor gathering space immediately outside the main entrance
sufficient to hold the property's largest theater's fire
code occupancy shall be shown on the plans.
(c)
There shall be a designated drop-off area near an entrance to
the building with a queuing lane that does not block vehicle parking
spaces calculated as 5% of facility's property's largest
theater's fire code occupancy, rounded up to the nearest whole
number.
(2)
A signage plan that clearly identifies the use and wayfinding
to the theater(s) shall be submitted with the special use permit application.
(3)
A lighting plan stamped by a Rhode Island licensed architect
that shows sufficient lighting for nighttime safety shall be submitted
with the special use permit application.
(4)
A security plan including information relating to entrance procedure,
police details and video and lighting locations. The security plan
must be approved by the Chief of Police or their designee as sufficiently
safe and updates shall be submitted to and approved by the Chief of
Police or their designee. To the maximum extent possible, the security
plan and any updates shall be deemed confidential documents.
(5)
Any future changes to those items depicted on the plans shall
be submitted to the permitting authority for its review and approval
prior to completion of any physical alterations to the subject property.
