[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
(a)
Application. An application for relief
from the literal requirements of this Zoning Ordinance because of
hardship or an application for a special use permit may be made by
any person, group, agency or corporation, provided that the owner
or owners of the subject property must join in any application, by
filing with the permitting authority an application describing the
request and supported by such data and evidence as may be required.
An application from a corporation must be signed by its attorney or
duly authorized officer of the corporation.
(b)
Review by Planning Board. For applications
not reviewed pursuant to unified development review, the Zoning Board
shall, immediately upon receipt of an application, request that the
Planning Board report its findings and recommendations, including
a statement on the general consistency of the application with the
goals and purposes of the comprehensive community plan of the Town
Cumberland Comprehensive Plan in writing to the Board within 30 days.
The finding of the Planning Board with respect to the consistency
of the application with the goals and purposes of the comprehensive
plan shall be recorded in the record of the Board; and the declaration
of the Planning Board shall be a recognized statement of fact before
the Board.
(c)
Hearing and Notice Requirements. The permitting
authority shall hold a public hearing on any application for variance
or special use permit in an expeditious manner, after receipt, in
proper form, of an application. The permitting authority shall give
notice of such public hearing, which notice shall include the precise
location of the subject property, including the street address, and
a description of the relief sought, at least 14 days prior to the
date of the hearing by publication of notice in a newspaper of local
circulation within the Town, which shall meet the requirements of
this subsection and R.I.G.L. AA 45-24-53.
(d)
The same notice shall be posted in the
Town Clerk's Office and one other municipal building in the Town and
shall be accessible on the home page of the Town's website at least
14 days prior to the hearing. For any notice sent by first class mail,
the sender of the notice shall submit a notarized affidavit to attest
to such mail. The cost of newspaper and mailing notification shall
be borne by the applicant.
(e)
Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this Zoning Ordinance shall be submitted as part of the subdivision or land development application to the Administrative Officer of the Planning Board, pursuant to Article 12, Section 4. All subdivision or land development applications submitted under the unified development review provisions of this Zoning Ordinance shall have a public hearing, which shall meet the requirements of this subsection and R.I.G.L. AA 45-23-50.1(c).
(f)
Uses Not Listed in Table of Uses. To the
extent a proposed land use is not specifically listed in Appendix
B, Attachment 1, Table 1 (Use Table), the property owner may submit
a written request to the Zoning Board of Review for an evaluation
and determination of whether the proposed use is of a similar type,
character, and intensity as a listed use requiring a special use permit.
Upon such determination, the proposed use may be considered to be
a use requiring a special use permit.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
(a)
General
Standards. In granting a variance, the Board shall require that evidence
to the satisfaction of the following standards be entered into the
record of the proceedings:
(1)
That the hardship from which the
applicant seeks relief is due to the unique characteristics of the
subject land or structure and not to the general characteristics of
the surrounding area; and not due to a physical or economic disability
of the applicant, excepting those physical disabilities addressed
in R.I.G.L. AA 45-24-30(a)(16);
(2)
That said hardship is not the result
of any prior action of the applicant; and
(3)
That the granting of the requested
variance will not alter the general characteristic of the surrounding
area or impair the intent or purpose of this Zoning Ordinance or the
Town of Cumberland Comprehensive Plan.
(b)
The
Board shall, in addition to the above standards, require that evidence
be entered into the record of the proceedings showing that:
(1)
In granting a use variance, the subject land or structure cannot
yield any beneficial use if it is required to conform to the provisions
of this appendix. Nonconforming use of neighboring land or structures
in the same district and permitted use of land or structures in an
adjacent district shall not be considered grounds for granting a use
variance.
(2)
In granting a dimensional variance,
the hardship that will be suffered by the owner of the subject property
if the dimensional variance is not granted shall amount to more than
a mere inconvenience, meaning that the relief sought is minimal to
a reasonable enjoyment of the permitted use to which the property
is proposed to be devoted. The fact that a use may be more profitable
or that a structure may be more valuable after the relief is granted
shall not be grounds for relief.
The following special uses are permitted
upon approval by the board, in accordance with this article. Applications
for special use permits must meet the specific and objective criteria
specified herein as to each use:
(a)
Adult
Use - Books, Entertainment, Retail. The following criteria shall apply
in addition to those pursuant to Article 8, Section 34.
(1)
No adult use shall not be located
within 500 feet of any residential, agricultural or open space use
or zoning district nor within 500 feet of a school, religious facility,
public recreation facility, or day care center.
(2)
No adult use shall be located within
2,000 feet of any other adult use. Distance shall be measured from
property line to property line along the shortest distance between
property lines.
(3)
All windows, doors, openings, etc.,
for all adult uses shall be located, covered, screened or otherwise
treated so that views of the interior of the establishment are not
possible.
(b)
Assisted Living Facility.
(c)
Auto Body Repair.
(1)
The minimum lot size shall be 20,000
square feet.
(2)
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.
(3)
The establishments shall be screened
along interior side and rear lot lines with a solid wall or opaque
fence, a minimum of four feet and a maximum of six feet in height.
(4)
All storage of all merchandise, auto
parts and supplies and the repair, service and sales and/or leasing
operations shall be performed within a fully-enclosed building.
(5)
No partially dismantled, wrecked,
or unlicensed vehicles shall be stored outdoors on the premises. This
standard does not apply to vehicles under repair and/or service.
(6)
Outside storage of vehicles intended
to be repaired and/or serviced shall be limited to one vehicle for
every 500 square feet of lot area.
(7)
No motor vehicles shall be stored
and no repair and/or service work shall be conducted in the public
right-of-way.
(8)
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 run-off onto the public right-of-way.
(9)
Only waterborne base coat paints
shall be used in the operation of the business.
(10)
Only dustless sanding systems shall
be used in the operation of the business.
(11)
No variances may be granted relating
to the dimensional requirements as stated in this subsection (c).
(d)
Auto Service and Gasoline Sales. 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 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
should 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.
a.
Repairing shall be limited to minor
repair work, such as tire or tube repairing, battery changing, lubrication,
engine tune-ups and similar type work, and must be conducted wholly
within a fully-enclosed building.
b.
Repair work shall not include any
bodywork.
c.
No partially dismantled, wrecked,
or unlicensed vehicles shall be stored outdoors on the premises. This
standard does not apply to vehicles under repair and/or service.
d.
Storage of all merchandise, auto
parts and supplies shall be conducted wholly within a fully-enclosed
building.
e.
No motor vehicles shall be stored
and no repair and/or service work shall be conducted in the public
right-of-way.
f.
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 run-off onto the public right-of-way. All outdoor activities
shall be screened from adjoining A and R zones by a four-foot-high
compact evergreen screen or tight board fence.
(7)
Vehicle services establishments shall
be screened along interior side and rear lot lines with a solid wall
or fence, a minimum of four feet and a maximum of six feet in height.
(8)
The site shall otherwise comply with
landscaping requirements of these Regulations.
(9)
Outside storage of vehicles intended
to be repaired shall be limited to one vehicle for every 500 square
feet of lot area.
(10)
Electric vehicle charging stations
may be included as an accessory use to a gas station but may not be
counted toward parking requirements.
(e)
Car Wash.
(1)
Car wash facilities shall be screened
along interior side and rear lot lines with a solid fence or wall,
a minimum of four feet and a maximum of six feet in height. One shrub,
a minimum of three feet in height at time of planting, shall be planted
linearly every three feet on center along such fence or wall.
(2)
When a car wash facility abuts a
residential, agricultural, or open space use or zoning district, the
facility shall adhere to the buffer requirements in this appendix.
(3)
When vacuums are included on the
site, they shall include mufflers to reduce the sound of the equipment
to a maximum of 80 decibels.
(4)
Trash receptacles shall be placed
near all vacuum stations as applicable and at the entrance to the
car wash entrance.
(5)
Outside storage of vehicles intended
to be repaired shall be limited to one vehicle for every 500 square
feet of lot area.
(f)
Communications and Utilities.
(1)
The property shall be completely
enclosed along all lot lines by an opaque fence a minimum of four
feet and a maximum of six feet in height, including ingress and egress.
Where buildings are proposed, they should be located along the street
frontage, meeting setback requirements. Otherwise, screening the operation
from the street, which may include fences, tall vegetation, or walls
along the front, is required.
(2)
Where the use abuts a residential
use or zoning district, the fence shall be set back a minimum of 20
feet from each such lot line abutting a residential use or zoning
district.
(g)
Communication
Towers. It is the intent of this section to encourage, where appropriate,
the location of antennae on existing structures, as well as the joint
use (co-location) of new and existing towers with the goal of minimizing
the number of poles while providing for "seamless" or complete coverage.
It is also the intent of this section to facilitate the use of public
property and structures for the siting of towers and antennae.
(1)
The application shall also include a narrative report and supplemental
information which contains the following:
a.
An explanation of the technical, economic and other reasons for the
design and placement of the tower, including its area of coverage.
b.
An inventory of existing towers,
or sites approved for towers, that are within the jurisdiction of
the Town or within one mile of the Town's border thereof, including
specific information about the location, height and design of each
tower, and its area of coverage.
c.
A certification of structural integrity
from a professional engineer registered by the State of Rhode Island.
d.
Evidence that the applicant has made
all reasonable efforts to utilize existing substantial structures
for cellular antennae and that no other structures are reasonably
available within the area sought by the applicant to produce adequate
communications coverage.
e.
An explanation of how the site will
be designed to co-locate future carriers and how many carriers can
be technically accommodated, as well as a statement that if the site
can physically support co-location and the additional carrier is willing
to sign a commercially reasonable lease, it shall be allowed to co-locate.
(2)
The applicant shall also submit a surety of an amount equal to the
cost of removal of the tower and all ancillary equipment in the event
that use of the tower is discontinued. The surety amount shall be
approved by the permitting authority in consultation with the Public
Works Director.
(3)
Public safety requirements. At the
time of application for any communication tower, space shall be made
available on the tower for Town police, fire, rescue and public works
communication needs related to public safety, health and welfare,
at no cost to the Town. The communication tower owner and wireless
service carriers shall assist the Town, when deemed necessary, in
the enhancement of existing public safety communication systems by
providing for the acquisition and installation of related equipment.
(4)
Development standards. The following
shall be specifically applied to all communication towers:
a.
Whether erected on an existing building
or erected as a separate structure, the tower shall be integrated
through location and design to be compatible with the existing characteristics
of the site to the extent practical.
b.
No freestanding communications tower
shall exceed 150 feet in height.
c.
The distance between the base of
the tower or pole and any parcel boundary shall not be less than one
foot distance for every one foot of tower height, plus an additional
15% of the total height of the tower added to the lineal distance
from the property boundary.
d.
Removal of on-site vegetation and
changes to existing topography shall be minimized.
e.
Towers shall be enclosed by a protective
fence not less than eight feet nor more than 10 feet in height from
the natural grade.
f.
Appropriate screening, including
use of trees and other vegetation, shall be installed at all tower
sites to screen views from adjacent properties and streets.
g.
Towers shall be neutral in appearance,
and related structures shall blend in with the surrounding environment
through the use of appropriate design, materials and colors.
h.
No tower shall be artificially lighted
except as required by the Federal Aviation Commission.
i.
There shall be a minimum setback
of 50 feet from any residential property line and, where the use is
a freestanding tower, a minimum of 50 feet at least as far back from
lot lines as the height of the structure.
(5)
Site and coverage consideration.
a.
Town owned sites or facilities that are located in the prospective
coverage area which could potentially accommodate the proposed tower
or antennae shall be considered first and given priority for location
of said tower or antennae.
b.
When considering an application for
a communication tower. The permitting authority shall evaluate the
context of the site under consideration, including the underlying
zoning, uses of the property, uses and activities on adjoining properties,
maximization of co-location on the proposed facility and compatibility
of the proposed tower/facility with the area in which it is located.
c.
No new communications tower shall
be erected within the unobstructed service range of an existing tower
or where telecommunications coverage is otherwise provided.
d.
Evidence that the area of Town to
be serviced by the tower already has complete telecommunications coverage
can be grounds for denial of the special use permit.
e.
Abandonment of communication towers.
Any communication tower that has not been used for a period of one
year shall be considered to be abandoned and it and all ancillary
equipment shall be dismantled and removed at the owner's expense.
The owner of such facility shall have 90 days from the receipt of
notice from the Building Official to complete removal. Failure shall
be considered a violation of this appendix and subject to the penalties
and enforcement actions contained in AA 17-5.
(h)
Contract Construction Service.
(1)
The property shall be screened along
interior side and rear lot lines with a solid fence or wall, a minimum
of four feet and a maximum of six feet in height. One shrub, a minimum
of three feet in height at time of planting, shall be planted linearly
every three feet on center along the outside of such fence or wall.
(2)
Where the use abuts a residential,
agricultural or open space use or zoning district, the property shall
adhere to the buffer requirements in this appendix.
(i)
Day
Care Center.
(1)
The applicant shall provide proof
of state licensing.
(2)
There shall be a designated pick
up and drop off area near an entrance to the building with a queuing
lane that does not block vehicle parking spaces or extend into the
street.
(3)
The parking plan shall provide safe
pedestrian circulation with clearly marked crosswalks from each parking
area to the building entrance(s).
(4)
Minimum lot size shall be 30,000
square feet.
(6)
Setbacks in agricultural zones shall
conform to those found in Article 5.
(7)
Requirements for parking. Minimum
of one space per 250 square feet of GFA, plus one space per employee.
(8)
The facility shall be located on a principal or minor arterial roadway
as defined in the R.I. Statewide Planning's Highway Functional Classification
System.
(j)
Drive-Through
Service.
(2)
Stacking spaces provided for drive-through uses shall be
a.
A minimum of 10 feet in width, as measured from the outermost point
of any service window, menu board or bay entrance, to the edge of
the driveway, and 20 feet in length. In the case of a recessed service
window, the measurement shall be taken from the building wall.
b.
Stacking spaces shall begin behind
the vehicle parked at a final point of service, such as a service
window or car wash bay (and does not include a menu board). Spaces
shall be placed in a single line behind each lane or bay.
c.
The number of required queued cars shall apply to all lanes or bay
where multiple lanes are proposed.
(3)
All drive-through lanes shall be located and designed to ensure that
they do not adversely affect traffic circulation on adjoining streets.
Drive-through lanes on corner lots shall not route exiting traffic
into adjacent residential neighborhoods.
(4)
Drive-through facilities shall be
screened along, side and rear lot lines, with a solid wall or fence
or other hardscape or landscape, a minimum of four feet and a maximum
of six feet in height.
(5)
An additional buffer of 10 feet shall
be provided along lot lines adjacent to residential, agricultural
and open space uses and zoning districts.
(6)
Speakers used for ordering and other
service shall be located so as not to disturb or interfere with the
use of neighboring properties, considering such property's type of
use (e.g., industrial, commercial, institutional, residential, etc.).
(7)
The site shall otherwise comply with
landscaping requirements of these regulations. The landscaping standards
do not apply to drive-through facilities within multitenant retail
centers where the drive-through use does not abut lot lines.
(8)
No drive-through facility shall be
located in any front yard. Entrances to a drive-through facility shall
be offset at least 150 feet from an intersection. No drive-through
lane shall exit directly onto a street.
(9)
Drive-through lanes shall be delineated
from traffic lanes and parking areas with striping, curbing, landscaping
and/or the use of alternative paving material. Where pedestrians will
intersect with a drive-through lane, crosswalks shall be provided,
making use of striping and/or alternative paving material.
(10)
Adequate directional and warning
signs shall be provided to assure smooth traffic circulation and pedestrian
safety, including marking entrances, exits and one-way lanes of drive-through
areas. The placement of all directional signage shall be subject to
review and approval under the provisions of these regulations.
(11)
Menu boards or other informational
boards shall face away from public rights-of-way. All lighting associated
with menu boards, window service areas or travel lanes shall be directed
and shielded so as to prevent any glare or reflection on adjoining
streets or property. The placement of all informational signage shall
also be subject to review and approval under the provisions of these
regulations.
(k)
Drug
or Alcohol Rehabilitation Facility.
(1)
Such facilities shall meet all federal,
state and local requirements, including, but not limited to, licensing,
health, safety and building code requirements.
(2)
A copy of the state license shall
be visible at all times.
(3)
When located in a nonresidential
district, the building shall be designed with a lobby entrance along
the primary frontage.
(l)
Educational
Institutions.
(1)
The applicant shall provide proof
of state licensing as required.
(2)
The site shall otherwise comply with
landscaping requirements of these regulations.
(3)
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 or extend into the street.
(4)
A traffic impact analysis shall be
required that includes an analysis of drop off and pick up capacity
and operations.
(n)
Group
Quarters, Short-Term Rentals and Lodging.
(1)
All short-term rentals must be owner-occupied
at least six months per year.
(2)
If the building had been built as
a dwelling, the exterior shall maintain its original appearance as
a dwelling.
(3)
Cooking facilities are prohibited
in guest rooms.
(4)
If meals are provided, only registered
guests may be served.
(5)
Leasing of a common dining area for
social events is prohibited.
(6)
Guest stays are limited to a maximum
of 14 consecutive days.
(7)
Minimum on-site parking shall be
one parking space per guest room.
(8)
No more than two individuals per
bedroom shall be allowed.
(o)
Marijuana
Facilities - Retail Sales. Medical Use, and/or Compassion Centers.
(1)
No marijuana establishment shall
be combined with residential use of property.
(2)
All operations shall take place within
a permanent building and shall not be visible from the exterior of
the building.
(3)
No marijuana facility that dispenses
marijuana or marijuana-related products shall have a gross floor area
of more than 3,000 square feet.
(4)
Hours of operation shall not be outside
the hours of 8:00 a.m. through 10:00 p.m.
(5)
No drive-through service shall be
permitted for a marijuana facility.
(6)
No outside storage of marijuana,
related supplies, or promotional materials shall be permitted.
(7)
Marijuana facilities shall be ventilated
in such a manner that:
a.
No pesticides, insecticides, or other chemicals or products used
in the cultivation or processing of marijuana are dispersed into the
outside atmosphere; and
b.
No odor from marijuana or its processing can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the marijuana facility, or any adjoining use of property. An odor
control plan shall be submitted that provides for adequate ventilation,
detailing the specific odor-emitting activities or processes to be
conducted on site, the source of those odors, the locations from which
they are emitted from the facility, the frequency of such odor-emitting
activities, the duration of such odor-emitting activities, and the
administrative and engineering controls that will be implemented to
control such odors, including maintenance of such control.
(8)
A security plan including information relating to alarms, fencing,
gates, limited access areas, delivery procedure, police details and
video and lighting locations. The security plan shall show the arrangement
of pedestrian circulation and access to the public points of entry
to the premises from the nearest public street or off-street parking
area. The security plan must be approved by the Chief of Police or
his/her designee and updates shall be submitted to and approved by
the Chief of Police or his/her designee. To the maximum extent possible,
the security plan and any updates shall be deemed confidential documents.
(10)
That the exterior appearance of the
structure will be consistent with the exterior appearance of structures
already constructed or under construction within the immediate neighborhood,
to prevent blight or deterioration, or substantial diminishment or
impairment of property values within the neighborhood.
(11)
Lighting shall be required such that
it will illuminate the compassion center, its immediate surrounding
area, any accessory uses including storage areas, the parking lot(s),
its front facade, and any adjoining public sidewalk. Wherever possible,
lighting shall be directed straight downward and full-cutoff fixtures
shall be used in order to prevent glare or light trespass.
(12)
The property shall be at least 3/4
mile from the property line of another marijuana facility and at least
1,000 feet from a pre-existing public or private school.
(p)
Materials Processing Centers.
(1)
The materials processing area shall
be completely enclosed along all lot lines by an opaque fence a minimum
of four feet and a maximum of six feet in height, including ingress
and egress. Where buildings are proposed, they should be located along
the street frontage, meeting setback requirements. Otherwise, screening
the operation from the street, which may include fences, tall vegetation,
or walls along the front is required.
(2)
The use shall be screened along interior
side and rear lot lines with a solid fence or wall, a minimum of four
feet and a maximum of six feet in height.
(3)
Where the use abuts a residential
use or zoning district, the fence shall be set back a minimum of 20
feet from each such lot line abutting a residential use or zoning
district.
(q)
Outdoor
Dining.
(1)
The seating area may only be established
adjacent to the business with which the outdoor area is associated,
as shown on a submitted site plan drawn to scale that shows the delineated
area of the proposed outdoor seating area, including the location
and placement of tables, seats, planters, awnings, umbrellas, and
the business's entrance and windows.
(2)
If proposed in front of an adjacent
business, the applicant must receive written permission from the adjacent
business.
(3)
Outdoor seating areas must be separated
from parking areas with a physical barrier to contain and define the
outdoor seating area, as approved by the Chief of Police or his/her
designee.
(4)
Parking requirements shall be increased
accordingly to include the outdoor seating.
(r)
Parking
Structures and Lots.
(1)
Parking Structure.
a.
On the ground floor facade along public streets where parking spaces
are visible, a decorative fence and landscape or a kneewall is required
to screen parking spaces. Fence or kneewall shall be a minimum of
four feet in height.
b.
For parking structures with rooftop
open-air parking, a minimum four-foot parapet wall is required for
screening of parked vehicles.
c.
Where parking structures front on
public streets, facade design and screening shall mask the interior
circulation ramps and create the illusion of horizontality along the
street.
(2)
Parking Lot.
a.
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.
b.
Only structures for the shelter of
attendants or for payment kiosks shall be permitted in a parking lot.
Shelters or kiosks shall not exceed eight feet in height and 36 square
feet in area.
d.
Parking lots shall not exceed 80% impervious surface.
(t)
Small hydroelectric generation facilities
(see Article 18-7).
(u)
Solar
energy systems (see Article 18-8).
(v)
Veterinarian
and Animal Hospital: Kennel and Nonagricultural.
(1)
Exterior exercise areas shall be located in the interior side or
rear yard and shall be completely enclosed along all lot lines by
an opaque fence a minimum of six feet high and a maximum of eight
feet high, including ingress and egress.
(2)
Where the use abuts a residential,
agricultural or open space use or zoning district, the fence shall
be set back a minimum of 20 feet from each such lot line abutting
a residential, agricultural or open space use or zoning district.
(3)
All overnight boarding operations
shall be located indoors.
(4)
All animal care and/or kennel facilities
shall have a valid municipal license.
[1]
Editor's Note: This ordinance also repealed former §
18-3, Granting of a special use permit, adopted by Ord. No. 08-31, 10-7-2009, and
redesignated former §§ 18-4 through 18-7 as §§ 18-3
through 18-6, and former § 18-9 as § 18-7, respectively.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
(a)
In applications for relief from the literal
dimensional requirements of this appendix as contained in Article
5 involving the construction, alteration, or structural modification
of a structure or lot of record, the Zoning Officer shall be authorized
to grant approval in the form of a modification permit. Such modification
shall not exceed 15% of any dimensional requirement specified in this
appendix.
(b)
Suitability Determination. Within 10 days
of receipt of a request for a modification, the Zoning Officer shall
make a decision as to the suitability of the requested modification,
based on the following:
(1)
The modification requested is reasonably
necessary for the full enjoyment of the permitted use;
(2)
If the modification is granted, neighboring
property will neither be substantially injured nor its appropriate
uses substantially impaired;
(3)
The modification requested does not
violate any rules or regulations with respect to freshwater wetlands;
(4)
The modification requested does not
require a variance of a flood hazard requirement, unless the building
is built in accordance with applicable regulations.
(c)
In the case of a modification of 5% or
less, the Zoning Officer shall have the authority to issue a permit
approving the modification without any public notice requirements.
All other provisions of this section shall apply to such administrative
modification applications.
(d)
In the case of a modification greater than
5%, the Zoning Officer shall notify, by first class mail, all property
owners abutting the property which is the subject of the modification
request, and shall indicate the street address of the subject property
in the notice, and shall publish notice in a newspaper of local circulation
within the Town of Cumberland that the modification will be granted
unless written objection is received within 14 days. If a written
objection is received within 14 days of the public notice, the request
for a modification shall be scheduled for the next available hearing
before the Zoning Board of Review on application for a dimensional
variance, following the standard procedures for such variances, including
notice requirements provided for under this appendix. If no such written
objection is received within 14 days, the Zoning Officer shall grant
the modification, and in granting, may apply such special conditions
to the permit as may, in the opinion of the Officer, be required to
conform to the intent and purposes of this appendix.
(e)
The Zoning Officer shall keep public records
of all requests for modifications, and of findings, determinations,
special conditions, and any objections received.
(f)
Costs of any notice required under this
section shall be borne by the applicant requesting the modification.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
In granting a variance or special
use permit, or in making any determination upon which it is required
to pass after public hearing under this appendix, the Board may apply
such special conditions that may, in the opinion of the board, be
required to promote the intent and purposes of the comprehensive plan
of the Town and this appendix. Failure to abide by any special conditions
attached to a grant shall constitute a zoning violation. Such 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:
(a)
Minimizing adverse impact of the development
upon other land, including the type, intensity, design, and performance
of activities;
(b)
Controlling the sequence of development,
including when it must be commenced and completed;
(c)
Controlling the duration of use or development
and the time within which any temporary structure must be removed;
(d)
Assuring satisfactory installation and
maintenance of required public improvements;
(e)
Designating the exact location and nature
of development; and
(f)
Establishing detailed records by submission
of drawings, maps, plats, or specifications.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
Any variance or special use permit
shall expire one year after the date of the filing of the resolution
with the Town Clerk unless the applicant shall, within one year, obtain
a legal building permit and proceed with the construction; or obtain
a certificate of occupancy when no legal building permit is required.
Variances and special use permits obtained through unified development
review. The board may, upon written request and for cause shown prior
to the expiration of the initial one-year period, renew the variance
or special use permit for a second one-year period. Said request for
an extension need not be advertised.
Should an applicant fail to begin
construction with a legal building permit, or obtain a certificate
of occupancy within the second one-year period, the board may upon
written request prior to the expiration of the second one-year period,
renew the variance or special use permit for a third one-year period
provided that the applicant can demonstrate due diligence in proceeding
and substantial financial commitment in promoting the subject of the
variance or special use permit since the date of the filing of the
resolution, and notice shall be given in accordance with Section 18-1(c)
and a hearing shall be held on the request the granting of the variance
or special use permit shall be null and void, and any further request
for such relief shall require the submittal of a new application with
notice given and a hearing held in accordance with Section 18-1(c).
Notwithstanding this provision, in
the event an applicant receives extensions from the Planning Board,
in conjunction with development approvals, variances and special use
permits granted by the Board, shall expire on the date such Planning
Board approvals expire.
None of the year periods shall run
during the pendency of any superior court actions seeking to overturn
the grant.
[Added 2-6-2019 by Ord.
No. 18-25A; amended 12-6-2023 by Ord. No. 23-26]
(a)
FEDERAL ENERGY REGULATORY COMMISSION
GRID-INTERCONNECTED FACILITY
HYDROELECTRIC GENERATION
HYDROELECTRIC GENERATION FACILITY ("FACILITY")
LOW IMPACT OR "RUN-OF-RIVER" HYDROELECTRIC GENERATION FACILITY
NAMEPLATE CAPACITY
PUBLIC DRINKING WATER SUPPLY
SMALL HYDROELECTRIC GENERATION FACILITY
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
The federal commission within the United States Department
of Energy that is authorized under the Federal Power Act[1] to issue hydroelectric generation licenses using or affecting
Waters of the United States.
A facility that is connected to an electric circuit served
by an electric utility.
Converting the power potential of flowing water to kinetic
energy for the purpose of generating electricity. The most common
type of hydroelectric generation facility uses a dam on a river, which
impounds water.
Any facility using the power potential of flowing water over
a dam to generate electricity.
A facility that produces electricity without the storage
of water, where inflow to the facility equals outflow from the facility
at all times and where water levels are not drawn down for the purpose
of generating power.
The maximum output of electric power production of the hydroelectric
generation facility, commonly expressed in megawatts (MW) or kilowatts
(KW).
The source of surface water for a public drinking water supplier.
Any low impact or "run-of-river" hydroelectric generation
facility using the power potential of flowing water over a dam to
generate electricity with a total installed nameplate capacity of
2.0 MW or less. No facility shall be constructed, installed, or modified
without first obtaining a license pursuant to the requirements of
the Federal Power Act issued by the Federal Energy Regulatory Commission.
[1]
Editor's Note: See 16 U.S.C. AA 791 et seq.
(b)
No
small hydroelectric generation facility shall be constructed on a
public drinking water supply in the Town of Cumberland, as depicted
on the Rhode Island Department of Environmental Management Environmental
Resource Map.
(c)
Building
Permit. No facility shall be constructed, installed, or modified without
first obtaining a building permit and shall be subject to periodic
inspections as deemed necessary by the Building Official.
(d)
Major
Land Development Project. No facility shall be constructed, installed,
or modified without first obtaining approval from the Planning Board
for a major land development project in accordance with the Land Development
and Subdivision Regulations.[2]
[2]
Editor's Note: See Appendix A, Land Development
and Subdivision Regulations.
(e)
Special
Use Permit. No facility shall be constructed, installed, or modified
without first obtaining a special use permit from the Zoning Board
of Review. In addition to other requirements of this article, the
following design and operation standards shall be met in order to
meet the requirements of a special use permit.
(1)
Site control. The facility proponent shall submit documentation of
actual or prospective access and control of the facility site sufficient
to allow for the construction and operation of the proposed facility.
(2)
Operation and maintenance plan. The facility proponent shall submit
a plan for the operation and maintenance of the facility, which shall
include measures for maintaining safe access to the facility, stormwater
controls, as well as general procedures for operational maintenance
of the facility
(3)
Utility notification. No grid-interconnected facility shall be constructed
until evidence has been given to the Planning Department that the
facility proponent has submitted notification to the utility company
of the intent to construct and operate an interconnected generation
facility.
(4)
Lighting. Lighting of small hydroelectric generation facilities shall
be consistent with local, state, and federal law. Lighting of other
parts of the installation, such as appurtenant structures, shall be
limited to that required for safety and operational purposes and shall
be reasonably shielded from abutting properties.
(5)
Noise. Noise levels generated by small hydroelectric generation facilities
shall be consistent with federal and state law and shall comply with
the ambient noise level thresholds prescribed by the Town of Cumberland
Code of Ordinances.
(6)
Signage. Signs on small hydroelectric generation facilities shall
comply with the Town of Cumberland Zoning Ordinance. Signs shall display
identification of the owner or operator of the facility and a twenty-four-hour
emergency contact telephone number.
(7)
Security. Small hydroelectric generation facilities shall, at a minimum,
comply with federal law and any specific requirements prescribed by
the Federal Energy Regulatory Commission. The Town of Cumberland may
require additional security measures which are not inconsistent with
the requirements prescribed by the Federal Energy Regulatory Commission.
(8)
Emergency services. All means of shutting down the facility shall
be clearly marked. The facility owner or operator shall:
(9)
Land clearing. Clearing of natural vegetation shall be limited to
what is necessary for the construction, operation, and maintenance
of the facility or otherwise prescribed by applicable laws, regulations,
and bylaws/ordinances.
(10)
Monitoring and maintenance: small
hydroelectric generation facility conditions. The facility owner or
operator shall maintain the facility in accordance with the requirements
of the federal hydroelectric generation license issued by the Federal
Energy Regulatory Commission. In addition, maintenance shall include,
but not be limited to, painting, structural repairs, and integrity
of security measures. Site access shall be maintained to a level acceptable
to the local Fire Chief, Emergency Management Director, and emergency
medical services. The owner or operator shall be responsible for the
cost of maintaining the facility and any access road(s), unless accepted
as a public way.
(11)
Financial surety. The facility proponent
shall be required to provide a form of surety, either through escrow
account, bond, or otherwise, to cover the cost of decommissioning
and removing the facility at the end of the federal hydroelectric
license term and for restoring the landscape, in an amount and form
determined to be reasonable by the Planning Board and subject to review
by the Town Solicitor.
[Added 10-5-2016 by Ord.
No. 16-19; amended 2-15-2017 by Ord. No. 17-01A; 6-5-2019 by Ord. No. 19-09A; 1-15-2020 by Ord. No. 19-34A; 12-6-2023 by Ord. No. 23-26]
(a)
PHOTOVOLTAIC SYSTEM
RATED NAMEPLATE CAPACITY
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, ACTIVE
SOLAR ENERGY SYSTEM, COVERED PARKING
SOLAR ENERGY SYSTEM, GRID-INTERTIE
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
SOLAR ENERGY SYSTEM, MAJOR
SOLAR ENERGY SYSTEM, MEDIUM
SOLAR ENERGY SYSTEM, MINOR
SOLAR ENERGY SYSTEM, OFF-GRID
SOLAR ENERGY SYSTEM, PASSIVE
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
An active solar energy system that converts solar energy
directly into electricity.
The maximum rated output of electric power production of
the photovoltaic system in watts of alternating current (AC).
The access of a solar energy system to direct sunlight.
A device, structure or part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device or specific-use structural design feature, a substantial
purpose of which is to provide for the collection, storage, and distribution
of solar energy for space heating or cooling, electricity generation,
or water heating.
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
An active solar energy system that is structurally mounted
to the ground yet additionally maintains a permanent function to park
vehicles under; may be of any size (minor, medium, or major scale).
A photovoltaic system that is connected to an electric circuit
served by an electric utility.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size (minor,
medium, or major scale).
An active solar energy system that occupies more than 40,000
square feet of surface area, including inter-row and panel/collector
spacing or has a rated nameplate capacity 250kW AC or greater.
An active solar energy system that occupies more than 1,750
square feet but less than 40,000 square feet of surface area, including
inter-row and panel/collector spacing or has a rated nameplate capacity
25-250kW AC.
An active solar energy system that occupies 1,750 square
feet of surface area or less, inter-row and panel/collector spacing
or has a rated nameplate capacity 25kW AC or less.
A photovoltaic system in which the circuits energized by
the solar energy system are not electrically connected in any way
to electric circuits that are served by an electric utility.
A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy
via a heat exchange.
An active solar energy system that is structurally mounted
to, or structurally ballasted on the roof of, a building or structure;
includes solar shingles; may be of any size (minor, medium, or major
scale).
(b)
Building
Permit. No solar energy system shall be constructed, installed or
modified without first obtaining a building permit and shall be subject
to periodic inspections as deemed necessary by the Building Official.
(c)
Dimensional
Regulations Ground-Mounted Solar Energy Systems.
(1)
The maximum height of a ground-mounted solar energy system shall
be 12 feet, with the exception of solar covered parking structures
which shall have a maximum height of 18 feet from the ground, as measured
from the pre-development lot grade at the location of the panel. The
height shall be measured from the ground level or the base of the
system's pedestal to the highest point of the solar energy system,
including the top of any support structure or panel.
(2)
Setbacks. Small- and medium-scale ground-mounted solar energy systems
that are accessory to a primary building or structure on a lot are
provided with more flexible setback requirements than those that would
typically apply to a primary structure. Whenever a solar energy system
is sited as a principal structure on a lot, the setback requirements
for principal structures in that zoning district apply.
a.
Minor ground-mounted solar energy systems accessory to principal
structures may be located no closer than 1/2 of the setback that would
otherwise apply or 20 feet from the front, side, or rear site lines,
whichever is greater. Medium-scale ground-mounted solar installations
should maintain the same setbacks as accessory structures.
(3)
Lot coverage. Major and medium ground-mounted solar installations
shall cover no greater that 20% of a lot of contiguous lots in common
ownership. In Industrial-2 ("I-2") Zoning Districts, for lots over
10 acres in size, up to 30% of lot coverage is allowed, including
areas where trees and/or vegetation have been disturbed and/or removed
previous to the enactment of this article. In no event shall any ground-mounted
solar installation on any lot or contiguous lots in the same or related
ownership exceed 10 acres of land determined by lot coverage as set
forth above. The term "lot coverage," for the purpose of this section
only, shall mean only the area of land physically covered by solar
panels and accessory buildings, but shall not include any area or
spaces between solar panels. Trees and/or vegetation shall, for purposes
of this section only, mean trees with a twenty-four-inch diameter
at breast height measured 4.5 feet above the ground minimum.
(4)
Solar energy systems with grass or
another pervious surface under them are exempt from impervious surface
calculations. If the area is paved or otherwise rendered impervious,
then it counts towards any coverage or impervious surface limit. This
exemption is not intended to apply to municipal stormwater regulations,
as the panels could have the effect of altering volume, velocity,
and discharge pattern of stormwater runoff.
(5)
Emergency access as approved by the
Fire Department.
(6)
The applicant shall commission and
submit at the time of building permit application a wildlife assessment
(impact study), conducted by a qualified wildlife expert having no
less than five years of experience conducting wildlife assessments,
indicating possible risks to local wildlife, habitat, and migratory
birds. Additionally, the applicant's wildlife Dimensional/Design Regulations:
Roof-Mounted Solar Energy Systems.expert shall also develop a mitigation
plan, if applicable, that addresses/mitigates any risk to wildlife,
migratory birds, and affiliated habitat.
(d)
Dimensional/Design
Regulations: Roof-Mounted Solar Energy Systems.
(1)
Photovoltaic roofing shingles or tiles are preferred and may be directly
applied to the roof surface. With such shingle or tile installation
a standard red rectangle sign stating "photovoltaic power source"
shall be mounted to the area of the electric meter, and a disconnect
accessible from the ground shall be installed in this same area.
(2)
Solar devices shall be considered
part of the overall design of the structure. Color, shape and proportions
of the solar devices should not conflict with the shape and proportions
of the roof.
(3)
Rooftop solar energy systems must
not increase the footprint of the structure, and must not extend within
four feet of any edge of a roof surface.
(4)
Flat roofs. Set solar devices back
from the edge and/or behind architectural features to be minimally
visible. Panels and devices may be set at a pitch and elevated, if
not visible from public streets.
(5)
Pitched roofs. Unless there is no
other viable alternative, locate solar panels away from public view
so as to not change the character of the building. The system must
be parallel to the roofline. Otherwise, location on a primary or street-facing
roof plane is not allowed.
(e)
Major
Solar Energy Systems. Proposals for major solar energy systems and
ground-mounted medium solar energy systems shall be required to comply
with the requirements for major land development review under the
provisions of AA 5-F of the Cumberland Land Development and Subdivision
Regulations.tems.
(f)
Design
and Operation Standards: Major and Medium Solar Energy Systems.
(1)
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for the construction and operation of the proposed energy
system.
(2)
Operation and maintenance plan. The
project proponent shall submit a plan for the operation and maintenance
of the large-scale ground-mounted solar energy system, which shall
include measures for maintaining safe access to the installation,
stormwater controls, as well as general procedures for operational
maintenance of the installation.
(3)
Utility notification. No grid-intertie
photovoltaic system shall be installed until evidence has been given
to the Planning Department that the owner has submitted notification
to the utility company of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems are exempt from this requirement.
(4)
Lighting. Lighting of solar energy systems shall be consistent with
local, state, and federal law. Lighting of other parts of the installation,
such as appurtenant structures, shall be limited to that required
for safety and operational purposes, and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar energy
system shall be directed downward and shall incorporate full cut-off
fixtures to reduce light pollution.
(5)
Screening. With the exception of
roof-mounted structures, installations shall plant and properly maintain
a twenty-foot-wide vegetated buffer surrounding the perimeter of the
installation, consisting of plantings designed to screen the installation
but not impede its solar energy capture efficiency. For major solar
installations a vegetated buffer plan prepared by a registered landscape
architect shall be included with the development application. The
vegetative buffer shall consist of plants from the Rhode Island native
plant database. All major installations shall be set back at least
50 feet from every boundary line. The twenty-foot buffer shall not
begin until the fifty-foot buffer has been met.
(6)
Signage. Signs on solar energy systems
shall comply with a municipality's sign ordinance. A sign consistent
with a municipality's sign ordinance shall be required to identify
the owner and provide a twenty-four-hour emergency contact phone number.
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the solar energy system.
(7)
Security. With the exception of roof-mounted
structures, a fence shall surround the perimeter of the installation
of no less than seven and no more than 10 feet in height to prevent
unauthorized access with bottom of the fence being elevated at least
16 inches rise from the ground to provide for wildlife access.
(8)
Utility connections. With the exception
of roof-mounted structures, reasonable efforts, as determined by the
Planning Department, shall be made to place utility connections from
the solar photovoltaic installation underground, depending on appropriate
soil conditions, shape, and topography of the site and any requirements
of the utility provider.
(9)
Emergency services. All means of
shutting down the solar energy system shall be clearly marked. For
major and medium solar installations:
a.
The solar energy system owner or operator shall provide a copy of
the project summary, electrical schematic, and site plan to the local
Fire Chief.
b.
Upon request, the owner or operator
shall cooperate with the local emergency services in developing an
emergency response plan.
c.
Upon request, the owner or operator
shall cooperate with the local emergency services to conduct a basic
on-site safety and operational training.
d.
The owner or operator shall identify
a responsible person for public inquiries throughout the life of the
installation.
(10)
Land clearing, soil erosion and habitat impacts. With the exception
of roof-mounted structures, forested areas shall not be cleared for
the purpose of installing solar installations. Otherwise clearing
of natural vegetation shall be limited to what is necessary for the
construction, operation, and maintenance of solar energy system or
otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.
The disturbance and removal of topsoil from the site shall be limited
to those areas that are required for the installation of the proposed
solar energy system. The permitting authority may give priority to
proposed solar projects that utilize existing cleared land or those
which minimize the impact on forest and habitat.
(11)
Monitoring and maintenance: solar
energy system installation conditions. The solar energy system owner
or operator shall maintain the facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
and integrity of security measures. Site access shall be maintained
to a level acceptable to the local Fire Chief, Emergency Management
Director, and emergency medical services. The owner or operator shall
be responsible for the cost of maintaining the solar energy system
and any access road(s), unless accepted as a public way.
(12)
Modifications. All material modifications
to a solar energy system made after issuance of the required building
permit shall require approval by the Planning Department.
(13)
Financial surety. With the exception
of roof-mounted structures, applicants proposing to develop major
and medium solar photovoltaic projects may be required to provide
a form of surety, either through escrow account, bond or otherwise,
to cover the cost of removal in the event the Town must remove the
facility and restore the landscape, in an amount and form determined
to be reasonable by the Board (and subject to the review of the Town
Solicitor), and/or as agreed to and detailed in the site lease agreements.
As part of the review for the lease agreements, the applicant shall
submit a fully inclusive estimate of the costs associated with removal.
The amount shall include a mechanism for calculating increased removal
costs due to inflation and any expected salvage or resale value. Such
surety will not be required for municipally or state-owned facilities.
(14)
Removal requirements. With the exception of roof-mounted structures,
any major or medium solar energy system that has reached the end of
its useful life or has been abandoned shall be removed. Reusable components
are to be recycled whenever feasible. The owner or operator shall
physically remove the facility no more than 180 days after the date
of discontinued operations. The owner or operator shall notify the
Board by certified mail of the proposed date of discontinued operations
and plans for removal. Decommissioning shall consist of:
a.
Physical removal of all large-scale
ground-mounted solar energy systems, structures, equipment and security
from the site.
b.
Disposal of all solid and hazardous
waste in accordance with local, state, and federal waste disposal
regulations.
c.
Stabilization or revegetation of
the site as necessary to minimize erosion. The Board may allow the
owner or operator to leave landscaping or designated below-grade foundations
in order to minimize erosion and disruption to vegetation.
(15)
Abandonment. With the exception of roof-mounted structures, absent
notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the solar energy system shall be considered
abandoned when it fails to operate for more than one year without
the written consent of the Town Council and Planning Board as it relates
to the land development project approval. If the owner or operator
of major and medium solar energy systems fails to remove the facility
in accordance with the requirements of this section within 150 days
of either abandonment or the proposed date of decommissioning, the
Town may physically remove the facility, without further notice.
