[1]
Editor's Note: The Table of Uses for §§ 260-8 through 260-19 is included as an attachment to this chapter.
[Amended 2-18-2020 by Ord. No. 2019-11; 12-19-2023 by Ord. No. 2023-12]
A. 
Includes livestock for food production, fish and fowl, and raising of cattle and hens for purposes of producing milk and eggs; but not including apparatus for food processing of these products, nor animals for scientific or laboratory testing. No wholesale or retail sales except as permitted in subsection § 260-8E.
B. 
Includes breeding of livestock for food production, pets, fish, racehorses and/or fowl. Farmhouse and storage of farm-related equipment are allowable accessory uses.
C. 
Includes raising of vegetables, fruit, hay, sod, trees, flowers, plants and similar crops commonly used for household consumption; but not including food processing, canning and baking.
D. 
Includes the raising and sale of flowers, trees and plants used for decoration and landscaping.
E. 
Includes farm stands, limited to food, trees, flowers, plants, and similar crops. *Subject to location approval by Zoning Board of Review.
F. 
Includes land located in a non-residential zone for cultivation of marijuana by two or more cardholders.
G. 
Includes land located in a residential zone for cultivation of marijuana by two or more cardholders.
H. 
Includes marijuana cultivated by a single registered cardholder within his/her residential dwelling for medical use only.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 3-18-2008 by Ord. No. 07-19; 9-15-2015 by Ord. No. 2015-10; 7-26-2022 by Ord. No. 2022-4; 12-19-2023 by Ord. No. 2023-12]
A. 
One dwelling unit or household unit as defined in this chapter. There shall be no more than one main residential building on any one lot.
(1) 
** A special use permit for this use in a CR-1 Zone shall be constrained so that development of the site for residential use is limited to RA-40 dimensional requirements.
B. 
Two dwelling units or household units as defined in this chapter, including semi-detached structures. There shall be no more than one main residential building on any one lot.
C. 
Three or more dwelling units or household units.
D. 
A facility offering temporary lodging and breakfast. The facility shall not have more than five units for temporary lodging. Cooking on premises is allowed for guests only, not open to general public.
E. 
Includes hotels, motels, and bed and breakfasts with more than five units but less than 26 units. Cooking on premises is allowed for guests only, not open to general public.
F. 
Includes hotels and motels. Cooking on premises is allowed for guests only, not open to public.
G. 
The use or storage of one or more residential mobile homes, mobile home parks, and trailer parks. In the case of fire or other acts of God resulting in severe damage to a building, a mobile home may be used as temporary housing while necessary repairs are conducted to make the damaged structure usable, and in no case shall the mobile home remain on site for more than one year. This does not exclude a property owner, in a residential district, from storing one recreational camper/mobile home as long as it is not used for living/sleeping space.
H. 
As defined in R.I.G.L. § 45-24-31(15), and this chapter: A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following: a) Whenever six or fewer children or adults with developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws. All requirements pertaining to local zoning are waived for these community residences; b) A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws; c) A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to Chapter 72.1 of Title 42 of the Rhode Island General Laws; d) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
I. 
Includes retirement home, home for aged, extended care, and convalescent housing.
J. 
Home day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care as licensed by the State of Rhode Island and local fire marshal.
K. 
Customary home occupation performed by the occupant and using no more than 400 square feet of floor area, providing such activity shall not be visible from a lot line and that there is no exterior advertising. A customary home occupation must have no employees except members of the family living on the premises. The use shall not result in a noticeable increase in parking or vehicular traffic, nor shall it adversely impact the surrounding area.
L. 
Accessory dwelling unit (ADU): A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.
(1) 
The Town shall not impose any excessive restrictions on ADUs. More specifically, the Town shall not:
(a) 
Restrict tenants based on familial relationship or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;
(b) 
Charge unique or unreasonable application fees for the creation of an ADU;
(c) 
Require infrastructure improvements, including, but not limited to, separate water or sewer service lines or expanded septic system capacity; provided, however, municipalities may require modification required for compliance under state law or regulation;
(d) 
Discriminate against populations protected under state and federal fair housing laws;
(e) 
Impose unreasonable dimensional requirements on ADUs that effectively preclude their development or utilization;
(f) 
Require a larger minimum lot size for a property with an ADU over that required for a property without an ADU in the same zone;
(g) 
Require more than one parking space beyond what is already required for the primary use; or
(h) 
Limit ADUs to lots with preexisting homes; provided, a municipality shall allow ADUs as part of applications for new primary dwelling units or subdivisions.
(2) 
Additional zoning provisions for applications for accessory dwelling units.
(a) 
Applications for accessory dwelling units (ADUs) that are not part of a larger development proposal shall be reviewed through an administrative officer or development plan review process. They shall not, by themselves, be reviewed as minor land development, major land development, or special use permits.
(b) 
ADUs shall be a permitted use in any residential district with a minimum lot size of 20,000 square feet or more, and where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure.
M. 
Senior residential communities: A senior residential community is a community of single-family residential dwelling units or attached multifamily dwelling units with respect to which the following conditions are applicable: the community shall contain a minimum of five acres of lot area with a total density that shall not exceed 15 dwelling units per acre of lot area, the maximum percentage of lot building coverage shall be 35%. In addition to the requirements set forth in Article XI, Special Use Permits, all proposed senior residential community projects shall specifically address and include written evidence for the record of meeting the requirements set forth in Article XII, Special Conditions, occupancy is limited to require that at least 80% of the occupied units must be occupied by at least one person 55 years of age and older. Moreover, no person 18 years of age and younger may be a permanent resident of any unit. Notwithstanding anything to the contrary in the foregoing, individuals with handicaps are permitted as residents in the community.
N. 
Mixed use: A combination of residential and commercial uses located on one lot. There shall be no more than one main building on any one lot.
O. 
** Temporary lodging, 26 or more rooms in a CR2 zoning district; such a use is allowed by right as an accessory to a State licensed casino gaming and entertainment facility, so long as it is subject to review under applicable Town of Lincoln land use regulations.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 12-19-2023 by Ord. No. 2023-12]
A. 
Includes uses owned by government or private groups. This also allows for special charitable events, provided any necessary licensing is obtained.
B. 
Includes public and private courses, miniature golf and Part[??] 3 courses.
C. 
The outdoor display of movies for profit.
D. 
Any type of animal racing or competition, but excluding any form of illegal animal racing or competition. This use is subject to a host community agreement.
E. 
The field and seating for athletic events with an open-air or roofed structure.
F. 
Includes indoor/outdoor recreational and/or competitive skating, other than established by local municipality for public use.
G. 
Outdoor grounds for temporary tent erection for recreational use. Permanent structures in place of tents will be subject to a special use permit.
H. 
Includes canoe and boat launching ramps and docks; bathing beaches or public pools; water parks. Marinas or storage of motorized boats, in the water, shall not be allowed.
I. 
Includes community gardens, forest reserve, wildlife refuge; but not for raising crops for commercial use.
J. 
Includes bowling alleys, indoor playgrounds and athletic activities, arcades, and movie theaters, and other similar forms of indoor recreation not covered elsewhere in the Table of Uses.
K. 
The field and seating for non-athletic recreational events with no structure or an open-air structure.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 2-18-2020 by Ord. No. 2019-11; 12-19-2023 by Ord. No. 2023-12]
A. 
Preschool, elementary through high school and post-secondary educational institution, both private and public, excluding schools owned and operated by the Town of Lincoln. Includes classrooms, office and assembly use, lecture hall, library and other facilities for instructional purposes; laboratory facility for teaching and research; bookstore; gymnasium for athletic events, indoor and outdoor sports facility; cafeteria, dining hall; day-care facility; dormitory; health-care facility.
B. 
Public and private institutions providing instruction and/or training in automotive, construction, metallurgical, chemical, and similar industrial operations.
C. 
Church, synagogue, other places of worship including retreat centers.
D. 
Facility owned and operated by not-for-profit, nongovernmental organization or entity; including nonprofit clubs, civic, social, or fraternal.
E. 
Includes nonprofit library, museum and art gallery.
F. 
Hospital (not animal hospital), medical diagnostic or treatment facility, center for occupational and physical therapy; medical, surgical or psychiatric treatment of disease or disability; whether on an inpatient or outpatient basis; health maintenance organization.
G. 
Facility for the treatment of drug, alcohol or substance abuse.
H. 
Includes use for temporary housing of prisoners and training facilities.
I. 
Includes Town buildings not covered elsewhere in the Table of Uses.
J. 
Cemetery, historic cemetery or memorial park; but not including funeral homes.
K. 
Any type of prison or correctional facility, other than the temporary housing of prisoners at police station or courthouse.
L. 
Federal or state facility housing judicial courts.
M. 
A not-for-profit corporation that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholders.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 12-19-2023 by Ord. No. 2023-12]
A. 
Includes dentist, real estate services, insurance agencies, security and commodity trading, law offices, accounting, architectural, engineering and the administrative functions of a corporation, foundation or association.
(1) 
** A special use permit for such a use in a RG Zone shall be for a use under 2,500 square feet in gross floor area, shall not overly intrude into the residential nature of an area and shall be on in an appropriate location on an appropriate street right-of-way for such a use.
B. 
Includes advertising agency, interior designer, photocopy duplication, mailing services, private employment service, credit reporting and collection.
C. 
Includes commercial banks, savings-and-loan associations, credit unions and other bank-related service, including automated teller machines; but not including a drive-up window.
(1) 
** A special use permit for such a use in a RL Zone shall be for a use under 2,500 square feet in gross floor area, shall not overly intrude into the residential nature of an area and shall be on in an appropriate location on an appropriate street right-of-way for such a use.
D. 
Any use, other than as a restaurant or gasoline service, for which customers drive up for service or purchase of goods or food within their vehicle.
E. 
Professional use by resident of home. This use does not include customary home occupations. (See use § 260-9K.)
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 9-15-2015 by Ord. No. 2015-10; 12-19-2023 by Ord. No. 2023-12]
A. 
Includes business primarily preparing and serving food for consumption either on premises or for take out.
B. 
Includes business primarily preparing and serving food for consumption either on premises or for take out, and may include the preparation and service of liquor; and may have entertainment.
C. 
Restaurant that allows customers to remain in vehicle when ordering and receiving food or products.
D. 
Any establishment used for gambling or gaming excluding greyhound racing, pari-mutuel wagering and/or electronic or mechanical lottery terminals; excepting, however, "casino-type" table games, including but not limited to, blackjack, poker and any and all card games, roulette baccarat and/or dice tables are expressly prohibited unless established by referendum.
E. 
Any business primarily involved with liquor sales and consumption on premises and/or providing live or prerecorded entertainment.
F. 
Manufacturing beer, ale and/or hard cider for on-site retail sales and/or consumption.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 9-15-2009 by Ord. No. 2009-9; 11-24-2009 by Ord. No. 2009-14; 12-19-2023 by Ord. No. 2023-12]
A. 
Includes hair salons, barbers, manicurists, beauty service, tanning salons.
B. 
Includes shoe repair, self-service laundry, drop-off dry cleaning and retail on-site dry cleaning of items dropped off on site.
C. 
Facility and establishment that arranges for and prepares funerals, including preparation of corpses for burial, related ceremonial function rooms.
D. 
Includes the erection of wireless transmitting and receiving antennas, including satellite dish type as accessory uses.
(1) 
** In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties. Any such uses or structures shall be considered "commercial construction" subject to the review of the Area of Planning Concern Review Committee (APC). Recommendation of the APC shall be sought prior to the zoning hearing. The APC hearing shall have complete authority to review compatibility with neighboring land uses and may make recommendations for physical construction. Any person(s) placing a tower structure shall provide a commercially viable bond prior to construction as approved by the Town Solicitor to the Town of Lincoln for the cost of demolition of said structure once its use is abandoned. Any tower structure authorized within the Town shall be removed from the site and regraded to a natural condition within 90 days of abandonment of authorized use.
E. 
Gasoline sales, including alternate fuels, with no service of automobiles, but including the accessory sales of related products.
F. 
Automobile service station, primarily selling gasoline or alternative fuels, also performing automobile repairs.
G. 
Automobile repair shop, including lubrication shops, transmission shops, muffler and brake service and automobile upholstering. Sale of gasoline or alternate fuels is not permitted.
H. 
For storage and breeding of dogs, cats and other household animals.
I. 
Veterinary service and animal hospital.
J. 
Day-care center; or day care in lieu of parental care or supervision is offered at the same time to more than six individuals who are not relatives of the caregiver, or more than a total of eight individuals receiving day care.
K. 
Retail photo-duplication and printing with a gross floor area of less than 5,000 square feet.
L. 
Business providing a supply of food for consumption at a different location.
M. 
Includes an above-grade tower, including self-supporting lattice towers, guy towers or monopole towers or similar structure more than 35 feet in height for communications equipment principally intended for the transmittal or reception of commercial, governmental and related radio, television, microwave, cellular phone and similar telecommunications signals. Monopole-type towers with multiple users, or co-use of existing structures is encouraged, so as to minimize the numbers of towers, to conserve the value of land and buildings in the surrounding area and to minimize visual impacts. Including the accessory buildings, storage facilities and related equipment required for broadcasting and telecommunications towers or any other such equipment necessary for telecommunications antennas.
(1) 
** In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties. Any such uses or structures shall be considered "commercial construction" subject to the review of the Area of Planning Concern Review Committee. Recommendation of the APC shall be sought prior to the zoning hearing. The APC hearing shall have complete authority to review compatibility with neighboring land uses and may make recommendations for physical construction. Camouflage of towers, such as sky blue or tree green paint may be a requirement of the APC. Any person(s) placing a tower structure shall provide a commercially viable bond prior to construction as approved by the Town Solicitor to the Town of Lincoln for the cost of demolition of said structure once its use is abandoned. Any tower structure authorized within the Town shall be removed from the site and regraded to a natural condition within 90 days of abandonment of authorized use.
(2) 
Any applicant for such uses or structures shall submit visual impact data including but not limited to photographic simulations of the proposed facility as it would be seen from residential areas, public rights of way, parks, and other recreational facilities.
(3) 
Any such proposed uses and structures located within the vicinity of historic structures, historic districts or designated scenic corridors shall not be approved unless such proposed uses and structures are so concealed as to be substantially invisible. The views of, and vistas from, such structures, districts or designated scenic corridors shall not be impaired or diminished by the placement of such uses and structures.
(4) 
Any applicant for such uses or structures shall be required to submit evidence that additional users for the proposed new use or structure have been solicited. Evidence shall include, but not be limited to, copies of notices sent by registered mail, return receipt requested, to all other providers of cellular or wireless communications services within the Town of Lincoln and adjacent communities, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing of costs, and requesting a written response within 15 business days. Replies received in response to the notice shall also be submitted as evidence in connection with the application.
(5) 
The required setbacks for such uses or structures shall be no less than 1.5 times the tower height to the nearest property line.
(6) 
No structure housing telecommunications equipment shall exceed 750 square feet in area nor 12 feet in height. All such structures shall be screened with an appropriate landscaped vegetative buffer, and shall be secured with appropriate fencing.
N. 
Includes antennas, towers or similar structures installed on tops of or attached to existing buildings, water tanks or similar facilities if the total height of the tower/structure exceeds 55 feet above grade. Includes the accessory buildings, storage facilities and related equipment required for or any other such equipment necessary for telecommunications antennas that may be attached to or on the facades of buildings or structures.
(1) 
**In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties. Any such uses or structures shall be considered "commercial construction" subject to the review of the Area of Planning Concern Review Committee. Recommendation of the APC shall be sought prior to the zoning hearing. The APC hearing shall have complete authority to review compatibility with neighboring land uses and may make recommendations for physical construction. Any person(s) placing a tower structure shall provide a commercially viable bond as approved by the Town Solicitor to the Town of Lincoln for the cost of demolition of said structure once its use is abandoned. Any tower structure authorized within the Town shall be removed from the site and regraded to a natural condition within 90 days of abandonment of authorized use.
O. 
Includes antennas, equipment or other similar structures installed at or attached to existing towers or similar structures, including the accessory buildings, storage facilities and related equipment required for broadcasting and telecommunications towers or any other such equipment necessary for telecommunications antennas.
(1) 
** In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties. Any such uses or structures shall be considered "commercial construction" subject to the review of the Area of Planning Concern Review Committee. Recommendation of the APC shall be sought prior to the zoning hearing. The APC hearing shall have complete authority to review compatibility with neighboring land uses and may make recommendations for physical construction. Any person(s) placing a tower structure shall provide a commercially viable bond prior to construction as approved by the Town Solicitor to the Town of Lincoln for the cost of demolition of said structure once its use is abandoned. Any tower structure authorized within the Town shall be removed from the site and regraded to a natural condition within 90 days of abandonment of authorized use.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 2-20-2018 by Ord. No. 2017-3; 2-18-2020 by Ord. No. 2019-11; 12-19-2023 by Ord. No. 2023-12]
A. 
Sale of apparel and accessories; household appliances; art supplies; bakeries; books, newspapers and periodicals; camera and photographic supplies; custom tailoring; dairy products; drugstore; fabric store; floor covering retail; florists; fruits and vegetables; gift shop; groceries and delicatessens; hobby shops; home furnishings and equipment; jewelry; office supplies, stationery or art supplies; radio, television, audio/video, computer equipment, videotape sales, service or rental; shoe store; sporting goods; hardware, garden supplies, paint glass, yard equipment. The gross floor area shall not exceed 2,500 square feet.
(1) 
** A special use permit in a RG Zone shall only be issued if the use is found to not intrude into the residential nature of the area and that the use is located on an appropriate street right-of-way.
B. 
Retail sale of newspapers and periodicals; dairy products; fruits and vegetables; groceries and delicatessens; and related convenience items. The gross floor area shall not exceed 2,500 square feet.
(1) 
** A special use permit in a RG Zone shall only be issued if the use is found to not intrude into the residential nature of the area and that the use is located on an appropriate street right-of-way.
C. 
Sale of products and goods with gross floor area of greater than 2,500 square feet.
D. 
Automotive, marine craft, aircraft and accessories for both new and used vehicles.
E. 
Sale of liquor along with products and food related to the consumption of liquor.
F. 
All goods sold are only displayed and stored within a completely enclosed structure. Includes building materials, contractors equipment, durable goods and apparel, electrical, plumbing, heating equipment and supplies; groceries and related products; machinery equipment and supplies.
G. 
Includes building materials, contractors equipment, durable goods and apparel, electrical, plumbing, heating equipment and supplies; groceries and related products; machinery equipment and supplies.
H. 
For short-term rental or lease of automobiles. Also included is the on-site storage of up to 15 cars available for rent or lease (including limousines and taxi-cabs). Does not include trucks or vehicles with a gross vehicle weight over 10,000 pounds.
I. 
Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 12-19-2023 by Ord. No. 2023-12]
A. 
Also includes maintenance, accessory outdoor maintenance and storage.
B. 
Landing area for helicopters; also includes accessory structures for outdoor maintenance and storage.
C. 
Includes truck and trailer rental; public utility service yard, railroad yard, accessory outdoor maintenance and storage.
D. 
Garage or open lot primarily for passenger and/or commercial vehicles. No gasoline service and no automotive repairs. The parking area shall meet the construction requirements of Article V.
E. 
Includes bus or rail passenger terminal, rapid rail transit, accessory indoor maintenance.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 12-19-2023 by Ord. No. 2023-12]
A. 
Commercial storage of sand, gravel, and road salt; including the processing of these materials.
B. 
Includes any short-term storage of scrap or salvage material, including parts and mechanical equipment, which are no longer usable.
C. 
Includes any material, which is potentially flammable or explosive.
(1) 
**The issuance of a special use permit shall be dependent on the placement of suitable protection of surrounding areas and suitable preventive measures taken for storage.
D. 
Includes self-storage and other facilities, which allow storage of goods, products or equipment for the retail consumer located within an enclosed interior structure.
E. 
Includes self-storage and other facilities, which allow storage of goods, products or equipment for the retail consumer located on the exterior space of the parcel.
F. 
Wholesale storage of goods and products for the commercial consumer. This does not include flammable or explosive material. (See use § 260-17C.)
G. 
Reclamation facility, indoor.
H. 
Recycling facility, indoor.
I. 
Temporary storage structures including but not limited to: truck bodies, container boxes, and plastic, fabric, metal, or wood-sheathed structures without plumbing and electricity.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 12-19-2023 by Ord. No. 2023-12]
A. 
Drop-off service allowed as an accessory use.
B. 
Automotive repair and service allowed as accessory uses.
C. 
Does not include wholesale manufacture.
D. 
Cleaning of exterior and/or interior of automobiles and vans, including self-service bays.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 7-30-2013 by Ord. No. 2013-7; 2-20-2018 by Ord. No. 2017-3; 12-19-2023 by Ord. No. 2023-12]
A. 
Includes canning or packaging, beverage manufacturing or bottling; canning and preserving fruits and vegetables.
B. 
Includes rug and carpet weaving; fur goods; woven fabrics, felt, lace, yarn threads, leather; includes dying plants and finishing of textiles. On-site retail sales shall be considered as an accessory use.
C. 
Includes furniture and fixture manufacturing; millwork, veneer, plywood and structural wood products; toys, sporting goods, wooden containers and other articles and merchandise made from wood. Includes repair and refinishing of furniture and wood products. Sale of products made primarily on the premises is allowed as an accessory use.
D. 
Nuclear reactors for generating power or processing of nuclear products; storage of nuclear fuels and other materials; storage, reclaiming or disposal of radioactive waste.
E. 
Excavation of the earth for purpose of extracting metals, ore, coal, salt, sand, gravel and other materials for sale. This use restriction is not meant to interfere with the grading and excavation of land necessary for the construction of a building, structure or infrastructure. These restrictions include strip mining and oil and gas exploration or drilling.
F. 
Industries that research into or produce products related to processes that promote human health diagnostics and therapeutics, agricultural biology, veterinary products, environmental remediation techniques and manufacture of instruments that assist in biological research. Noxious or offensive uses are prohibited.
G. 
Manufacture of articles from metal, wood, stone, glass, clay, ceramic, paper, leather, provided that in a BL-0.5 Zone no more than 2,500 square feet be used, and there be no more than five employees.
H. 
Manufacture of agricultural machinery, communication equipment, computer and business hardware, construction, lighting and wiring equipment, engines, general office and industrial machinery, household appliances, audio and video parts and equipment and metal tools.
I. 
Printing and publishing of books, newspapers and periodicals; printing, binding and publishing; converted paper and paperboard products; industrial printing, including business forms, greeting cards; paperboard containers and boxes.
J. 
Manufacturing or primary use of bleaches, dyes, industrial organic and inorganic chemicals, soaps, detergents, perfumes, cosmetics. Does not include manufacture of chlorine or acid, which is prohibited.
K. 
Includes manufacturing, compounding, assembly or treating articles and merchandise from: brick, tile, cut stone, glass, neon signs and structural clay products. Does not include cement, gypsum, lime or plaster.
L. 
Includes the distillation, manufacture or refining of asphalt, tar, creosote, coal and/or bituminous concrete.
M. 
Brewery or manufacture or distillation of alcohol, other than a microbrewery. (See use § 260-13F.)
N. 
Includes cement, lime, gypsum, plaster of paris processing, storage or manufacture.
O. 
Includes disposal of any hazardous waste whether generated on site or not.
P. 
Slaughter of animals whether for meat production or not. Includes tanning or curing of hides, rendering of fats or oils, wool pulling or scouring or dead animal reduction.
Q. 
Includes smelting of metals and minerals, including blast furnaces.
R. 
Includes production or manufacture of paint, oil, shellac, turpentine, lacquer or varnish.
(1) 
** The issuance of a special use permit shall be contingent on the applicant showing that the use will not emit noxious or offensive odors and must additionally show that an excessive quantity of the product will not be stored on site.
S. 
Includes floor coverings, footwear, sporting goods, toys and novelties and other products made primarily from rubber or plastic; tire manufacturing, tire retreading or tire recapping.
T. 
Glue manufacture.
(1) 
**The issuance of a special use permit shall be contingent on the applicant showing that the use will not emit noxious or offensive odors and must additionally show that an excessive quantity of the product will not be stored on site.
U. 
Manufacturing products derived from petroleum. Includes the refining and distillation of petroleum; including tar distillation.
V. 
Furnace or container for burning of waste materials.
W. 
Generation of electricity as the primary use of the land, including, but not limited, to coal, oil, gas or nuclear plants.
X. 
Cogeneration of electricity as an accessory use of the property.
Y. 
Electronic and computer component recycling.
Z. 
Renewable energy - utility scale facility - means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy-utility scale facility is to provide energy for the commercial facility on which said facility is located or to produce energy solely to off-load electricity to the grid. Any excess energy produced by a commercial facility may be off-loaded to the grid.
(1) 
Solar photovoltaic installation - utility scale facility shall comply with the following:
(a) 
No individual panel within a ground-mounted solar photovoltaic installation shall exceed 15 feet in height, as measured from pre-development lot grade at the location of the panel;
(b) 
All panels and other equipment and structures that are part of the installation shall be set back from all property lines as set forth in § 260-23;
(c) 
A ground-mounted solar photovoltaic installation shall not be subject to the floor to area ratio standard (FAR) as set forth in § 260-23;
(d) 
A roof-mounted solar photovoltaic installation shall not exceed the permitted building height as set forth in § 260-23;
(e) 
A ground-mounted solar photovoltaic installation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.
(2) 
The Zoning Board of Review may not grant a permit or variance unless it finds, in writing, that:
(a) 
The construction of a solar photovoltaic installation - utility scale facility shall be allowed pursuant to this use table if the use complies with all requirements set forth in this chapter. All such facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts;
(b) 
The specific site is an appropriate location for such use;
(c) 
The use will not adversely affect the neighborhood;
(d) 
There will not be any serious hazard to pedestrians or vehicles from the use;
(e) 
No nuisance will be created by the use; and
(f) 
Adequate and appropriate facilities will be provided for the proper operation of the use.
(3) 
Wind energy conversion facility - utility scale shall comply with the following:
(a) 
A wind energy conversion facilities - utility scale located within the vicinity of historic structures, historic districts or designated scenic corridors shall not be approved unless such proposed uses and structures are so concealed as to be substantially invisible. The views of, and vistas from, such structures, districts or designated scenic corridors shall not be impaired or diminished by the placement of such uses and structures.
(b) 
A wind energy conversion facilities - utility scale shall not be subject to the floor to area ratio standard (FAR) as set forth in § 260-23;
(c) 
A wind energy conversion facilities - utility scale shall not exceed the permitted building height as set forth in § 260-23;
(d) 
A wind energy conversion facilities - utility scale shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.
(e) 
Support towers. Monopole towers, rather than lattice or cable-supported towers, are the preferred type of support for wind facilities and shall be used when a support tower is proposed. Lattice or cable-supported towers may only be permitted if it is demonstrated to the satisfaction of the Zoning Board of Review that the use of a monopole tower is impractical.
(f) 
Setbacks. Except for building-mounted facilities, a tower or structure supporting a wind turbine shall be set back a distance equal to at least 1.5 times the height of the highest point of the wind turbine from the nearest occupied building or property line.
(g) 
Color and lighting:
[1] 
All components of the wind facility shall be painted a neutral, non-reflective exterior color designed to blend with the surrounding environment, such as white, light gray or light blue.
[2] 
Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety, security, and operational purposes and shall be reasonably shielded from abutting properties.
(4) 
Special use permit submission requirements:
(a) 
An application for a wind energy conversion facility-utility scale shall submit visual impact data, including but not limited to photographic simulations of the proposed facility as it would be seen from residential areas, public rights-of-way, parks and other recreational facilities.
(b) 
Location of proposed tower with radius map, showing the locations of all appurtenant structures, cables, wires, and access roads.
(c) 
A maintenance and operation plan for the facility.
(d) 
Proof of liability insurance.
(e) 
Approval of the height of the structure from the FAA.
(f) 
A statement certifying that the structure and facilities comply with the noise requirements of this chapter.
(5) 
The Zoning Board of Review may not grant a permit or variance unless it finds, in writing, that:
(a) 
The construction of a wind energy conversion facility-utility scale shall be allowed pursuant to this use table if the use complies with all requirements set forth in this chapter and applicable requirements of the Federal Aviation Administration. All such facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts;
(b) 
The specific site is an appropriate location for such use;
(c) 
The use will not adversely affect the neighborhood;
(d) 
There will not be any serious hazard to pedestrians or vehicles from the use;
(e) 
No nuisance will be created by the use; and
(f) 
Adequate and appropriate facilities will be provided for the proper operation of the use.
AA. 
Renewable energy - residential scale facility - ground mount means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, colling, generating electricity, and reducing on-site consumption of utility power, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy - residential scale facility is to reduce on-site consumption of utility power. A system is considered a residential scale facility only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be off-loaded to the grid. A renewable energy - residential scale facility shall be considered an accessory use to the primary residential use of the property as set forth in § 260-7. A renewable energy - residential scale facility shall only be designed and constructed to produce no more than 125% of the energy necessary to support the primary residential use of the property as set forth in § 260-7. The installation of this facility would be built on the ground.
BB. 
Renewable energy - residential scale facility - roof mount means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, cooling, generating electricity, and reducing on-site consumption of utility power, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy - residential scale facility is to reduce on-site consumption of utility power. A system is considered a residential scale facility only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be off-loaded to the grid. A renewable energy - residential scale facility shall be considered an accessory use to the primary residential use of the property as set forth in § 260-7. A renewable energy - residential scale facility shall only be designed and constructed to produce no more than 125% of the energy necessary to support the primary residential use of the property as set forth in § 260-7. The installation of this facility would be mounted to the roof of the building.
(1) 
Solar photovoltaic installation - residential scale facility shall comply with the following:
(a) 
No individual panel within a ground-mounted solar photovoltaic installation shall exceed 15 feet in height, as measured from pre-development lot grade at the location of the panel;
(b) 
All panels and other equipment and structures that are part of the installation shall be setback from all property lines as set forth in § 260-28B;
(c) 
A ground-mounted solar photovoltaic installation shall not exceed the permitted accessory building height as set forth in § 260-28B;
(d) 
A roof-mounted solar photovoltaic installation shall not exceed the permitted building height as set forth in § 260-23;
(e) 
A ground-mounted solar photovoltaic installation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.
(f) 
A solar photovoltaic installation shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.
(2) 
Wind energy conversion facility - residential scale shall comply with the following:
(a) 
Setbacks. Except for building-mounted facilities, a tower or structure supporting a wind turbine shall be set back a distance equal to at least 1.5 times the height of the highest point of the wind turbine from the nearest occupied building or property line.
(b) 
A ground-mounted wind energy installation shall not be subject to the lot coverage standard as set forth in § 260-22;
(c) 
A ground-mounted wind energy installation shall not exceed the permitted accessory building height as measured from pre-development lot grade at the location of the installation as set forth in § 260-28B;
(d) 
A building-mounted wind energy installation shall not exceed the permitted building height as set forth in § 260-23;
(e) 
A ground-mounted wind energy installation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.
(f) 
Support towers. Monopole towers, rather than lattice or cable-supported towers, are the preferred type of support for wind facilities and shall be used when a support tower is proposed. Lattice or cable-supported towers may only be permitted if it is demonstrated to the satisfaction of the Zoning Board of Review that the use of a monopole tower is impractical.
(g) 
Color and lighting:
[1] 
All components of the wind facility shall be painted a neutral, non-reflective exterior color designed to blend with the surrounding environment, such as white, light gray or light blue.
[2] 
Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety, security, and operational purposes and shall be reasonably shielded from abutting properties.
CC. 
Any manufacturing use not specifically listed in the Use Tables shall be presumptively prohibited, but may be considered as a special use and the provisions of Article XI, Special Use Permits, will apply.
(1) 
** In addition to any other requirements, the applicant will have the burden of showing that the use will not be noxious, nor will emit odors, smoke, gases, noise or vibration, nor will present a danger of explosion.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[Amended 9-15-2015 by Ord. No. 2015-10; 12-19-2023 by Ord. No. 2023-12]
A. 
An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be restricted to the same lot as the principal use, and must also be under the same ownership as the principal use.
B. 
An accessory use must not alter the character of an area, nor be detrimental to the area.
(1) 
Specifically underground storage tanks containing heating fuel are prohibited.
C. 
Any accessory use customarily incident, directly related, and subordinate to a use permitted in the district will be permitted as an accessory use.
D. 
Any accessory use customarily incident, directly related, and subordinate to a use permitted by a special use permit may be permitted by a special use permit upon application to the Zoning Board of Review.
E. 
Accessory uses for CR1 District. Accessory uses for a CR1 District should comprise a significant minority of the total land area on a given parcel. The accessory uses allowed are:
(1) 
Meeting facilities.
(2) 
Eating establishments.
(3) 
Retail uses directly accessory to the main outdoor recreation function of the property.
F. 
Accessory uses for CR2 District are:
(1) 
Meeting facilities.
(2) 
Small supportive retail operations.
(3) 
Commercial off-street parking. Temporary lodging (26 rooms or more) subject to review and approval pursuant to the Town of Lincoln land use regulations.
[Added 11-21-2023 by Ord. No. 2023-08]
A. 
Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use in all zoning districts, under the criteria described below under Subsection B, Eligibility.
B. 
Eligibility.
(1) 
At least 50% of the existing gross floor and 100% of any allowed additional gross floor area shall be developed into residential units.
(2) 
There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
(3) 
Up to a 10% expansion of the existing structure is permitted as part of an adaptive reuse project. The permitting authority can consider expansions up to 20% of the existing structure when there is an increase in the amount of low-and moderate — income units as a result of the expansion.
C. 
Density. The density proposed for any adaptive reuse project shall meet all public health and safety standards.
(1) 
For projects that meet the following criteria, the maximum residential density shall be 15 dwelling units per acre:
(a) 
Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded as authorized in this section and to accommodate upgrades related to the building fire code, and utility requirements.
(b) 
The development includes at least 20% low- and moderate-income housing.
(c) 
The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.
(2) 
For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.
D. 
Dimensional requirements.
(1) 
Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
(2) 
No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
(3) 
Notwithstanding other provisions of this chapter, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.
(a) 
Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
E. 
Parking requirements.
(1) 
Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional.
(2) 
The parking requirements and design standards in Article V, § 260-31 shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for all uses other than residential.
F. 
Allowed uses within an adaptive reuse project.
(1) 
Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
(2) 
Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Chapter 260 Attachment 1 for the zoning district in which the structure is located.
G. 
Development and design standards. Site design shall be in accordance with the Section 22 of the Land Development and Subdivision Regulations.
H. 
Procedural requirements. Adaptive reuse projects shall be subject to the procedural requirements of the Land Development and Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.