[Amended 7-19-2010 by Ch. No. 1719; 7-8-2013 by Ch. No. 1790]
No more than one residential building shall
be permitted on a lot. The structural interconnecting of buildings
to meet this requirement is prohibited. A residence shall not be converted
to increase the number of dwelling units, unless multiple-unit dwellings
are allowed in the district in which the building is located, the
yard dimensions and lot area meet the dimensional and area requirements
of the zoning district for new multiple-unit dwellings, and the appropriate
permits for proper disposal of sewage are obtained. Soil erosion and
sediment controls shall be installed prior to the start of work at
the direction of the Westerly Zoning Official and/or the Building
Official in accordance with best management practices (BMPs) contained
in the Rhode Island Soil Erosion and Sediment Control Handbook, as
amended, and said safeguards shall remain in place until such time
as the site is completely stabilized with loam and seed or other materials.
All lots, single-family, two-family or multifamily, shall conform
to the Rhode Island Department of Environmental Management Stormwater
Design and Installation Standards Manual, December 2010, or as amended,
latest edition. No lot shall have a paved front yard for parking that
exceeds 16 feet in width. Existing sidewalks and curbing shall not
be removed except at driveway opening and shall not exceed 20 feet
in width.
[Amended 7-8-2013 by Ch. No. 1790]
The minimum lot size for a two-family dwelling
shall be two times the minimum lot size of the zoning district within
which such use is permitted. Soil erosion and sediment controls shall
be installed prior to the start of work at the direction of the Westerly
Zoning Official and/or the Building Official in accordance with best
management practices (BMPs) contained in the Rhode Island Soil Erosion
and Sediment Control Handbook, as amended, and said safeguards shall
remain in place until such time as the site is completely stabilized
with loam and seed or other materials. All lots, single-family, two-family
or multifamily, shall conform to the Rhode Island Department of Environmental
Management Stormwater Design and Installation Standards Manual, December
2010, or as amended, latest edition. No lot shall have a paved front
yard for parking. All parking shall be in side or rear yards. Existing
sidewalks and curbing shall not be removed except at driveway opening
and shall not exceed 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790]
The minimum lot size for a three-family dwelling
shall be three times the minimum lot size of the zoning district within
which such use is permitted. Soil erosion and sediment controls shall
be installed prior to the start of work at the direction of the Westerly
Zoning Official and/or the Building Official in accordance with best
management practices (BMPs) contained in the Rhode Island Soil Erosion
and Sediment Control Handbook, as amended, and said safeguards shall
remain in place until such time as the site is completely stabilized
with loam and seed or other materials. All lots, single-family, two-family
or multifamily, shall conform to the Rhode Island Department of Environmental
Management Stormwater Design and Installation Standards Manual, December
2010, or as amended, latest edition. No lot shall have a paved front
yard for parking. All parking shall be in side or rear yards. Existing
sidewalks and curbing shall not be removed except at driveway opening
and shall not exceed 20 feet in width.
[Amended 5-15-2000 by Ch. No. 1300; 10-30-2000 by Ch. No. 1329]
A.
In the HDR-6 and HDR-15 Zoning Districts, property being developed for four or more residential units is permitted by special use permit under § 260-34 and further governed by both the districts' dimensional regulations (See § 260-19) and the following:
(1)
Location of structures within a lot shall be established
as far as practicable from any one- and two-family homes on adjacent
lots. Said locations, together with all parking areas and other impervious
surfaces, shall be depicted on the site plan accompanying the special
use permit application, and the plan for which a special use permit
is granted shall be adhered to. Projects submitted for approval shall
conform to the Rhode Island Department of Environmental Management
Stormwater Design and Installation Standards Manual, December 2010,
or as amended, latest edition. No lot shall have a paved front yard
for parking. All parking shall be in side or rear yards. Existing
sidewalks and curbing shall not be removed except at driveway opening
and shall not exceed 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790]
(2)
Landscape buffers shall be maintained along the side
and rear lots of 20 feet in HDR-6 Zoning Districts and 30 feet in
HDR-15 Districts.
(3)
Townhouse structures of not more than four units per structure may be permitted on any lot conforming to the dimensional standards. (See § 260-19.). Multifamily buildings may be permitted only on lots with a minimum of two acres in HDR-6 and a minimum of four acres in HDR-15 Zoning Districts.
(4)
All multifamily units shall be limited to not more
than two bedrooms.
B.
With respect to those specific properties listed in
Appendix G hereto,[1] which is incorporated herein by reference, dwelling units arranged as single-detached, double-detached, and attached townhouses and/or combinations thereof, assisted living and/or congregate housing units are permitted by special use permit pursuant to § 260-34 with the additional requirement that the Zoning Board shall also be satisfied by legally competent evidence that all best practices and procedures to minimize the possibility of any adverse effects on the neighboring property, the Town of Westerly, and the environment have been considered and will be employed, including but not limited to consideration of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation and are further governed by the following:
(1)
Purpose: The purpose of this provision is to provide
for coherent development and variety of housing types with respect
to certain property in which the underlying zoning district is MDR-30,
LDR-40, or RR-60 and located north of Route 1A.
(2)
Permitted uses: The permitted uses shall be limited
to residential dwelling units and those accessory uses thereto permitted
in the underlying zoning district. Rehabilitative facilities built
in conjunction with assisted living/congregate housing complexes shall
also be permitted. Twenty percent of said assisted living and congregate
housing units may be devoted to skilled nursing beds.
(3)
Minimum contiguous lot area: 50 acres.
(4)
Minimum lot area exclusive of wetlands: 30 acres.
(5)
Minimum lot frontage and width: 50 feet.
(7)
Density regulations:
(a)
The number of bedrooms permitted on each site
shall be determined as follows:
[1]
Step 1: Deduct from the gross area of the property
the freshwater and coastal wetlands.
[2]
Step 2: Deduct an additional 15% of the area
of the property remaining after Step 1.
[3]
Step 3: Deduct the area of any existing utility
easements within the property.
[4]
Step 4: Divide the remaining land resulting
from Steps 1, 2, and 3 by the minimum lot size in the existing (underlying)
zoning district.
[5]
Step 5: Multiply the result of Step 4 by three.
(b)
Dwelling units containing up to the maximum
number of bedrooms in units of at least two bedrooms may be arranged
in single detached, double attached, and attached townhouses to a
maximum of six units per structure. Assisted living and congregate
housing complexes may include single-bedroom units and may include
more than six units per structure.
(8)
Buffer strip. A minimum strip, 100 feet in width,
shall be maintained as a landscaped buffer along all side and rear
lot lines in such developments and a strip 50 feet in width shall
be maintained along the front lines as landscaped buffer strip.
(9)
Off-street parking. Minimum off-street parking shall
be provided and maintained as follows:
(a)
Two car spaces of at least 270 square feet per
dwelling unit. The 270 square feet may include servicing drives.
(b)
No parking shall be permitted within the landscaped
buffer strips.
(c)
Off-street parking spaces and servicing drives
shall be located within the boundaries of the development.
(d)
The number of parking spaces required for assisted living/congregate housing complexes shall be as required in § 260-77A(4)(c) and (d).
(10)
Lot coverage. The total ground area for all
impervious surfaces shall not exceed the percentage of lot coverage
in the zoning district.
(11)
Structures, parking and other improvements shall
be located as far as practicable from the property boundaries.
(12)
All areas not proposed and permitted for structures
and parking shall be designated recreation and open space, and the
developer must convey to the Town a conservation restriction in the
form of a development easement, in perpetuity. The Town shall be deemed
to hold such development easement for the benefit of the Town as well
as for the benefit of property owners within and abutting the Planned
District, their successors and/or assigns, and may not release or
modify said development easement in whole or in part without the unanimous
consent of the property owners and the approval of the Town Council.
The fee title to all or a portion of the areas not proposed and permitted
for structures and parking may be conveyed to a nonprofit land conservation
organization subject to said development easement. [See RIGL 45-24-47(D)].
An open space management plan shall accompany the application for
review by and inclusion in the Zoning Board approval.
[1]
Editor’s Note: Appendix G is included
at the end of this chapter.
[Amended 11-19-2007 by Ch. No. 1621]
A.
Purpose. The purpose of mixed-use developments is
to promote a form of land use that:
(1)
Incorporates residential, commercial, business, professional
services and public uses in a compact, walkable environment;
(2)
Resembles a traditional New England village in its
physical design, scale, mix of uses, and visual character;
(3)
Supports environmental sustainability by providing
for pedestrian access and circulation, shared parking, on-site stormwater
treatment and groundwater recharge;
(4)
Creates a cluster of retail and service businesses
to serve the needs of Westerly's residents;
(5)
Encourages infill in existing commercial areas and
adaptive reuse of existing nonresidential buildings; and
B.
Approval procedure.
(1)
Mixed-use developments shall be reviewed as major land development projects according to procedures in § A261-28 of the Land Development and Subdivision Regulations and shall also be subject to the requirements of § 260-45, Development plan review. Provisions of § 260-64 shall not apply to developments that are exclusively for commercial or business and professional services, in which no housing units are proposed.
(2)
Mixed-use developments may be comprised of more than
one lot and be located in one or more buildings or structures.
C.
Permitted locations and uses. Mixed-use developments
are allowed in the following zoning districts: Highway Commercial
(HC), General Commercial (GC), Downtown Center 1 (DC-1), Downtown
Center 2 (DC-2), Neighborhood Business (NB), Professional (P-15),
Shore Commercial General (SC-G), and Shore Commercial Watch Hill (SC-WH).
A mixed-use development may include any use allowed as of right or
by special use permit (provided such special use permit is separately
obtained from the Zoning Board) as listed in the following table and
may include any combination of principal uses, including more than
one use on a lot. Uses not listed in the table are prohibited.
|
Mixed-use development —
Zoning District Use Table
P = permitted use; S = special
use permit; N = not permitted
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Code
|
Use
|
HC
|
GC
|
DC-1
|
DC-2
|
NB
|
P-15
|
SC-G
|
SC-WH
|
|
A-18
|
Housing units in mixed-use developments
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
F-2.3
|
Paint, glass, wallpaper and hardware
|
P
|
P
|
N
|
P
|
P
|
N
|
N
|
N
|
|
F-3.1
|
General merchandise
|
P
|
P
|
P
|
P
|
S
|
N
|
P
|
P
|
|
F-3.2
|
Furniture and home furnishings
|
P
|
P
|
P
|
P
|
S
|
N
|
N
|
N
|
|
F-3.3
|
Household appliance stores
|
P
|
P
|
P
|
P
|
S
|
N
|
N
|
N
|
|
F-3.4
|
Radio, TV, music stores, computer sales
and service
|
P
|
P
|
P
|
P
|
S
|
N
|
N
|
N
|
|
F-3.5
|
Photo processing and accessories
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
|
F-4.2
|
Grocery stores, delis, meat, fish,
fruit, dairy and bakeries (less than 10,000 square feet)
|
P
|
P
|
S
|
P
|
S
|
N
|
S
|
S
|
|
F-6.1
|
Shoes, tailor, dressmaker and miscellaneous
apparel
|
P
|
P
|
P
|
P
|
P
|
N
|
P
|
P
|
|
F-7.1
|
Restaurants (no alcoholic beverages)
|
P
|
P
|
P
|
P
|
P
|
N
|
P
|
P
|
|
F-7.2
|
Restaurants (alcoholic beverages)
|
P
|
P
|
P
|
P
|
S
|
N
|
S
|
S
|
|
F-7.3
|
Taverns/hotels (alcoholic beverages)
|
P
|
P
|
S
|
S
|
S
|
N
|
S
|
S
|
|
F-8.1
|
Drugstores, newsstands, antique stores,
bookstores/stationary stores, sporting goods, jewelry stores, gift,
novelty, souvenir shops, optical goods stores and video stores
|
P
|
P
|
P
|
P
|
P
|
N
|
P
|
P
|
|
F-8.3
|
Sporting goods and bicycle shops
|
P
|
P
|
P
|
P
|
P
|
N
|
P
|
P
|
|
F-8.5
|
Banking services
|
P
|
P
|
P
|
P
|
N
|
S
|
N
|
N
|
|
F-8.6
|
Pet shops
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
|
F-8.7
|
Liquor/package store
|
P
|
P
|
N
|
P
|
N
|
N
|
N
|
N
|
|
G-1.1
|
General commercial offices
|
P
|
P
|
S
|
P
|
S
|
S
|
S
|
S
|
|
G-1.3
|
General and professional offices
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
G-2.1
|
Laundry dropoff/pickup (no on-site
cleaning)
|
P
|
P
|
S
|
P
|
S
|
N
|
S
|
S
|
|
G-2.4
|
Beauty shops and barbershops
|
P
|
P
|
P
|
P
|
P
|
N
|
S
|
S
|
|
G-2.5
|
Shoe repair and shoe shine
|
P
|
P
|
P
|
P
|
P
|
N
|
S
|
S
|
|
G-2.9
|
Travel agencies
|
P
|
P
|
P
|
P
|
S
|
N
|
S
|
S
|
|
G-2.10
|
Personal services not herein specified
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
G-4.1
|
Electrical/electronic repair shop
|
P
|
P
|
S
|
P
|
S
|
N
|
N
|
N
|
|
G-4.3
|
Small appliance repairs
|
P
|
P
|
S
|
P
|
S
|
N
|
N
|
N
|
|
G-5.1
|
Studios/dance schools
|
P
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
|
G-5.7
|
Exercise center, gymnasium
|
P
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
|
G-5.8
|
Charitable recreation
|
N
|
P
|
P
|
P
|
N
|
P
|
S
|
S
|
|
H-1
|
Federal government/postal service
|
P
|
P
|
P
|
P
|
S
|
S
|
S
|
S
|
|
H-2
|
State and local government
|
P
|
P
|
P
|
P
|
S
|
S
|
S
|
S
|
|
H-11
|
Library or museum
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
H-12
|
Place of religious worship
|
S
|
S
|
S
|
S
|
S
|
S
|
N
|
N
|
|
H-14
|
Day-care/child-care center
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
I-2
|
Playgrounds
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
J-1
|
Accessory to a permitted use
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
J-2
|
Accessory to a special permit
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
J-5
|
Off-street parking
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
J-6
|
Customary home occupation
(less than 150 square feet)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
D.
Required mix of residential and nonresidential uses.
(1)
Mixed-use developments shall contain a combination of residential and nonresidential uses. To ensure that commercial, business, professional or public uses remain paramount and not be placed in a secondary role to residential uses, the following table establishes a maximum percentage of gross floor area for residential uses in relation to the nonresidential uses listed in Subsection C above, unless otherwise provided for in § 260-87.4.
|
Zoning District
|
Maximum Residential Gross Floor Area
(square feet)
| |
|---|---|---|
|
HC
|
2 residential/1 nonresidential
| |
|
GC
|
2 residential/1 nonresidential
| |
|
DC-1
|
3 residential/1 nonresidential
| |
|
DC-2
|
3 residential/1 nonresidential
| |
|
NB
|
2 residential/1 nonresidential
| |
|
P-15
|
1 residential/1 nonresidential
| |
|
SC-G
|
2 residential/1 nonresidential
| |
|
SC-WH
|
1 residential/1 nonresidential
|
(2)
The street-level floor of any mixed-use building shall consist entirely of commercial, business, professional or public uses, unless otherwise provided for in § 260-87.4. Except for entries, stairs, and elevators comprising no more than 10% of the gross floor area that provide access to upper-floor housing units, the street-level floor shall not be used for residential purposes. Nonresidential uses are permitted on upper stories of a structure. Residential uses shall not be permitted in the basement; provided, however, that storage for residences located within a building shall be allowed in basements as an accessory use.
(3)
The Zoning Board of Review may grant a special use permit, pursuant to § 260-34, for relief from the requirements for maximum residential gross floor area set forth in Subsection D(1) above, provided that the Zoning Board of Review shall be satisfied, by legally competent evidence entered into the record, that in addition to the standards set forth in § 260-34D, the following standards are met:
(a)
The surrounding structures are of similar size
and configuration;
(b)
The structure is preexisting, with a height
of at least 50 feet, or if a new structure is proposed, it will be
at least the maximum height allowed in the zoning district; and
(c)
The entire street-level floor must have active
nonresidential use along all street frontage and all riverfront frontage
of the building.
E.
Required affordable housing.
(1)
Definitions of specific terms relating to affordable housing are contained in § 260-50.1. Requirements for affordable housing in mixed-use developments are specified below and shall be in place of the inclusionary zoning requirement in § 260-50.2. Provisions of § 260-50.3 shall not apply to the HC, GC, DC-1, DC-2, NB, P-15, SC-G and SC-WH Zoning Districts.
(2)
Except as provided herein, a minimum of 20% of all
dwelling units within a mixed-use development shall be low- and moderate-income
housing. Such affordable housing shall not be required in a mixed-use
development that provides four or fewer dwelling units. Successive
development applications for the same property or properties that
cumulatively result in five or more dwelling units shall provide low-
and moderate-income housing. This requirement applies to rental units
as well as units offered for sale.
(3)
In developments where the housing units will be offered
for sale, low- and moderate-income units shall be affordable for a
family with an adjusted gross income that is less than 100% of area
median income. In developments where the housing units will be rentals,
the rent for all low- and moderate-income units shall be affordable
for a family with an adjusted gross income that is 80% or less of
area median income.
(4)
The Planning Board may approve mixed-use developments without the requirement that low- and moderate-income housing units be located on site, provided that there is full compliance with requirements of § 260-50.2D, Alternatives to construction of inclusionary units. No on-site housing density bonus shall be allowed when an applicant utilizes provisions of § 260-50.2D.
(5)
Low- and moderate-income housing units shall be integrated
throughout the development to the degree feasible, rather than segregated
in a particular area or areas. The exterior appearance shall be compatible
to the architectural style of market-rate units, except that the low-
and moderate-income units may not be less than 960 square feet. The
average number of bedrooms in low- and moderate-income units shall
be at least equal to the average number of bedrooms in market-rate
units. The low- and moderate-income units shall, on average, be no
less accessible to public amenities, such as open space or recreational
features, than market-rate units.
(6)
Low- and moderate-income housing units shall be built
and occupied prior to, or simultaneously with, the construction and
occupancy of market-rate units.
F.
Dimensional regulations.
(1)
In all zoning districts where mixed-use developments
are permitted, the allowed impervious surface and minimum yard dimensions
shall be those applicable to the DC-1 District, except for lot boundaries
that abut residentially zoned property, where the minimum side and
rear yard dimensions shall be those set forth in the Schedule of Dimensional
Regulations for the zone in which the development is located.
(2)
Maximum building height for mixed-use developments shall be 50 feet in the DC-1 Zone; 40 feet in the DC-2, HC and GC Zones; and 35 feet in the NB, P-15 and SC-G Zones. Maximum building height in the SC-WH Zone shall be 25 feet, unless otherwise provided for in § 260-87.4.
(3)
Floor-to-floor heights. All commercial floor space
provided on the street level floor shall have a minimum floor-to-ceiling
height of 10 feet.
(4)
The gross floor area of any single commercial establishment
in a mixed-use development shall not exceed 25,000 square feet.
G.
Design standards.
(1)
Purpose. Mixed-use developments provide opportunities for new businesses and services that will expand the Town's tax base and maintain its small-town atmosphere. Therefore, the siting (the location of a building in relation to other buildings), massing (the way a building is configured and how its parts relate to each other), proportion (the relationship of length, width and height) and design (the building materials, color, and construction details) are crucial. These guidelines should not be regarded as inflexible requirements; rather, each could generate numerous imaginative and innovative design solutions. Design standards for mixed-use developments located in the SC-WH Zone shall be governed by § 260-87.6.
(2)
Scale, proportion and design. Mixed-use developments
shall be generally consistent with the height, bulk, scale and architectural
style common to the Town's historic commercial areas. Buildings shall
not be designed primarily according to themes or architectural styles
defined by or associated with corporate chains or franchises. Developments
shall include groupings of buildings, rather than a single boxlike
structure set back on a large expanse of paved parking. The Planning
Board may modify or prohibit designs that it finds to be inconsistent
with this provision.
(3)
Building facades. The proportion and height-to-width
relationship of entryways, windows, trim, molding, railings, rooflines,
exterior lighting, signs and other decorative elements shall be compatible
with the building's architectural style. Street-level design elements
such as entryways, porches, pedestrian furniture, plantings and other
site elements shall be directed toward the use and enjoyment of pedestrians.
Building wall offsets, including projections, recesses, changes in
materials, colors or textures, shall be used to avoid long, monotonous,
uninterrupted walls. The architectural treatment of the front facade
shall be continued, in its major features, around all visible sides
of a building, and blank walls shall be articulated by the provision
of false window openings trimmed with frames, sills and lintels.
(4)
Entrances. Buildings shall have a primary entrance
door facing a public sidewalk; entrances at building corners may be
used to satisfy this requirement. Building entrances may include doors
to individual shops or businesses, lobby entrances, and access to
pedestrian-oriented plazas or courtyards surrounded by a cluster of
shops or businesses. The difference between entrances for street-level
commercial uses and entrances for upper-level residential uses shall
be reflected by distinct but compatible differences in facade treatment.
(5)
Roof types. Roof pitches of 8:12 to 12:12 are preferred.
Buildings with flat roofs shall be two or more stories in height and
shall have parapets or cornices that continue around all sides of
the structure. Architectural elements such as dormers, belvederes,
masonry chimneys, cupolas and other similar elements are encouraged.
Offsets shall be provided to relieve the visual effect of a single,
long roof. Rooftop heating, ventilation and air conditioning systems
shall be enclosed within architectural features consistent with the
building design so as not to be visible from the street level.
(6)
Materials. Traditional building materials such as
clapboard, shingles, or brick shall be used as the primary siding
materials. High-quality manufactured materials that have the same
visual characteristics may be used only with the express approval
of the Planning Board. Colors should be compatible to those of existing
historic buildings and appropriate to the architectural style.
H.
Public space; screening; and signage.
(1)
A minimum of 10% of the total land area in a mixed-use
development shall be devoted to public space, defined as parks, a
green or common, plazas, bicycle paths, gardens, or landscaped and
wooded areas. Sidewalks shall not be counted toward the calculation
of public space. Public space shall act as a unifying element in the
overall site design.
(2)
Public space shall be owned and maintained by the
property owner, an association of unit owners, or such other means
or entity as may be approved by the Planning Board. Maintenance of
public space shall be guided by a management plan specifying its intended
uses, submitted as part of a development plan application and approved
by the Planning Board. Regardless of to whom it is conveyed, public
space shall be protected in perpetuity against further development
and unauthorized alteration by appropriate deed restrictions to be
recorded in the Land Evidence Records, including the grant of a conservation
restriction to the Town.
(3)
The Planning Board may require vegetative buffer areas
to provide visual screening between the development and adjacent land
uses.
(4)
The size, location and design of all signs shall reflect
the architectural characteristics of the building; generic-style signs
or transplants from other locales are neither desirable nor appropriate.
Completely rendered and dimensioned sign graphics must be submitted
as part of a development plan application for review by the Planning
Board.
I.
Parking.
(1)
Off-street parking requirements for specific uses shall be those applicable in § 260-77. The Planning Board may permit shared parking for different land uses that have different hourly peak parking accumulation patterns, with the total number of parking spaces less than the summation of spaces required when the same land uses exist as stand alone developments, provided that no parking deficiencies occur over the course of a twenty-four-hour period on weekdays, Saturdays or Sundays. A parking analysis shall be prepared by a professional traffic engineer demonstrating the relationship between land use and parking capacity.
(2)
Off-street parking lots are permitted, provided that
no more than 15% of the spaces shall be placed closer to a front property
line or a corner side yard property line than the building itself.
The remainder of required off-street parking spaces shall be located
behind or to the side of buildings. Off-street parking may also be
located within or beneath a structure.
(3)
All parking lots shall contain vegetated and landscaped
islands and planted medians to highlight driveway entrances and provide
efficient channelization of both pedestrian and vehicular traffic
routes throughout. Each separate landscaped island shall occur after
10 consecutive parking spaces, shall have a minimum width of nine
feet and minimum length of 18 feet, shall be planted with grass or
small shrubs, and shall include at least one deciduous shade tree
of not less than two-inch caliper. Additionally, one shade tree shall
be planted for every 40 feet of parking lot perimeter. The shade trees
do not have to be planted on center and may be clustered for aesthetic
purposes. All trees shall be placed or protected so as to avoid damage
by vehicles and plowed snow.
(4)
Subject to written approval of the Town Engineer, parallel parking may be provided on public streets immediately adjoining the development and shall be counted toward parking spaces required in § 260-77.
(5)
Parking requirements may be met by off-site parking
located within 500 feet of a mixed-use development, provided that
such off-site parking is not located in a residential zoning district
and is approved by the Planning Board and a lien against both properties
(the mixed-use development and the off-site parking lot) is recorded
in the Land Evidence Records prior to final plan recording.
J.
Lighting.
(1)
Streets, parking areas and pedestrian areas in the
development shall be provided with adequate lighting while minimizing
adverse impacts of glare on adjacent properties and overhead sky glow.
All lighting fixtures and lampposts shall be decorative and complement
the architectural style of buildings in the development and conform
with "full cutoff" standards as promulgated by the International Dark-Sky
Association. The Planning Board may require submission of a lighting
plan prepared by a licensed engineer.
(2)
Lampposts along streets, parking areas, sidewalks,
walkways and courtyards shall be spaced at intervals of no greater
than 50 feet on center unless otherwise authorized by the Planning
Board. Lamppost heights shall not exceed 12 feet, except that post
heights may be extended to a maximum of 16 feet in parking lots containing
20 or more parking spaces.
B.
Permitted home occupations. Home occupations are permitted,
by administrative approval of a zoning certificate for a home occupation
by the Zoning Official, if it conforms to the following:
[Amended 2-28-2011 by Ch. No. 1744]
(1)
Retail sales are not permitted on the premises. Merchandise
shall not be displayed within or outside of the residence. Orders
made by telephone or at a sales party may be filled on premises. Direct
sales are not allowed. The operation of any wholesale or retail business
is prohibited.
(2)
In no case shall the home occupation be open to the
public at times earlier than 9:00 a.m. or later than 7:00 p.m.
(3)
Visitors, customers, or deliveries shall not exceed
that normally and reasonably occurring for a residence without the
occupation.
(4)
No more than one home occupation shall be permitted
within any single dwelling unit.
(5)
The occupation shall be carried on wholly within the
principal building by the occupant of such dwelling and does not require
storage of any materials or products on the premises outside of the
dwelling. Home occupations may be permitted in accessory buildings
with a site plan approved by the Zoning Official.
(6)
There shall be no alteration of the residential appearance
of the premises on which the home occupation occurs, including the
utilization of an existing entrance exclusively for the business.
The occupation shall use no more than 25% of the total floor area
of the dwelling.
(7)
No more than one person not a legal resident member
of the family shall be employed in the home occupation.
(8)
No toxic, explosive, flammable, combustible, corrosive,
etiologic, radioactive, or other restricted materials shall be used
or stored on the premises. No processes are permissible which are
hazardous to the public’s health, safety and welfare.
(9)
There shall be no signs on the property except for
one nonilluminated nameplate mounted flat against the dwelling, not
to exceed two square feet, indicating the address, occupant’s
name, and occupation.
(10)
No traffic shall be generated by such home occupation
unreasonably greater in volume than would normally be expected in
a residential neighborhood and any parking required for the conducting
of such home occupation shall be provided off the street and not in
a required front yard.
(11)
Home occupations shall comply with all local, state, or federal regulations
pertinent to the activity.
(12)
Not more than one commercially registered motor vehicle of a size
not exceeding a gross vehicle weight rating of one ton may be stored
on the premises in conjunction with the office of a contractor, providing
the outside storage of equipment or materials in conjunction therewith
is prohibited.
C.
Prohibited as home occupations. The following shall
not be permitted as home occupations:
[Amended 2-28-2011by Ch. No. 1744]
(1)
Automobile,
boat and equipment repair in any form or manner.
(2)
Beauty
salons and barbershops.
(3)
Ceramics.
(4)
Health
salons, dance studio, and aerobic exercise studios.
(5)
Helium
balloons.
(6)
Limousine
or cab service.
(7)
Mortician,
hearse service.
(8)
Painting
of vehicles or boats.
(9)
Tow
truck services.
(10)
Veterinary
uses (including care, grooming, or boarding).
(11)
Warehousing
and distribution service.
A.
As used in this section, the following terms shall
have the meanings indicated:
- ACCESSORY STRUCTURE OR USE
- A structure or use that is clearly incidental to and customarily found in connection with a principal building and does not include residential occupancy. It is subordinate to and serves a principal building, and contributes to the comfort, convenience, or necessity of the occupants, business, or industry located in the principal building served. It is located on the same lot as the principal building served.
B.
Permitted accessory uses. Accessory structures and
uses are permitted if they are under the same ownership and on the
same lot as the principal use. Any accessory use or building which
is accessory to a legal nonconforming use shall be treated in the
same manner and subject to the same regulation as the principal use.
C.
Location. No accessory structure or use may be located
in any part of the required front or corner side yards. The side and
rear setbacks of accessory structures are set forth in the district
dimensional tables in this chapter. Where an accessory structure is
within six feet or attached to the principal building in a substantial
manner as by a wall, roof or breezeway, such structure or use shall
be considered part of the principal building, and the setbacks for
the principal building shall apply to the accessory structure as well.
D.
Height. Maximum height of accessory structures is
set forth in district dimensional tables in this chapter.
E.
Size. No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.
[Amended 5-15-2000 by Ch. No. 1300]
F.
Accessory recreation facilities. Tennis, racquetball
or paddle tennis courts and similar accessory facilities shall comply
with the following requirements:
(1)
No such facility which is accessory to the residential
use shall be located in a front yard thereof;
(2)
No part of any such facility shall have lighting,
unless such lighting is approved by special use permit and can be
shown not to be a nuisance to abutting residential property; and
(3)
The area in which the facility is located shall be
screened from the view of abutting properties by means of opaque fences,
walls, hedges between six and eight feet in height.
No private swimming pool capable of containing
more than 24 inches of water shall be allowed in any district except
as an accessory use, and in accordance with the following requirements:
A.
The pool must be intended and used principally for
the enjoyment of the residents of the property upon which it is located.
B.
The pool or the property on which it is located shall
be walled or fenced to prevent uncontrolled access from the street
or from adjacent properties. Aboveground swimming pools 48 inches
minimum height above grade shall meet the barrier requirements. The
in-ground swimming pool or the property on which it is located shall
comply with Appendix G of the Rhode Island State Building Code. Barrier
requirements include the fence or barrier height to be five feet in
height but no more than eight feet in height. This fence or wall shall
be maintained in good condition with a gate and a child-proof latch
and must prohibit the passage of any object exceeding four inches
in diameter. A dwelling house, accessory building or the walls of
an aboveground pool may be used as part of such enclosure, provided
that the required minimum height of five feet is maintained.
[Amended 2-28-2011 by Ch. No. 1743]
C.
The pool and any accessory buildings or equipment
shall be no closer than 15 feet to any side or rear lot line and shall
not be located in any required front yard setback.
D.
Any lighting shall be faced and directed away from
abutting property.
E.
In-ground pool aprons shall be contained within the
required fence or wall. If the entire property is fenced or walled,
the in-ground pool apron shall be no less than 15 feet from any side
or rear setback line.
[Amended 5-9-2005 by Ch. No. 1538; 9-12-2005 by Ch. No. 1551; 4-7-2008 by Ch. No. 1633]
Fences and walls not exceeding 10 feet in height may be placed in any yard in an industrial district. In any other district, fences and walls may be constructed up to six feet in height. The use of barbed wire and razor wire is prohibited in the Town of Westerly and shall not be a component of, or attached to, any fence or wall. All fences, walls, and hedges are subject to roadway vision clearance requirements of § 260-20F. Fences, walls and ISDS systems (individual sewage disposal systems) and any and all components thereto shall not be considered to be structures for the purposes of this chapter. The term "wall" does not include engineered retaining walls, which are permitted uses in all districts, subject to provisions contained in § 260-87.3.
[Added 4-7-2008 by Ch. No. 1633]
Temporary fencing, as required by the Planning
Board during the construction process, shall be as follows:
A.
On sites that have slopes of 10% or less; temporary
poly barrier fencing, snow fencing, or any other flexible fencing
a minimum of four feet in height, with supports equal to the height
of the fencing and placed no more than four feet apart, shall be installed
on the up-gradient side of the slope.
B.
On sites that have slopes greater than 10%, temporary
stockade or chain link fencing a minimum of six feet in height, with
supports equal to the height of the fencing and placed no more than
10 feet apart, shall be installed on the up-gradient side of the slope.
C.
Supports for temporary fencing shall not be set in
concrete.
D.
Temporary fencing shall be inspected daily and maintained
by the property owner or its agent.
The parking and storage of recreational vehicles in residential zoning districts shall be governed by Chapter 167 of the Code of the Town of Westerly, Mobile Homes and Trailer Parks.
The overnight parking or storage of commercial
vehicles of over 3/4 ton capacity shall not be permitted in any residential
district except where parking or storage is directly related to a
lawful nonconforming use on the premises. Where such parking is permitted,
the vehicle shall be stored in a building or in an area screened and/or
landscaped to buffer from abutting residential uses.
[Added 8-21-2006 by Ch. No. 1578]
A.
No unregistered motor vehicle, automobile, truck,
or the like, nor any parts or components of such vehicle, nor any
vehicle without a Rhode Island inspection sticker valid within the
last 120 days, shall be parked, stored or allowed to stand ungaraged
on any residential property within the Town for a period exceeding
60 days.
B.
Notwithstanding the foregoing provision, a property
owner shall be permitted to store two unregistered vehicles per residential
lot if the vehicle is screened on all four sides or is completely
encapsulated by a car cover and is located on the property in compliance
with all zoning district setback requirements that pertain to accessory
structures.
C.
A tarp, sheet or other rudimentary cover shall not
constitute a legitimate car cover for the purposes of this section.
D.
The owner of property where the offending vehicle
or part thereof is located, after having been sent a written notice
from the Minimum Housing Director or Zoning Enforcement Official,
shall be subject to a penalty of $25 per day for each unregistered
vehicle or uninspected vehicle that is parked or stored on the property
for longer than 15 days after the date of the notice.
E.
Written notice will be sent to the mailing address
of the property owner as maintained by the Tax Assessor's Office.
The fine in the aggregate shall not exceed $500 for each vehicle or
part thereof.
F.
This provision shall not apply to any properly licensed
and permitted repair shops, dealers, or junkyards. Registered antique
vehicles exempted by state law are also exempt from this section.
A.
Minimum area. A new cemetery shall be located on a
lot containing at least 20 acres.
B.
Building setbacks. All buildings in which the dead
are interred shall be set back at least 80 feet from any street bounding
the cemetery.
C.
Grave setbacks. All graves or burial lots shall be
set back at least 15 feet from any street bounding the cemetery.
D.
Residential buffer. Where a cemetery abuts a residential
zone, a buffer equal to the abutting yard setback in the residential
zone or 50 feet, whichever is greater, shall be required. A rear yard
setback of 55 feet is required.
E.
Expansion of existing cemetery. Any expansion of an
existing cemetery must comply with the preceding requirements.
[Amended 11-26-2001 by Ch. No. 1381]
[Amended 11-26-2001 by Ch. No. 1381]
A.
Development plan. The development plan required pursuant to § 260-45 shall show the layout of the property and indicate the location of any clubhouses, all tees, fairways, greens, fences, walls, any pro shops, maintenance sheds and other structures, practice ranges, putting greens and other features appurtenant to the golf course.
B.
Principal uses. The principal uses and structures
shall be the golf course itself and any clubhouse on the premises.
C.
Accessory uses. Accessory uses and structures shall
include the pro shop, any maintenance buildings and facilities, tennis
and other recreational facilities and golf villas or guest cottages,
provided that any such villa or cottage shall contain no cooking facilities
and shall contain no more than four bedrooms each and shall not be
occupied by any guest for a period longer than two consecutive weeks.
A.
Minimum lot size. The minimum lot size shall be 200,000
square feet.
B.
Maximum number of animals. The number of animals permitted
in commercial stables shall be limited as follows: There shall be
no more than one horse (including horses, ponies, mules, donkeys,
and other animals used for riding) per 10,000 square feet of property
and per ten-foot by ten-foot stall.
C.
Buffering. A vegetative strip no less than 100 feet
wide shall be maintained between any corral or manure pile, and any
well or surface water body.
A.
Location. Marinas shall be located adjacent to water
suitable for use by pleasure and cruise boats.
B.
Size. The size of the marina shall be determined by
the carrying capacity of the land and the adjacent water, the capacity
for dry storage on land, the capacity for off-street parking, and
the accessibility of adjacent roads.
C.
Use of docks. Docks are to be used by transient boats.
Docks and adjacent areas shall not be used for dry-stacking facilities.
D.
Residence use prohibited. The marina shall not provide
residence facilities nor shall any boat docked at the marinas be used
as a residence.
E.
Marine service structures. Docks, ramps, moorings
and related marine service structures shall conform to accepted siting
and engineering standards, the application of which shall be evidenced
as part of development plan review.
A.
Industrial use category. Landing strips and heliports
(accessory hangers and sheds) are classified in the general industrial
use category.
B.
Minimum area. The area proposed for new uses and expansion
of existing ones shall be sufficient to meet the standards of the
Federal Aviation Agency and the Rhode Island Airport Corporation in
accordance with their published rules and regulations for the class
of airport proposed.
C.
Approach areas. No approach areas shall be permitted
over existing residential areas or over vacant areas zoned for residential
development.
D.
Location of buildings. No building, hanger, or other
structure shall be less than 100 feet from any street right-of-way
or lot line.
E.
Repairs. All repair of airplanes and machinery shall
be done inside hangers.
A.
Parking required. Any structure or use, erected or
developed after the date of passage of this chapter, must provide
off-street parking facilities including garage in accordance with
the following regulations:
[Amended 5-15-2000 by Ch. No. 1300]
(1)
Residential dwelling: two car spaces for each dwelling
unit.
(2)
Hotels/motels and inns: one space per room plus one
for every three employees on the largest shift, plus one space per
four seats capacity of all meeting/assembly rooms and associated restaurants.
(4)
Hospitals, nursing homes and congregate housing.
(a)
Hospitals or institutions: one car space for
each bed, and one space for every staff member/employee on largest
shift.
(b)
Nursing homes: one space per two beds plus one
space per employee on largest shift.
(c)
Assisted living complex: one space per two beds,
plus one space per employee on largest shift.
(d)
Congregate housing complex: one space per bed,
plus one space per employee on largest shift.
(5)
Office use: one car space for every 250 square feet
of gross floor space.
(6)
Retail and service business: 6.5 parking spaces for
every 1,000 square feet of gross floor area up to 10,000 square feet;
4.75 parking spaces for every 1,000 square feet of gross floor area
greater than 10,000 square feet.
(7)
Outdoor recreation use:
(a)
Camp or campground: one space per employee,
plus one space per campsite, plus one space per three campsites, if
visitors are permitted.
(b)
Golf course: four spaces per green, plus one
space per employee, plus those spaces as otherwise required for all
accessory uses, such as restaurant, banquet facility, etc.
(c)
Recreational vehicle park: 1.5 spaces per RV
site, plus one space per employee, plus one space per five sites,
if visitors are permitted.
(d)
For all other outdoor recreation uses: one parking
space for every three persons of total capacity.
(8)
Industrial and wholesale uses:
(9)
All other nonresidential uses: One car space for every
300 square feet of gross floor area.
B.
Plans and specifications for parking facilities. Plans
and specifications for the required parking facility and its access
drives shall be submitted at the time of application for a permit
for the main use. In allocating area for off-street parking facilities,
each parking space shall have a minimum width of nine feet, a minimum
length of 18 feet and shall be served by suitable aisles to permit
access into all parking spaces. In no case shall the gross area per
parking space be less than 270 square feet. Such plans and specifications
shall include planted islands and buffers as well as a lighting plan.
C.
Regulations for parking facilities. All parking facilities
provided under this section must be developed on the site of the main
use unless otherwise specified herein. Any off-site facilities must
be located within 500 feet of the main use, provided that they are
located within a business or manufacturing district.
D.
Parking lots shall conform to the following regulations:
[Amended 5-15-2000 by Ch. No. 1300]
(1)
The area shall be paved and provided with bumper guards
where needed, except in areas designated as critical resource areas
by Coastal Resources Management Council or otherwise provided for
in this chapter (i.e., inns) where a dust-free pervious surface may
be permitted. The Planning Board, as part of its development plan
review, may permit all or part of the parking area surface to be other
than paved.
(2)
Where such area adjoins a residential district, a
solid wall or opaque fence not less than five feet nor more than seven
feet in height or a compact evergreen screen not less than five feet
in height shall be erected and maintained between such area and the
adjoining residential district.
(3)
Any light used to illuminate the area shall be arranged
to reflect the light away from adjoining property in a residential
district and away from the adjacent streets.
(4)
Trailer trucks and heavy construction equipment may
not be stored or parked overnight in any residential area, except
for heavy construction equipment during the active on-site construction
period.
E.
Oceanfront historic hotel. Parking required for an
oceanfront historic hotel may be located on and/or off the site of
the hotel on any property which has heretofore been used for parking
in conjunction with such hotel.
[Added 10-12-2004 by Ch. No. 1510]
F.
Adult entertainment. All parking for employees and
customers shall be located between the building and the street on
which the building has frontage.
[Added 4-9-2007 by Ch. No. 1598]
All commercial and industrial structures, erected
subsequent to the adoption of this chapter, shall provide off-street
loading facilities. Plans and specifications for such loading facilities
shall be submitted to the zoning enforcement officer at the time of
application for the building permit for the main use. Such a loading
facility shall be sufficient in size to eliminate the projection of
vehicles into a street right-of-way.
A.
Definition. As used in this section, the following
terms shall have the meanings indicated:
- KENNEL
- An operation that provides food, shelter and care of household animals for purposes not primarily related to medical care, or an operation that engages in the breeding of animals for sale. Kennels are divided into two types: commercial and private.
- KENNEL, COMMERCIAL
- An establishment which houses dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.
- KENNEL, PRIVATE
- Any buildings or land designed for the care of more than four dogs, cats or other animal breeds belonging to the owner of the principal use, kept for the purposes of noncommercial showing, hunting, or breeding.
B.
Regulation of kennels. Kennels shall be regulated
as follows:
(1)
The minimum lot area shall be three acres for private
kennels and 10 acres for commercial kennels.
(2)
No structure used for any kind of kennel shall be
closer than 150 feet to any lot line.
(3)
Each commercial kennel shall provide one run per animal;
no commercial kennel shall have more than 20 runs.
(4)
Each private kennel shall provide one run per two
animals and shall have no more than two runs.
A.
Minimum site area. The minimum site area shall be
20,000 square feet with a minimum street frontage of not less than
150 feet.
B.
Yard setbacks. The front, side and rear yards shall
meet the minimum dimensional requirements specified in the Standard
Zoning District Dimensional Tables in Section 5, unless the lot abuts
a residential zone with greater minimum yard dimensions, in which
case, any yard which abuts the residential zone must meet the dimensional
requirements for the residential zone.
C.
Driveways. Driveways shall be at least 24 feet wide
and shall have at most two access points onto a single street. No
driveway shall be less than 50 feet from any corner lot line, 10 feet
from any side lot line, or 40 feet from any other driveway serving
the lot.
D.
Lighting fixtures. Lighting fixtures used to illuminate
automobile sales lots shall be no higher than 14 feet above the ground.
Lighting for sales lots shall be restricted to the front 1/3 of the
lot. At the close of business, all lighting shall be limited to that
necessary for security
A.
Restriction on location. No gasoline sales or service
station shall be expanded or constructed within 200 feet of the boundary
line of any residential zone or of any school, church, park, playground,
hospital, public library, or any place of public assembly, regardless
of the zone in which such use is located.
B.
Minimum lot area. The minimum lot area shall be 20,000
square feet with a minimum street frontage of not less than 150 feet.
C.
Services enclosed. All services except fuel sales
shall be performed within an enclosed building. No vehicles requiring
repair and service shall be stored outdoors for longer than 20 days.
D.
Location of access points. Entrances and exits shall
be at least 100 feet from any intersection.
E.
Surfacing and the service apron shall be permanently
improved with a paved surface. Adequate provision shall be made for
the collection and disposal of stormwater. Stormwater runoff shall
not be discharged into a Town road without the approval of the Town
Engineer.
F.
Pumps and fuel tanks. Gasoline and other fuel storage
tanks shall be located underground, and shall be constructed and installed
in accordance with specifications issued by the United States Environmental
Protection Agency. Any pumps, underground fuel storage tanks, and
islands, including any canopies, shall be at least 45 feet from any
street or lot line. Tanks shall be set back from all buildings as
follows:
A.
Development plan. The development plan required pursuant to § 260-45 shall show the location of all buildings and the location of storage areas designed for use for automobiles and other vehicles, parts, lubricants, fuel and other storage.
B.
Screening. A solid or opaque fence of not less than
seven feet in height shall be required.
C.
Storage of fuel and oil substances. All lubricant
and fuel oil substances which are to be stored on site shall be stored
with all necessary precautions taken to prevent their leakage and/or
surface or subsurface drainage into water bodies. A plan detailing
how these materials will be stored in compliance with this requirement
shall be submitted with the application.
A.
Minimum site area. The minimum site area for a drive-in
use shall be 20,000 square feet with a minimum street frontage of
150 feet.
B.
Setbacks. The front, side and rear yard setbacks shall be no less than the minimum applicable dimension specified in the Standard Zoning Districts Dimensional Tables in § 260-19 of this chapter, unless the lot abuts a residential zone with greater minimum yard setbacks, in which case, the setback of the yard which abuts the residential zone shall be twice that of the residential zone.
C.
Driveways. Driveways shall be at least 24 feet wide
and shall have no more than two access points onto a single street.
No driveway shall be less than 100 feet from any street intersection,
10 feet from any side lot line, or 50 feet from any other driveway.
D.
Lighting. Lighting fixtures used to illuminate drive-in
uses shall be no higher than 14 feet above the ground. At the close
of business, all lighting shall be limited to that necessary for security.
E.
Stacking lanes. Stacking lanes shall be provided in
accordance with the following requirements:
(1)
Stacking lanes shall be separated from other circulation
lanes and shall be identified by pavement rumble strips, curbs or
landscaping.
(2)
No exit from or entrance to such lanes shall be within
100 feet of a street intersection.
(3)
Each entrance lane shall provide queuing of five to
10 spaces, depending on the intensity of use, each with a dimension
of 10 feet by 18 feet. The Planning Board shall set the precise number
of spaces required in the development plan review process.
(4)
The distance from the pick-up window to the egress
onto the street shall be a minimum of 90 feet to a maximum of 180
feet.
A.
Purpose. It is the intent of this chapter to regulate
the siting of a hazardous waste management facility to the extent
permitted by Chapter 19.7 of Title 23 of the General Laws of Rhode
Island, as amended, that said facility be permitted with development
plan review in a General Industrial Zone subject to the provisions
contained herein and Chapter 19.7 of Title 23 of the General Laws
of the State of Rhode Island.
B.
Definitions. The definitions included within Chapter
19.7, “Hazardous Waste Management Facilities,” of Title
23 of the General Laws of Rhode Island, and all amendments thereto,
are incorporated within this chapter as though fully set forth herein.
C.
Prohibition of landfills and injection wells. No property
located totally or partially within the Town shall be used either
for a landfill and/or injection well for the storage, disposal, elimination,
destruction or siting of hazardous waste.
D.
Restrictions on hazardous waste management facility.
A hazardous waste management facility shall not be sited in the Town
unless the following restrictions are complied with:
(1)
A development site for a hazardous waste management
facility shall be located a minimum of 1,000 feet from the zoning
district boundary line in an industrial zone, from the nearest residential
or farming use or a residential or farming zone.
(2)
A development site for a hazardous waste management
facility shall be located at least 2,500 feet from centers of population,
including, but not limited to, elderly housing, primary and secondary
schools, nursing homes, and wherever the concentration of population
exceeds one person per 100 square feet of building area. Said minimum
distance shall be measured from property lines.
(3)
A development site for a hazardous waste management
facility shall be located at least 2,500 feet from a public recreational
facility. Said minimum distance shall be measured from property lines.
(4)
Hazardous waste management facilities shall be prohibited
within 1,000 feet of environmentally sensitive areas. These areas
include, but are not limited to, the following:
(a)
Slopes of 5% or more.
(b)
Areas identified as freshwater wetlands under
the RIGL 2-1-20.
(c)
Water-related sensitive areas and areas in the
recharge area of a groundwater aquifer as delineated on the State
of Rhode Island 208 Area Wide Water Quality Management Plan (R.I.
Statewide Planning FRC-JF-01-13) or any other determination of said
sensitive areas made by a competent hydrologic and water quality analysis
as defined by the Rhode Island Department of Health under RIGL 46-13-2.
(d)
Areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain. (See § 260-51.)
(e)
Areas containing unique habitats as determined
by the Audubon Society of Rhode Island Unique Areas Survey, 1973,
and any updates thereto.
(5)
The Town Engineer shall determine that a development
site for a hazardous waste management facility is at least 1,000 feet
from any pond, any major stream or river, any minor stream or river
or any recharge area of a groundwater aquifer. Parking lots and surrounding
structures associated with the hazardous waste management facility
shall not disturb topography within the above distances from watercourses,
wetlands areas and aquifers.
(6)
Any developer seeking to site a hazardous waste management
facility in the Town shall file with the Town Clerk 10 copies of the
entire filing made pursuant to the Hazardous Waste Management Act
of 1978 (RIGL 23-19.1-1-1 et seq.) in seeking a permit for such facility,
within 10 days of filing under the Act.
(7)
In addition, any such developer shall file with the
Town Clerk 10 copies of a proposed impact agreement for review by
the local assessment committee. This filing shall be made within 10
days of receiving the permit.
(8)
The following regulations for an industrial hazardous
waste management facility shall apply:
E.
Appointment and powers of Local Assessment Committee;
ratification of siting agreements
(1)
Appointment.
(a)
There shall be appointed a Local Assessment
Committee consisting of five members. The Town Council President,
the Town Manager and the Chairman of the Planning Board shall be members
of the Committee. The remaining membership shall be drawn from the
public and appointed by the Town Council President. At least one public
member shall be knowledgeable in environmental matters by reason of
training or experience. The Town Council President shall be the Chairman
of the Committee.
(b)
The Local Assessment Committee shall be appointed
within 45 days after the issuance of necessary state permits for construction
or substantial alteration of a hazardous waste management facility
under the provisions of the Rhode Island Hazardous Waste Management
Act of 1978, as amended, which facility proposes to be sited in or
have impact upon the Town. The Committee shall serve until such time
as siting or impact agreements are negotiated with the developer and
ratified by the Town Council or until such time as a siting or impact
agreement is reached in accordance with Chapter 19.7 of Title 23 of
the General Laws of Rhode Island, as amended.
(2)
Powers and duties. The powers and duties of the Local
Assessment Committee shall be those set forth in Chapter 19.7 of Title
23 of the General Laws of Rhode Island and all amendments thereto.
(3)
Ratification. No siting or impact agreement negotiated
by the Local Assessment Committee shall be binding upon or enforceable
against the Town until such agreement is ratified by the Town Council.
F.
Prohibition against variances or special exemptions.
Notwithstanding any provision in this chapter, no developer shall
be entitled to receive any variance from any requirement in this section.
[Amended 9-27-1999 by Ch. No. 1277]
A.
Purpose: The general purposes of this section are:
(1)
To provide for the placement and construction of telecommunication
facilities including the following types of towers included but not
limited to broadcasting towers, two-way radio towers, fixed point
microwave dishes, commercial satellites, receiving dishes, cellular
and PCS towers.
(2)
To manage the total number of towers, and/or antennas
throughout the Town.
(3)
To encourage installation of towers and/or antennas
in areas where adverse impacts upon the Town are minimized.
(4)
To encourage towers and/or antenna configuration which
minimizes adverse visual impact on the Town.
(5)
To encourage collocation of tower and facilities.
(6)
To support the objective of communication providers
and delivering telecommunication service to the community quickly,
effectively, and efficiently.
B.
Location:
(1)
Communication tower installations shall be permitted
in the following locations, but subject to development plan review
and approval by the Planning Board:
[Amended 5-15-2000 by Ch. No. 1300; 1-11-2010 by Ch. No. 1697]
|
AP 85
|
Lot 2
|
(Westerly Charlestown border)
| |
|
AP 55
|
Lot 1
|
(Quarry Road — Bradford)
| |
|
AP 47
|
Lot 112
|
(High Street, Ashaway Road)
| |
|
AP 80
|
Lot 1A
|
(Cedar Swamp/Town Wellhead Site)
| |
|
AP 59
|
Lot 78-1
|
(Westerly Landfill Site)
| |
|
AP 57
|
Lot 358
|
(Ward Avenue, High School Athletic Field)
| |
|
AP 124
|
Lot 6
|
(Old Post Road - near Charlestown)
| |
|
AP 85
|
Lot 1
|
(Westerly Charlestown border)
| |
|
AP 75
|
Lot 1
|
(Westerly Charlestown border)
| |
|
AP 15
|
Lot 14
|
(Bradford Dyeing Association) except that portion
within 300 feet of the river bank and/or residential uses.
| |
|
AP 52
|
Lot 3A
|
(29-33 Old Carriage Road) AP 52, Lot 3A, subject to the condition
that the cell tower pole be sized for a future three-phase electrical
extension.
|
(2)
Communication antennas shall be permitted as accessory
to existing structures subject to development plan review and approval
by the Planning Board. Communication antennas, other than public safety
antennas, shall not be permitted on or as accessory to Town water
towers.
[Amended 8-15-2000 by Ch. No. 1314]
(3)
Communication installations will be permitted by special
use permit of the Zoning Board of Review in the following locations
(preceded by development plan review and approval by the Planning
Board):
(4)
The Zoning Board of Review will give a preference
for the use of existing structures and towers, instead of the construction
of new telecommunication tower facilities. All reasonable efforts
shall be made for collocation on existing structures and towers. The
Zoning Board of Review shall, as a condition of approval for the construction
and continued use of a new telecommunication tower, require that the
applicant, its successors and/or assign not unreasonably delay or
refuse to allow the collocation of equipment, antennas or ancillary
equipment or structures on the telecommunication tower or on the site
by future applicants for similar special use permit.
(5)
The Zoning Board of Review shall give a preference
to Town-owned sites which meet the requirements of the applicant.
[Amended 9-27-1999 by Ch. No. 1277]
C.
Application requirements:
[Amended 9-27-1999 by Ch. No. 1277]
(1)
All applicants for communication installation shall
provide the following information to the Planning Board and/or Zoning
Board:
(a)
Site and landscape plans drawn to scale including
tower location and all accessory buildings and equipment and structures.
(b)
A report including a description of the tower
with technical reasons for its design.
(c)
Documentation establishing the structural integrity
for the tower’s proposed use.
(d)
The general capacity of the tower, and information
necessary to assure that ANSI standards are met.
(e)
A statement of intent on whether excess space
will be leased.
(f)
Proof of ownership of the proposed site or authorization
to utilize it.
(g)
Copies of any easements necessary.
(h)
An analysis of the area containing existing
topographical contours.
(2)
In all cases where a special use permit is required,
for a continuous period of two consecutive days (to be selected by
the Town Planner), a helium balloon of sufficient size and color or
other similar visible structure shall be placed at the location of
the proposed telecommunication tower and flown or placed at the maximum
proposed tower height.
D.
Development standards: The following standards shall
apply to all applications:
[Amended 9-27-1999 by Ch. No. 1277]
(1)
A reasonable effort shall be made to utilize existing
structures for telecommunications antennae. Should an existing structure
not be utilized, evidence as to why not shall be submitted.
(2)
Town-owned sites which are located in the prospective
development area and which could potentially accommodate the proposed
antennae and communication towers shall be identified.
(3)
A communication tower shall be set back from all property
lines so that its fall zone is outside abutting property as determined
by the Planning and/or Zoning Board. All guy wires and guyed towers
shall be clearly marked so as to be visible at all times, and all
guy wires shall be set back from all property boundaries the minimum
of the zoning district in which they are located.
(a)
All communications tower supports and peripheral
anchors shall be located entirely within the boundaries of the development
site and shall be set back from all property boundaries the minimum
of the zoning district in which the communication tower is located,
but no less than 25 feet. When located in or abutting a residential
district or Historic Overlay District, the minimum distance shall
be 35 feet. Supports and/or peripheral anchors shall not encroach
upon the minimum landscaped screening requirement. All supports and
anchors shall have at a minimum a ten-foot horizontal setback from
any overhead utility line.
(b)
Communication equipment buildings and structures
shall be considered accessory uses and comply with the following setback:
[1]
One hundred square feet or less shall be set
back from all property boundaries a minimum of 15 feet, unless located
within or abutting a residential district or Historic Overlay District
which shall require a minimum of 25 feet;
[2]
Greater than 100 square feet shall be set back
from all property boundaries a minimum of 25 feet, unless located
within or abutting a residential district or Historic Overlay District
which shall require a minimum of 35 feet.
(4)
Communication towers shall be constructed and situated
in such a manner as to fit in with the topography and features of
the surrounding environment. The Planning and/or Zoning Board shall
insure that towers shall be screened from all adjacent properties
and streets, and appropriately camouflaged if required. Existing vegetation
shall be preserved to the maximum extent possible and may be used
as a substitute for or supplement towards meeting the landscaped screening
requirement. The owner of the property shall be responsible for all
maintenance and shall replace any dead plantings within 30 days.
(5)
Communication tower equipment, buildings and base
structures shall be enclosed by a fence no less than eight feet in
height and not more than 10 feet in height from finished grade. Access
shall be through a locked gate. Said fence shall be of such material
as approved by the Planning and/or Zoning Boards.
(6)
Communication towers shall not be artificially lighted
except as required for public safety purposes, by the Federal Aviation
Administration (FAA), or by the Town.
(7)
No signs shall be allowed on any communication tower
except as required for public safety purposes, by the Federal Communications
Commission (FCC) or by the Town.
(8)
Communication antennas attached to a structure shall
conform to the following:
(a)
The antennas are not higher than 20 feet above
the highest point of the structure;
(b)
The antennas comply with applicable FCC and
FAA regulations; and
(c)
The antennas comply with all applicable zoning
requirements and building codes.
(d)
Antennas on existing structures shall be constructed
so as to blend into the appearance of the structure. The applicant
shall bear the burden of demonstrating its compliance with the requirement
before the Planning Board.
(9)
The Planning and/or Zoning Board shall regulate height
of all towers based upon topography, features of the surrounding environment
and visibility provided that in no event may the height of any tower
exceed 250 feet.
(10)
The location of antennas on existing structures
shall be constructed so as to blend into the appearance of the structure.
The applicant shall bear the burden of demonstrating its compliance
with this requirement before the Planning Board.
E.
Abandonment. The owner of any existing tower or telecommunication facility (including small antennas and other facilities mounted on rooftops) shall provide the Town Zoning Official with a copy of the notice to the FCC of intent to cease operations and, in any event, shall have 90 days from the date of cease in operations to remove the obsolete tower and accessory structures and return the premises to its preexisting condition as nearly as practicable at the owner’s sole cost and expense. Failure to comply with this provision shall subject the owner to the penalties provided for in § 260-26 of this chapter.
[Amended 9-27-1999 by Ch. No. 1277]
A.
Purpose. The purpose of this section is to minimize
adverse effects of inappropriate signs and to provide for the use
of signs as a means of communication in a manner that is consistent
with the aesthetic qualities of the Town, and with pedestrian and
traffic safety. This section shall apply to all signs which may be
erected, placed, displayed, established, created, used, altered, replaced
or maintained in the Town. Signs which are not expressly permitted
by these regulations are prohibited.
B.
Definitions. Signs shall be defined as follows:
- CANOPY SIGN
- A sign which is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area.
- FREESTANDING SIGN
- A sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground.
- IDENTIFICATION SIGN
- A sign, located on the premises, which indicates the names, address, and/or identifying symbol of:
- PROJECTING SIGN
- A sign which is wholly or partly dependent upon a building for support and which projects more than 15 inches from the building.
- ROOF SIGN
- A sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.
- WALL SIGN
- A sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background surface of, the sign and which does not project more than 15 inches from the structure.
C.
Sign permits. Signs shall not be erected without a permit granted
in accordance with the provisions of this section. Applications for
a sign permit shall be submitted to the Zoning Official on the appropriate
form provided by the Zoning Official. The application shall include
plans and specifications of the proposed sign, including its dimensions,
area, maximum and minimum height, proposed message and design, materials,
colors, method of construction, method of illumination, and location
on the property on which it is to be displayed and any other information
required by the Zoning Official. Such application shall be signed
by the owner of the property on which the sign is to be located. Notwithstanding
the provisions of this section, development plan review shall be required
for all signs which are greater than 36 square feet. Individual signs
36 square feet or less which meet all of the use, dimensional and
design review standards of this chapter may be approved administratively
by the Zoning Official and Town Planner.
[Amended 11-5-2018 by Ch. No. 1944]
D.
General provisions.
(1)
Sign construction. Every sign shall be constructed
in a permanent manner and shall be assembled and permanently affixed
in such a fashion that it shall not be ordinarily affected by weather.
No sign shall be painted directly onto any building, fence, utility
pole, rock, tree or other similar object.
(2)
Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media with the exception of a sign stating “open” not to exceed a size of two square feet, “time and temperature,” and fuel prices. Said “open” signs, signs indicating “time and temperature” and/or fuel prices shall be prohibited in the following zoning districts: DC-1, DC-2, SC-WH and NB as defined in § 260-13. No sign may be illuminated such that it is brighter than ambient sunlight during daylight hours. In addition, the following rules shall apply to all exterior signs and signs intended to be viewed from the exterior.
[Amended 9-10-2012 by Ch. No. 1780]
(a)
Internally illuminated freestanding signs shall
not be illuminated during nonbusiness hours of the business advertised
by such sign. The same rule shall apply to signs constituting an integral
part of vending machines or similar devices.
(b)
Illuminated tubing or strings of lights that
outline properties, sales areas, rooflines, doors, windows, or similar
areas are prohibited except for temporary use in observance of holidays.
(3)
Sign location. Signs shall be located only on the
property they are intended to identify and shall not project over
any property line, except in Zoning District DC-1. In addition, the
following rules shall apply:
(4)
Sign design and area.
(a)
Computation of sign area.
[1]
The area of a sign shall be computed from the
outer dimensions of the frame, trim or molding by which the sign is
enclosed.
[2]
When a sign consists of individual letters,
symbols, or characters, its area shall be computed as the area of
the smallest rectangle which encloses all of the letters, symbols
or characters.
[3]
When a sign consists of two of more faces, only
one face of the sign shall be used in computing the sign area if the
faces are parallel to and within 12 inches of each other. Otherwise,
all faces of the sign shall be used to compute the sign area.
(b)
Standards for wall signs.
[1]
No wall sign shall extend beyond the outer edge
of any wall of the building to which it is attached.
[2]
A wall sign shall be parallel to the wall to
which it is attached and shall not project more than 15 inches therefrom.
[3]
No wall sign shall be painted directly upon
any wall.
[4]
No wall sign shall extend above the eaves of
the building upon which it is attached.
[5]
The size for all wall signs shall be as hereinafter
set forth.
(c)
Standards for freestanding signs.
[1]
In residential zones, the height of any freestanding
sign shall not exceed six feet. In commercial, professional, or industrial
zones, the height of a freestanding sign shall not exceed the height
of the building to which it is related or a height of 16 feet, whichever
is less. If the premises on which the sign is located does not contain
a principal building, the sign shall not exceed a height of six feet.
The height of the sign shall be measured from the ground to the top
of the sign.
[2]
No part of any freestanding sign shall be located
within 10 feet of any lot line.
[3]
Except as otherwise provided herein, only one
freestanding sign shall be permitted on a lot for each street, even
if there is more than one building or use on that lot.
[4]
The size for all freestanding signs shall be
as hereinafter set forth.
(d)
Standards for projecting signs.
[1]
The bottom edge of a projecting sign shall be
at least eight feet above ground level when located in an area where
the public walks.
[2]
No projecting sign shall extend more than five
feet from the wall to which it is attached and shall be no more than
10 square feet except for temporary banners announcing community events.
[3]
The size for all projecting signs shall be as
hereinafter set forth.
(5)
Maintenance of signs. All signs and all components
thereof shall be kept in a state of good repair.
(6)
Unlawful cutting of trees or shrubs. No person may,
for the purpose of increasing or enhancing the visibility of any sign,
damage, trim, destroy, or remove any trees, shrubs, or other vegetation
located in any area where landscaping is required pursuant to a zoning
approval or within the right-of-way of any public street or highway,
unless the work is with the written authorization of the Public Works
Director. A copy of such written authorization shall be submitted
to the Zoning Official.
(7)
Nonconforming signs. Any sign which replaces an existing
nonconforming sign shall comply with this section.
E.
Generally permitted signs. The following signs are
permitted, provided that they comply with the regulations of this
subsection:
(2)
Signs erected by or pursuant to the authorization
of a governmental body, including legal notices, identification and
informational signs, and traffic, directional, or regulatory signs.
(3)
Integral decorative or architectural features of buildings
or works of art, so long as such features do not contain letters,
trademarks, moving parts, or lights.
(4)
Signs directing and guiding traffic that do not exceed
two square feet each and that bear no advertising matter.
(5)
Signs proclaiming religious or political activities
that do not exceed one per lot and 12 square feet in area and that
are not internally illuminated. Signs erected in connection with elections
or political campaigns. Such signs shall be erected no more than 60
days prior to the election and shall be removed within seven days
following the election or end of the campaign.
(6)
Temporary signs, such as real estate signs, giving
notice that the property on which the sign is located is for sale,
lease, or rent, together with information identifying the owner or
agent. Such signs shall not exceed six square feet. No more than one
such sign shall be located on any lot and may consist of any number
of smaller, connected signs mounted on a pole, as long as the total
area does not exceed six square feet, not including the pole and shall
be removed immediately after sale, lease, or rental. Signs greater
than six square feet shall require review and approval by the Zoning
Official or Planning Board in accordance with this section.
[Amended 1-10-2011 by Ch. No. 1737]
(7)
Signs giving notice of a special event such as a grand
opening, fair, festival, or similar event to take place on the lot
where the sign is located. Such signs may be erected not sooner than
two weeks before the event and must be removed not later than three
days after the event.
(8)
Temporary signs (such as for yard sales) not covered
in the foregoing categories, so long as such signs meet the following
restrictions:
(9)
Temporary window signs erected or maintained in the
window of a building, which are visible from any public or private
street or highway, provided that such sign shall not occupy more than
25% of the area of said window, and shall not be in place more than
30 days.
F.
Signs permitted in all districts. The following signs
shall be permitted in all districts subject to the issuance of a permit:
(1)
Construction signs. One construction or renovation
sign, not to exceed six square feet in residential zones or 12 square
feet in business zones, when associated with a valid building permit,
which shall be removed within 30 days of work completion.
(2)
Land development identification signs. One real estate
development identification sign at each entrance, not to exceed 32
square feet, to identify an approved land development, which shall
be removed within 30 days of sales completion. A permanent identification
sign not exceeding 12 square feet may be located at each entrance
to the land development.
(3)
Special use permit signs. Signs identifying the use
of the premises for an approved special permit use, not to exceed
six square feet.
G.
Signs permitted in residential districts. In addition to the signs permitted in all zoning districts (See Subsections E and F above.), the following signs are permitted in residential districts subject to the issuance of a permit where required:
(1)
Identification sign. A sign for permitted uses identifying
only the name of the house, address, and either the name of the occupant
or use of the premises, not to exceed 1.5 square feet in the area.
(2)
Farm sign. A sign identifying the name of a farm or
agricultural activity, not to exceed six square feet, or be higher
than six feet.
(3)
Special use permit signs. Signs identifying the use
of the premises for an approved special permit use, not to exceed
six square feet in area.
(4)
Home occupation sign. Signs identifying a home occupation
not to exceed 1.5 square feet.
H.
Signs permitted in commercial, professional and industrial districts. In addition to the signs permitted in all zoning districts (See Subsection F above.), the following signs are permitted in commercial, professional, and industrial districts subject to the issuance of a permit:
(1)
One business sign per building occupant, provided
that:
(a)
No freestanding sign shall exceed 36 square
feet;
[Amended 11-5-2018 by Ch. No. 1944]
(b)
No projecting sign shall exceed 12 square feet;
[Amended 11-5-2018 by Ch. No. 1944]
(c)
No wall sign shall exceed one square foot for
each linear foot of the face of the building (or if the building contains
two or more occupants, the portion thereof allocated to the occupant)
to which the sign will be attached; and
(d)
No canopy sign shall exceed one square foot
for each linear foot of the face of the canopy to which the sign will
be attached.
(2)
One identification sign, not to exceed 36 square feet,
to identify a unified office or mixed-use development.
[Amended 11-5-2018 by Ch. No. 1944]
(3)
A unified, commercial, professional, or industrial
office or mixed-use development containing two or more occupants may
have an identification sign which identifies the development, and
each of the occupants thereof may have a nameplate or business sign
as applicable.
(4)
Each sign within a unified development shall be subject
to the individual sign requirements of this section.
(5)
The design and placement of signs within a single
development shall be harmonious with one another.
(6)
Exposed neon tube signs may be displayed in interior
windows, provided that the neon tube shall not exceed 0.5 inch in
diameter.
(7)
Alternative signage program for large developments.
Due to the complexities of site design and occupancy associated with
large developments such as shopping centers, office parks, office
buildings, and mixed-use facilities, the owners of a nonresidential
development may submit to the Planning Board an alternative signage
program along with a development plan application differing from the
standards contained in this section. Such signage program shall, at
minimum, contain the information required by this section for the
issuance of a sign permit. In approving such a sign program, the Planning
Board shall find that:
I.
Adult entertainment business. Signs for adult entertainment
businesses shall be subject to the following restrictions and prohibitions:
[Added 4-9-2007 by Ch. No. 1598]
(1)
Perpendicular or protruding signs are prohibited.
Signs shall be parallel with and attached to a wall.
(2)
Freestanding signs and off-site signs are prohibited.
(3)
Signs or other advertising located on billboards or
outdoor advertising structures are prohibited.
(4)
Signs that extend above the roofline of the structure
in which the business is located or extend over a public sidewalk
or right-of-way are prohibited.
(5)
Display of merchandise or pictures in the window or
on any facades, screens, or fencing facing inward toward or outward
from the establishment of any adult entertainment business is prohibited.
[Added 11-29-2010 by Ch. No. 1733; amended 11-5-2018 by Ch. No. 1944; 2-11-2019 by Ch. No. 1949]
The existing billboard at 5 Union Street in the Town of Westerly controlled and owned by Ocean Community Chamber of Commerce, a regional business league and 501(c)(6) may utilize both sides of the structure and it may be illuminated in accordance with § 260-86D(2); provided that it remains the same or smaller in size, development plan review is granted in accordance with § 260-45, and in all other aspects the billboard shall comply with the requirements of § 260-86, Signs. This billboard may be relocated to another location within the Town with the approval of the Town Council provided that it remains the same or smaller in size. This provision is enacted to support the activities of nonprofit organizations which contribute to Westerly's quality of life.
[Amended 5-15-2000 by Ch. No. 1300]
Assisted living/congregate housing, where permitted
in other than the Post Road Overlay District, shall comply with the
regulations and development standards as set forth in the overlay
district.
[Added 10-12-2004 by Ch. No. 1510]
A.
The following development standards are applicable
to the development of an oceanfront historic hotel at the location
of The Ocean House, south side of Bluff Avenue and Westerly Road:
(1)
The site is located within the Watch Hill National
Register Historic District. The existing hotel structure thereon is
a significant historic structure within said district.
(2)
The oldest and most historically significant
portion of the existing Ocean House building consists of that portion
of the building viewed from Bluff Avenue. These include:
(a)
The four-story elevation and facade facing Bluff
Avenue together with its mansard roof and covered main entrance;
(b)
The central tower together with its unique roof
line and dormers;
(c)
The mansard roof with dormers on the west as
visible from Bluff Avenue, together with the four bays extending from
the tower toward the ocean as historically existed;
(d)
The columned porches that extend along the north
and western sides of the building;
(e)
The mansard-roof ell that extends east from
the main entrance; and
(f)
The exterior yellow and white building colors.
(3)
The criteria hereinafter set forth are intended
to regulate any renovation, restoration and/or replacement of that
structure by identifying those elements which are required to be preserved
or accurately replicated.
(a)
Porches. The porches, both open and enclosed,
that surround the building are important in defining its architectural
character. The existing size of the porches; their depth and height;
their chunky railings and columns; the graceful curve along the side
porch and at the two-story entrance porch; the multi-paned windows
in the enclosed porches all contribute to the building's historic
character and should be preserved or replicated accurately.
(b)
Architectural trim. The architectural trim,
such as the deep-set modillioned cornice, the simple yet substantially
proportioned trim around the windows, and the bold corner pilasters
and pulvinated frieze on the tower are all character-defining features
that should be preserved or replicated accurately. This condition
shall apply to all structure(s) on the property.
(c)
Fenestration and glazing. The size, spacing
and muntin pattern of the existing guest room windows are all-important
features of the historic appearance of the Ocean House and should
be preserved or replicated accurately. If replaced, to the greatest
extent possible, the windows and doors should replicate 6/6 or 2/2
glazing patterns found on the existing hotel. This includes window
grids that may be true-divided lights or may be window grids that
are applied to the exterior of the window and have a three-dimensional
trapezoidal profile. Interior applied grids or grids that are sandwiched
between two panes of glass do not adequately replicate the appearance
of historic sash. This condition shall apply to all structure(s) on
the property.
(d)
Interior features. Individual features, such
as the fireplace mantels, the reception desk and staircase, are desirable
to preserve in place or salvage for reuse. On the first floor, cased
columns, beamed ceilings, wall paneling, and window type and pattern
should be preserved or replicated accurately.
(e)
Balconies. The balcony over the front door is
an important historic feature to retain or accurately replicate. Any
other balcony visible from Bluff Avenue will be limited to those which
historically existed.
(f)
Floor-to-floor heights. Externally the appearance
of the existing floor-to-floor heights, along with the size, spacing
and scale of the windows visible from Bluff Avenue should be preserved
or replicated accurately to preserve the building's overall appearance.
(g)
Bluff Avenue entrance. The relationship of the
main entrance to elevation of Bluff Avenue is important and is to
be preserved or replicated.
(h)
Site foundation. Any beach stone foundation
visible from Bluff Avenue should be preserved or replicated. Any replication
may be accomplished by using such beach stone as a facade to a foundation
of other material.
(i)
Ocean visibility.
[1]
The public visibility of the Atlantic Ocean
from Bluff Avenue is important. Therefore, the height of any structure
located within 120 feet of the western boundary of the property shall
not exceed the elevation of 45 feet NGVD (five feet below the existing
street elevation of Bluff Avenue); provided, however, that the Planning
Board may permit an open-air structure for public sitting and viewing.
[2]
Enhancing the visibility of the Atlantic Ocean
from Westerly Road is also an important consideration. Therefore,
the height of any structure located within 60 feet of the eastern
boundary of the property shall also not exceed the elevation of 45
feet NGVD; provided, however, that the Planning Board may permit an
open-air structure for public sitting and viewing.
(j)
Fireplaces. A reasonable effort shall be made
to preserve the fireplaces and mantels located in the main lobby and
in the dining room, including consideration of relocating and reusing
the fireplace in a portion of the building that is being preserved
or rebuilt.
(k)
Building location and height. Limited by the foregoing, structures may otherwise be erected, renovated, restored, replicated and/or replaced on the property. To the extent the present location of any structure does not meet the minimum dimensional regulations of the LDR-43 Zoning District, that location shall nevertheless be permitted. The Planning Board may, through its development plan review process, allow structure(s) within the front and/or cornerside setbacks, provided the total area of encroachment is less than the area of encroachment in these areas by the preexisting structure(s). For purposes of applying § 260-19 and this section, the maximum building height is established as 134 feet NGVD.
[Amended 5-22-2006 by Ch. No. 1775]
(l)
Maximum building coverage. The existing building
surface coverage on the site, 33,879 square feet, shall not be exceeded.
This shall not include any external stairs or apply to any subsurface
structure for parking, drainage, mechanical systems, access and egress,
etc. Space located above a structured parking/mechanical level and
below lobby level outside terrace(s) including pool(s) shall not be
considered in this calculation.
[Amended 5-22-2006 by Ch. No. 1775]
(m)
Building siding. The building siding shall be
wooden clapboard, "Hardiplank" or similar product. No vinyl or metal
siding is permitted. Man-made materials may be used to replicate other
features required above. The existing exterior yellow siding and white
trim building colors will be replicated.
(n)
Landscaped buffer. Any side yard setback areas
applicable to the historic hotel use on the property shall be vegetated
and maintained as a landscaped buffer.
[Added 12-13-2004 by Ch. No. 1520]
A.
Purpose. The purpose of this section is to facilitate
the Town of Westerly in the retrieval, treatment, storage and/or distribution
of potable and/or drinking water together with the sheltering and
operation of equipment used for such purposes.
B.
Any structure used to shelter and/or operate mechanical
equipment used in conjunction with the retrieval, treatment and distribution
of municipal water shall meet the setback, lot coverage and building
height requirements of the zoning district in which it is located.
C.
Any structure used for water storage (i.e., water
tanks) shall meet the setback and lot coverage requirements of the
zoning district in which it is located; the height of such structures
may extend to 270 feet NGVD, and fences intended to screen such facilities
from neighboring properties may be up to 10 feet in height.
[Added 9-12-2005 by Ch. No. 1551]
A.
Any retaining wall greater than six feet in vertical
height measured from grade at the bottom of the wall to the top of
the wall shall require a building permit.
B.
A plot plan showing the property and the location
of the proposed wall on the property, together with the location of
driveways, sidewalks, patios, decks, pools and other structures and/or
paving relative to the proposed wall, together with existing and proposed
topography at two-foot intervals, shall accompany the permit application.
C.
Retaining walls shall be designed to ensure stability
against overturning, sliding, excessive foundation pressure and water
uplift. Retaining walls shall be designed for a safety factor of 1.5
lateral sliding and overturning (Reference: International Building
Code 1610.2 - Retaining Walls).
D.
Retaining walls in excess of six feet shall be designed
by a professional engineer licensed to practice in the State of Rhode
Island for all loads specified in the applicable building code and
in keeping with nationally recognized standards. Such designs shall
be based on sound engineering and geotechnical principles. A plan
of the design signed by the professional engineer shall also accompany
the application.
E.
Where multiple walls are situated in a terrace-like
pattern, they shall be considered one wall for purposes of determining
the height of wall if the horizontal separation between adjacent walls
is less than or equal to the combined height of the walls.
F.
Adequate protection to prevent an individual's accidental
fall over the retaining wall shall be erected and maintained in conjunction
with the retaining wall thereafter.
G.
Development plan review by the Planning Board is required
for all retaining walls which require a building permit, except those
created in conjunction with a single-family or two-family residential
structure and uses accessory thereto, when the abutting property owner
has endorsed the building permit application. The Planning Board may
require screening, to include, but not be limited to, vegetation,
natural stone veneer or a rusticated face.
H.
All retaining walls greater than six feet in height
shall be subject to a development plan review by the Planning Board,
which may grant relief from these requirements due to unique site
conditions and/or constraints.
[Added 2-6-2006 by Ch. No. 1561]
A.
In the Shore Commercial W.H. Zoning District, the
following regulations shall be applicable to any mixed residential
and commercial use on any lot that does not have frontage on Bay Street
and has land area which is at least 90% outside the Flood Hazard Overlay
District:
(1)
The commercial use component for a mixed residential
and commercial use is satisfied by one commercial/professional unit
on the property proposed for development irrespective of the number
of structures thereon.
(2)
Provided the above commercial component requirement
is met, residential uses shall be permitted on the first floor.
(3)
Detached garages or covered parking are permitted
for all the residential units in such a mixed residential and commercial
use.
B.
The reduction in maximum height from 35 feet to 25 feet as indicated in § 260-19 (Minimum dimensional requirements) shall not be applicable to the special use permit granted for the property now or formerly of B.S.I., Inc. described as Assessor's Plat 185, Lot 1, nor the special use permit granted for the property now or formerly of JHRW Partnership located on the southeasterly side of Bay Street and the northeasterly side of Larkin Road, and being identified as Parcel B on the Administrative Subdivision Plan approved December 15, 2005, and recorded that day at Book 1485, page 315 in the Town of Westerly Land Evidence Records. The maximum height applicable to said parcels shall remain at 35 feet.
[Added 9-11-2006 by Ch. No. 1581]
A.
Purpose. It is the purpose of this section to promote
the safe, effective and efficient use of wind energy systems installed
to reduce the on-site consumption of utility-supplied electricity.
B.
Findings. The Town of Westerly finds that wind energy
is an abundant, renewable, and nonpolluting energy resource and that
its conversion to electricity will reduce our dependence on nonrenewable
energy resources and decrease the air and water pollution that results
from the use of conventional energy sources. Distributed small wind
energy systems will also enhance the reliability and power quality
of the power grid, reduce peak power demands, and help diversify the
state's energy supply portfolio. Wind energy also makes the electricity
supply market more competitive by promoting customer choice.
C.
Definitions. As used in this section, the following
terms shall have the meanings indicated:
- TOWER HEIGHT
- The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
- WIND ENERGY SYSTEM
- A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.
D.
Permitted use. Wind energy systems shall be allowed
by special use permit in all zoning districts subject to the requirements
set forth below:
(1)
Special use permit applications for wind energy
systems shall include a site plan of the subject property drawn to
a uniform scale, including location of the tower, all accessory structures
and appurtenant equipment, and the location of any other structures
on the site.
(2)
The applicant shall provide a report containing
a description of the tower with technical support establishing its
structural integrity and need for accessory structures.
(3)
There shall be a restriction of one turbine
and tower per deeded property with a minimum of seven acres. Municipal/commercial
properties may exceed one turbine and tower per property on a case-by-case
basis.
(4)
Advertising signage, communication devices,
cellular dishes or the like may not be attached to a tower. This restriction
does not apply to signs necessary for public safety purposes as required
by a duly authorized regulatory authority.
(5)
The owner of the property where a wind energy
system is located shall be required to obtain a demolition permit
to remove and properly dispose of the structure within 180 days of
its abandonment, which shall be defined as the ceasing of the continuous
production of electricity for longer than 90 days.
(6)
Tower height shall not exceed 85 feet, and in
all cases a fall zone of 360°, with a radius equal to the tower
height, shall be provided entirely within the lot upon which the tower
is located, within which no residential structures shall be located.
Towers exceeding 85 feet in height shall be permitted exclusively
for municipal use.
(7)
No part of a wind energy system structure, including
guy wire anchors, may extend closer than minimum zoning setback requirements
of primary structures.
(8)
Wind energy systems shall not exceed noise levels
as permitted by the Noise Control Ordinance of the Town of Westerly.
(9)
Designs for all wind energy systems must be
certified by the Federal Department of Energy or other small wind
energy certification program recognized by the State of Rhode Island.
(10)
Building permit applications for wind energy
systems shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, footings and all appurtenant
structures, demonstrating compliance with the International Building
Code and National Electrical Code, as amended. The tower and turbine
shall be engineered to withstand appropriate wind loads in conformance
with the International Building Code. An engineering analysis shall
be submitted demonstrating code compliance as certified by a licensed
professional engineer or manufacturer.
(11)
Wind energy systems must comply with applicable
FAA regulations as specified in 14 CFR Part 77, entitled "Objects
Affecting Navigable Airspace."
E.
Utility notification. No wind energy system shall
be granted a special use permit until written evidence has been provided
that the utility company has been informed of the customer's intent
to install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
[Added 10-30-2006 by Ch. No. 1589]
A.
Purpose; exceptions.
(1)
The entire area of the Shore Commercial - Watch
Hill Zoning District is within the Watch Hill Historic District, which
is listed in the National Register of Historic Places. Essential to
the preservation of this district is that those existing structures
that define the historic character of the district be preserved and
that any new construction be compatible with the existing architecture
within this neighborhood. This section provides specific development
plan review criteria for the Planning Board to ensure that the unique
physical character of the Shore Commercial - Watch Hill District (District)
is retained, while allowing for beneficial enhancements and redevelopment
to occur. In general, the existing scale and proportions of buildings
and the overall architectural character of the streetscape shall be
preserved along Bay Street.
[Amended 6-28-2017 by Ch. No. 1892]
(2)
Periodic maintenance and repair of buildings
with replacement of in-kind building materials does not require development
plan review. All modifications to the exterior of buildings, except
such replacement, in-kind of building materials, requires development
plan review. Nothing herein shall be deemed to reduce the authority
of the Planning Board to waive development plan review and waive and/or
modify requirements pursuant to RIGL 45-23-62.
[Amended 6-28-2017 by Ch. No. 1892]
B.
Development plan review by the Planning Board shall be regulated by the following standards in conjunction with those contained in § 260-45F:
(1)
The uniformity of the building heights, gable
orientations, roof pitch, massing and bulk visible from Bay Street
shall be used to guide construction of new buildings and additions
to existing structures. New buildings shall be designed with traditional
roof forms that are compatible with the character of the District.
(2)
Architectural elements such as dormers and roof
gables shall be in proportion to the overall building and shall also
be in keeping with the surrounding building context. Exaggerated or
excessively large (or tiny) architectural elements shall be avoided.
Limitation of a second-story footprint to less than the first-floor
footprint of any existing building is not intended by this subsection.
(3)
The uniform rhythm or sequencing and design
of architectural features, including, but not limited to, windows,
bays, entryways and doors, storefronts, arcade columns and gables
along Bay Street shall be replicated in any new building or retained
in any existing building thereon.
(4)
Traditional exterior building materials such
as wooden shingles or clapboards, "Hardiplank" or similar product
shall be used for building siding.
(5)
Structures which have been determined by the
Secretary of the Interior to be contributing to the historical significance
of the District shall be reused whenever possible rather than demolished.
Demolition of such buildings shall be permitted when the property
owner demonstrates there is no reasonable and feasible alternative
to demolition. In the event of demolition, it is preferred that such
structures be replicated or reconstructed on their original building
footprint and the design be substantiated by historical documentation,
including pictorial and written descriptions or archived plans and
elevation drawings.
(6)
New construction shall be of pedestrian-scale,
directly fronting the street with covered sidewalk arcades, unless
otherwise governed by setback requirements of this chapter. Structures
set behind expanses of asphalt or other impervious parking surfaces
are prohibited. New construction shall be articulated with building
hyphens, other architectural features, and roofline breaks and gables
employed to scale-down building mass to match existing surrounding
buildings.
(7)
Long first-floor arcades projecting to public
sidewalks shall be incorporated where appropriate in any new design,
with arcade width, street-to-arcade setback and sidewalk width matching
existing configuration on the street. Arcade roofs shall not be entirely
recessed within the building fabric or building mass. The uniformity
of existing covered sidewalk arcades, with galleries, decks and porches
above, shall guide new construction.
(8)
In addition to requirements and standards for signage in § 260-86, no freestanding signs shall be permitted.
(9)
All awnings shall be covered with canvas. Backlit
awnings and those displaying logos and/or signs shall be prohibited.
(10)
Exterior lighting fixtures shall be shielded
and directed toward the building or the ground. Electrical conduit
and junction boxes shall be located so as to minimize or, if possible,
eliminate their visibility from the public. Security devices shall
not negatively impact the architectural character of the building
and streetscape. Satellite dishes are not permitted on the street
side of any structure, nor are they to be visible from Bay Street.
(11)
HVAC mechanical devices shall not be visible
from the street. Such devices may be screened with architectural elements
or vegetation where appropriate.
(12)
The Planning Board may allow historical features
which previously existed to be replicated, provided such elements
are substantiated by historical documentation, including pictorial
and written descriptions or archived plans and elevation drawings,
and such elements are in general compliance with the zoning ordinance
dimensional requirements.
(13)
Visually and historically significant landscape
features such as stone walls, fences, curbing treatments, sidewalks
(and their width) and the like shall be preserved whenever possible
or replaced in-kind. New features shall be designed to complement
and enhance existing features. All new landscaping shall use low-growing
material or species hardy to the area. Fixed streetscape features
such as lighting standards and benches shall be of a consistent and
traditional design type which will complement the architecture of
the area. Landscaping shall be required to minimize the visual input
of any bottomless sand filter or other components of individual septic
disposal systems.
(14)
In new building construction the following character-generating
features of Bay Street are encouraged:
(a)
Natural wood roof shingles or dark-colored architectural
grade roof shingles.
(b)
Substantially proportioned window and building
trim, white in color.
(c)
White deck rail systems with a silhouette (size
and detail) consistent with Building Code requirements and with those
generally along Bay Street.
(d)
Arcade lighting mounted on the interior face
of the arcade sidewalk column located just below the arcade soffit.
(e)
Signage using black background with gold letters,
which is a Watch Hill business village tradition.
(f)
Generous use of multipaned glazing patterns,
which are true divided lights or window grids that are applied to
the exterior of the window and have the appearance of such true divided
lights.
(15)
In all construction, synthetic materials or
substitutes may be used subject to Planning Board approval; samples
of all such materials shall be submitted to the Planning Board as
part of the review process.
(16)
The property of Gail Forbes described as Assessor's
Plat 179 Lot 85 shall be determined not to be contributing to the
historical significance of the Watch Hill Historic District as defined
by the Secretary of the Interior.
C.
In addition to the above standards, the Secretary
of Interior's Standards for Rehabilitation (36 CFR 67.7), as existing
on the date of the passage of this section, shall be used as general
design guidance for proposed alterations to the exterior of existing
buildings that have been determined to contribute to the historic
significance of the National Register Historic District. These widely
accepted national preservation standards help define the character
and features of historic buildings and provide “best practices”
for preserving and enhancing the integrity of these features in rehabilitation
of such buildings.
D.
Compliance with the above standards, incorporation
of recommended character-generating features and compliance with the
dimensional regulations of this chapter shall demonstrate substantial
architectural compatibility with neighboring properties.
[Added 10-17-2016 by Ch.
No. 1877]
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- CARDHOLDER
- A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.
- CAREGIVER CULTIVATION
- Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 21-28.6.
- COMPASSION CENTER
- 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 cardholder, who have designated it as one of their primary caregivers.
- COMPASSION CENTER CARDHOLDER
- A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.
- LICENSED CULTIVATOR
- A person, co-partnership, entity and corporation, who has
been licensed by the department of business regulation to cultivate
marijuana pursuant to RIGL 21-28.6-16. A licensed cultivator may acquire,
possess, cultivate, deliver, or transfer marijuana only to licensed
compassion centers. A licensed cultivator shall not be a primary caregiver
cardholder and shall not hold a cooperative cultivation license.[Added 11-13-2017 by Ch. No. 1907]
- MARIJUANA STORE
- Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.
- NONRESIDENTIAL COOPERATIVE CULTIVATION
- Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.
- PATIENT CULTIVATION
- Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL 21-28.6.
- RESIDENTIAL COOPERATIVE CULTIVATION
- Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.
B.
Purpose. It is the intent of this section to regulate the cultivation
and distribution of medical marijuana as allowed by the Edward O.
Hawkins and Thomas C. Slater Medical Marijuana Act. (See RIGL 21-28.6-1
et seq.) The Town is dedicated to supporting the needs of patients
requiring care through the use of medical marijuana consistent with
the health, safety and general welfare of the community at large.
C.
Patient cultivation. Patient cultivation shall be permitted in all
residential, commercial and industrial zoning districts in the Town
of Westerly. Patient cultivation shall not be allowed unless each
of the following criteria has been met:
(1)
Patient cultivation shall only be allowed at the patient cardholder's
primary residence when being conducted in a residential zoning district.
If the patient cardholder does not own the subject property, the owner(s)
of the subject property shall provide written acknowledgment and approval
of the proposed use, which shall be appropriately notarized prior
to review and approval by the Town.
(2)
The patient cardholder shall apply for the appropriate approvals
and inspections by the local Fire Chief. The Fire Chief shall approve
the application for permits pursuant to RIGL 23-28.1 et seq. All permits
applied for in furtherance of the Act shall be sealed and kept confidential
by the local Fire Chief and not subject to review by any party other
than the cardholder.
(3)
The patient cardholder shall apply for a zoning certificate,
and the patient cardholder or a licensed contractor shall apply for
all appropriate zoning, building, electrical, mechanical and plumbing
permits as required by the Rhode Island State Building Code.[1] The Building Official shall approve the application for
permits pursuant to RIGL 23-27-100.01 et seq. All permits applied
for in furtherance of the Act shall be sealed and kept confidential
by the Building Official and are not subject to review by any party
other than the cardholder.
(4)
In addition to the requirements above, the patient cardholder
shall demonstrate to the Building Official that the following requirements
have been met:
(a)
That the area used for growing is secured by locked doors;
(b)
That the area used for growing has means of egress consistent
with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c)
That the area used for growing shall not be within 10 feet of
a heating or other ignition source such as an electric, propane, natural
gas or oil-fired furnace or heater or as required per manufacturer
specifications of such source;
(d)
That the area used for growing shall have proper ventilation
to mitigate the risk of mold;
(e)
That the area used for growing shall have carbon filters installed
to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with
the State Fire Code and/or to the satisfaction of the Fire Department.
(5)
Zoning certificates, Fire Department inspection and/or review,
or building/trade permits, are not required for patient cardholders
cultivating marijuana by natural means that do not make modifications
to existing electrical, mechanical or plumbing services in their place
of primary residence in a residential zoning district.
(6)
Possession limits. Patient cultivation possession limits shall
be as follows unless otherwise stated in the Rhode Island General
Laws:
|
Mature Plants
|
Immature Plants (Seedlings) and Unusable Marijuana
|
Usable Marijuana
| |
|---|---|---|---|
|
Patient cardholder
|
12 plants
|
12 plants
|
2.5 ounces
|
D.
Caregiver cultivation. Caregiver cultivation shall be permitted in
all residential, commercial and industrial zoning districts in the
Town of Westerly except in those located in Zone HDR 6 High-Density
Residential Zoning Districts or in multifamily dwellings of three
or more residential units. Additionally, caregiver cultivation shall
not be allowed unless each of the following criteria has been met:
(1)
If the caregiver cardholder does not own the subject property,
the owner(s) of the subject property shall provide written acknowledgment
and approval of the proposed use, which shall be appropriately notarized
prior to review and approval by the Town.
(2)
The caregiver cardholder shall apply for the appropriate approvals
and inspections by the local Fire Chief. The Fire Chief shall approve
the application for permits pursuant to RIGL 23-28.1 et seq. All permits
applied for in furtherance of the Act shall be sealed and kept confidential
by the local Fire Chief and are not subject to review by any party
other than the cardholder.
(3)
The caregiver cardholder shall apply for a zoning certificate,
and the caregiver cardholder or a licensed contractor shall apply
for all appropriate zoning, building, electrical, mechanical and plumbing
permits as required by the Rhode Island State Building Code.[2] The Building Official shall approve the application for
permits pursuant to RIGL 23-27-100.01 et seq. All permits applied
for in furtherance of the Act shall be sealed and kept confidential
by the Building Official and are not subject to review by any party
other than the cardholder.
(4)
In addition to the requirements above, the caregiver cardholder
shall demonstrate to the Building Official that the following requirements
have been met:
(a)
That the area used for growing is secured by locked doors;
(b)
That the area used for growing has means of egress consistent
with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c)
That the area used for growing shall not be within 10 feet of
a heating or other ignition source such as an electric, propane, natural
gas or oil-fired furnace or heater or as required per manufacturer
specifications of such source;
(d)
That the area used for growing shall have proper ventilation
to mitigate the risk of mold;
(e)
That the area used for growing shall have carbon filters installed
to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with
the State Fire Code and/or to the satisfaction of the Fire Department.
(5)
Possession limits. Caregiver cultivation possession limits shall
be as follows unless otherwise stated in the Rhode Island General
Laws:
|
Mature Plants
|
Immature Plants (Seedlings) and Unusable Marijuana
|
Usable Marijuana
| |
|---|---|---|---|
|
Primary caregiver
|
12 plants per patient cardholder (to whom he/she is connected
through RIDOH registration process)
|
12 plants
|
2.5 ounces per patient cardholder (to whom he/she is connected
through RIDOH registration process)
|
E.
Cooperative cultivation.
(1)
Residential cooperative cultivation, as defined under this section,
shall be prohibited in all zoning districts.
(2)
Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
(a)
A property containing medical marijuana, and cultivated by a
nonresidential cooperative cultivation, shall not be located closer
than 500 feet to where any place of religious worship, preschool,
elementary or secondary school, day-care/child-care center, athletic
field or playground is located.
(b)
A cardholder shall only cooperatively cultivate in one location.
(c)
No single location shall have more than one cooperative cultivation.
For the purpose of this section, location means one structural building,
not units within a structural building.
(d)
The cooperative cultivation shall not be visible from the street
or other public areas.
(e)
A written acknowledgement of the limitation of the right to
use and possess marijuana for medical purposes in Rhode Island, that
is signed by each cardholder, shall be prominently displayed on the
premises.
(f)
The property owner shall apply for the appropriate approvals
and inspections by the local Fire Chief. The Fire Chief shall approve
the application for permits pursuant to RIGL 23-28.1 et seq. All permits
applied for in furtherance of the Act shall be sealed and kept confidential
by the local Fire Chief and are not subject to review by any party
other than the cardholder.
(g)
The property owner shall apply for a zoning certificate, and
the caregiver cardholder or a licensed contractor shall apply for
all appropriate zoning, building, electrical, mechanical and plumbing
permits as required by the Rhode Island State Building Code.[3] The Building Official shall approve the application for
permits pursuant to RIGL 23-27-100.01 et seq. All permits applied
for in furtherance of the Act shall be sealed and kept confidential
by the Building Official and are not subject to review by any party
other than the cardholder.
(h)
A nonresidential cooperative cultivation must have displayed
prominently on the premises an affidavit by a licensed electrician
that the cultivation has been inspected and is in compliance with
any applicable state or municipal housing and zoning codes.
(i)
The location of the cooperative cultivation must be reported
to the Division of State Police by the applicant for the special use
permit.
(3)
In addition to the requirements above, the cooperative shall
demonstrate to the Building Official that the following requirements
have been met:
(a)
That the area used for growing is secured by locked doors;
(b)
That the area used for growing has means of egress consistent
with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c)
That the area used for growing shall not be within 10 feet of
a heating or other ignition source such as an electric, propane, natural
gas or oil-fired furnace or heater or as required per manufacturer
specifications of such source;
(d)
That the area used for growing shall have proper ventilation
to mitigate the risk of mold;
(e)
That the area used for growing shall have carbon filters installed
to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with
the State Fire Code and/or to the satisfaction of the Fire Department.
(4)
Possession limits. Cooperative cultivation possession limits
shall be as follows unless otherwise stated in the Rhode Island General
Laws:
|
Mature Plants
|
Immature Plants (Seedlings) and Unusable Marijuana
|
Usable Marijuana
| |
|---|---|---|---|
|
Nonresidential cooperative cultivation
|
48 plants
|
24 plants
|
10 ounces
|
F.
Compassion centers. Compassion center uses, as established under § 21-28.6-1 et seq. of the Rhode Island General Laws, shall be prohibited in all zoning districts in Westerly except in the industrial zones of the Town and only upon the grant of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards has been met:
(1)
The application for a special use permit pursuant to this section
shall provide the legal name and address of the compassion center,
a copy of the articles of incorporation of the compassion center,
and the name, address and date of birth of each principal officer
and board member of the compassion center.
(2)
Findings.
(a)
That the requested use at the proposed location will not adversely
affect the economic welfare of the nearby community;
(b)
That the requested use at the proposed location will not adversely
affect the use of any property used for school, public or private,
park, playground, play field, youth center, licensed day-care center,
or other location where groups of minors regularly congregate;
(c)
That the requested use at the proposed location is sufficiently
buffered in relation to any residential area in the immediate vicinity
so as not to adversely affect said area; and
(d)
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, so as to prevent
blight or deterioration, or substantial diminishment or impairment
of property values within the neighborhood.
(3)
Location.
(a)
All uses granted under this section shall not be located within:
[1]
One thousand feet of the nearest residential zoning
district, and the lot line of a residence which is a nonconforming
use in a nonresidential zone in existence as of the effective date
of this section; or
[2]
One thousand five hundred feet of the nearest house
of worship, school, public or private, park, playground, play field,
youth center, licensed day-care center, or other location where groups
of minors regularly congregate; or
[3]
Two thousand feet of any other compassion center
or cooperative cultivation site; or
[4]
One thousand feet of any of the Westerly Town lines.
(b)
The distances specified above shall be measured by a straight
line from the nearest property line of the premises on which the proposed
compassion center use is to be located to the nearest boundary line
of a residential zoning district or to the nearest property line of
any of the other designated uses set forth above.
(4)
Hours of operation. The proposed compassion center hours of
operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
(5)
Lighting.
(a)
Lighting shall adequately illuminate the compassion center,
its immediate surrounding area, any accessory uses, including storage
areas, the parking lots, the compassion center's front facade,
and any adjoining public sidewalk.
(b)
Lighting shall be hooded or oriented so as to deflect light
away from adjacent properties.
(6)
Security. The proposed compassion center shall implement the
appropriate security measures to deter and prevent the unauthorized
entrance into areas containing marijuana and shall insure that each
location has an operational surveillance system and security alarm
system.
(7)
Parking. All uses permitted under this section shall comply
with the off-street parking and loading requirements and regulations
as set forth in this chapter.
(8)
Signage and advertising. All signage and advertising for a compassion
center shall comply with all applicable provisions of this Code. In
addition, no signage or advertising shall use the word "marijuana"
or "cannabis" or any other word, phrase or symbol commonly understood
to refer to marijuana unless such word, phrase or symbol is immediately
preceded by the word "medical" in type and font that is at least as
readily discernible as all other words, phrases or symbols on the
sign. Such signage and advertising must clearly indicate that the
products and services are offered only for medical marijuana patients
and primary caregivers.
(9)
No use permitted under this section shall be established prior
to submission and approval of a special use permit by the Zoning Board
of Review with the technical advice of the Town Zoning Official. The
site plan shall depict all existing and proposed building, parking
spaces, driveways, service areas and other open uses. In addition
to all other restrictions defined in this chapter, the site plan shall
show the distances between the proposed use and the boundary of the
nearest residential zoning district and the property line of all other
abutting uses.
(10)
Upon issuance of a special use permit, the compassion center
shall apply for the appropriate approvals and inspections by the local
and/or State Fire Chief. The Fire Chief shall approve the application
for permits pursuant to RIGL 23-28.1 et seq. All permits applied for
in furtherance of the Act shall be sealed and kept confidential by
the local Fire Chief and are not subject to review by any party other
than the compassion center.
(11)
Upon issuance of a special use permit, the compassion center
or its licensed contractor shall apply for all appropriate building,
electrical, mechanical and plumbing permits as required by the Rhode
Island State Building Code.[4] The Building Official shall approve the application for
permits pursuant to RIGL 23-27-100.01 et seq. All permits applied
for in furtherance of the Act shall be sealed and kept confidential
by the Building Official and are not subject to review by any party
other than the cardholder.
(12)
Possession limits. Compassion center possession limits shall
be as follows unless otherwise stated in the Rhode Island General
Laws:
|
Compassion center
|
Inventory of seedlings, plants and usable marijuana limited
to reflect the projected needs of registered qualifying patients
|
G.
Licensed cultivation. Licensed cultivation shall be prohibited in all zoning districts except industrial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
[Added 11-13-2017 by Ch.
No. 1907[5]
(1)
If the licensed cultivator does not own the subject property,
the owner(s) of the subject property shall provide written acknowledgment
and approval of the proposed use which shall be appropriately notarized
prior to review and approval by the Town.
(2)
The Licensed Cultivator shall apply for the appropriate approvals
and inspections by the local Fire Chief. The Fire Chief shall approve
the application for permits pursuant to RIGL 23-28.1 et seq. All permits
applied for in furtherance of the Act shall be sealed and kept confidential
by the local Fire Chief and not subject to review by any party other
than the cultivator.
(3)
The licensed cultivator shall apply for a zoning certificate,
and the licensed cultivator or a licensed contractor shall apply for
all appropriate zoning, building, electrical, mechanical and plumbing
permits as required by the Rhode Island State Building Code. The Building
Official shall approve the application for permits pursuant to RIGL
23-27-100.01 et seq. All permits applied for in furtherance of the
Act shall be sealed and kept confidential by the Building Official
and not subject to review by any party other than the cultivator.
Upon the annual renewal of its license in accordance with state regulations,
a licensed cultivator shall reapply for a zoning use certificate,
providing documented proof of such renewal.
(4)
In addition to the requirements above, the licensed cultivator
shall demonstrate to the Building Official that the following requirements
have been met:
(a)
That the area used for growing be secured by locked doors;
(b)
That the area used for growing has means of egress consistent
with current State Building and Fire Codes for its use and occupancy;
(c)
That the area used for growing shall not be within 10 feet of
a heating or other ignition source such as an electric, propane, natural
gas or oil fired furnace or heater or as required per manufacturer
specifications of such source;
(d)
That the area used for growing shall have proper ventilation
to mitigate the risk of mold;
(e)
That the area used for growing shall have carbon filters installed
to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with
State Fire Code and/or to the satisfaction of the Fire Department.
(5)
Possession limits. Licensed cultivation possession limits shall
be consistent with those stated in the Rhode Island General Laws.
H.
Marijuana extraction. The use of butane, propane or other solvents
used for the purposes of marijuana extraction shall be strictly prohibited
in all districts.
[Added 3-25-2019 by Ch.
No. 1953]
A.
Purpose and applicability.
(1)
The increase in demand for alternate power sources has resulted
in considerable interest in the construction of solar energy systems
which provide for the collection, storage and distribution of energy
for electricity, heating and other purposes.
(2)
The purpose of this section is to regulate the installation
of solar energy systems by providing standards for the placement,
design, construction, operation, monitoring, modification, and removal
of such systems that address public safety, minimize impacts on scenic,
natural and historic resources, are compatible with the general neighborhoods
and its architecture in which they are located and are compatible
with the Comprehensive Plan of the Town of Westerly.
(3)
The requirements of this section shall apply to all solar installations
located in the Town of Westerly except those on land owned by the
municipality.
B.
Definitions.
(1)
Except otherwise stated herein, the following definitions shall
apply to all solar installations in the Town of Westerly:
- ACCESSORY SOLAR ENERGY SYSTEM
- A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and generates no more energy than 125% of the energy that is necessary to support the principal use of the parcel.
- ARRAY PERCENT COVERAGE
- Array percent coverage equals (number of individual panels multiplied by individual panel size) plus (total mechanical pad coverage) divided by (total lot area) expressed as a percentage.
- ARRAY SIZE
- Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.
- MECHANICAL PAD COVERAGE
- The area of impervious surface(s), not including the panel(s) themselves, required to support a solar array and the solar array's required mechanical devices expressed in square feet or square acres.
- PHOTOVOLTAIC SYSTEM (PHOTOVOLTAIC INSTALLATION)
- An active solar energy system that converts solar energy directly into electricity.
- PRIMARY SOLAR ENERGY SYSTEM
- An installation designed for off-site sales in excess of the power consumed on site.
- RATED NAMEPLATE CAPACITY
- The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
- SOLAR ACCESS
- The access of a solar energy system to direct sunlight.
- SOLAR ENERGY
- Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
- SOLAR ENERGY SYSTEM
- A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
- SOLAR ENERGY SYSTEM, GROUND-MOUNTED
- An active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size.
- SOLAR ENERGY SYSTEM, OFF-GRID
- A photovoltaic solar energy 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.
- SOLAR ENERGY SYSTEM, ROOF-MOUNTED
- An active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).
- SURFACE AREA
- Surface area is determined by the array size. Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.
C.
Permitted uses. Accessory solar energy systems Use Code 14A, and principal solar energy systems Use Code 14B, shall be permitted as set forth in § 260-18, Table of Uses and reviewed pursuant to the requirements of this section.
D.
Preexisting nonconforming uses.
(1)
The purpose of this subsection is to provide for the transition
from a nonconforming commercial or industrial use to a use that conforms
to, or more closely conforms to, the provisions of zoning.
(2)
The intent to abandon a lawful nonconforming commercial or industrial use of land, portion of land, building, or structure, pursuant to § 260-32, Nonconformance, shall be conclusively presumed by the combination of one or more of the following actions and the replacement of the nonconforming commercial or industrial use with a solar energy system.
(a)
Removal from the site, building or structure of fixtures, equipment,
machinery or inventory necessary for the continuation of the nonconforming
use; or
(b)
A change in the use of the building, structure, land or portion
of land to another use; or
(c)
The voluntary interruption of a nonconforming use of any parcel
of land, or portion thereof.
(3)
At the time of decommissioning of an approved solar energy system,
the land, portion of land, building or structure previously nonconforming
by use or dimension shall revert to a use and/or structure that is
conforming to the use and dimensional provisions of zoning.
E.
Procedural requirements. In accordance with regulations promulgated by the Rhode Island Office of Energy Resources and General Laws Title 45, Chapter 68 "Statewide Municipal Solar Permit," solar energy permit is required for all solar installations. In addition, the following procedural requirements apply:
(1)
Development plan review by the Planning Board (§ 260-45) is required for all solar installations except when the solar energy system is accessory to a single-family or two-family residence. Accessory uses for installations excluding one- or two-family residences may be permitted administratively by the Zoning Official if less than 1,000 square feet or less than 25 kw. However, solar installations proposed within any historic district, on an historic property or site, or on any property, or structure registered, or proposed for registration as per Chapter 42-45 Rhode Island Historical Preservation and Heritage Commission, on the National Register of Historic Places shall be forwarded to the Architectural Review Board for an advisory opinion with regard to applicable historical and architectural standards, and to the Planning Board for development plan review approval as set forth in § 260-45. In addition to the requirements of § 260-45, the submission requirements of Subsection I shall also apply. On applications requiring a variance or special use permit, development plan review shall be advisory to the Zoning Board of Review.
(2)
Where a special use permit is required, the Zoning Board shall find that through legally competent evidence in the record the applicant has met the development standards set forth in Subsection F for roof-mounted and Subsection H for ground-mounted. Requirements of Subsection F and Subsection H may not be varied or waived. Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall also require a special use permit and meet the standards set forth in Subsection F.
(3)
Signs for solar energy systems shall comply with the Town's
sign ordinance. A sign consistent with the Town's sign ordinance
shall be required to identify the owner/operator of any ground-mounted
system and provide a twenty-four-hour emergency contact phone number.
Solar energy systems shall not be used for displaying any advertisement
except for identification of the manufacturer or operator of the solar
energy system.
(4)
Substantial modifications to a ground-mounted solar energy system
made after issuance of the required building permit shall require
approval by the Zoning Official and the Town Planner.
(5)
Any significant visual change due to material modifications
shall require approval of the Planning Board and Architectural Review
Board and if applicable, the Zoning Board.
F.
Development standards for roof-mounted solar energy systems.
(1)
Solar devices shall be an integrated part of the overall design
of the structure. Color, style, shape and proportions of the solar
devices should not conflict with the style, shape and proportions
of the roof. Flat-roof systems may be set at an optimal angle and
elevated, so as to minimize any adverse visual impact.
(2)
Rooftop solar energy systems must not increase the footprint
of the structure.
(3)
On flat and minimally sloped roofs, solar devices shall be set
back from the edge and/or behind architectural features and determined
to have no adverse impact.
(4)
Solar energy systems shall be installed in such a manner to
be consistent with state building and fire code.
(5)
Solar installations shall include appropriate snow and ice guards
to avoid the shedding of ice or snow from the roof into a porch, stairwell
or pedestrian travel area.
(6)
Solar installations that also serve as primary building materials
(i.e., solar shingles, siding, etc.) shall conform to the manufacturer's
installation instructions.
(7)
All solar installations shall include a well-marked and easily
accessible emergency cut-off designed to stop power generated by the
installation from being distributed to the structure or utility connection
serviced by the installation.
(8)
Solar installations shall be cleaned and maintained using best
practices.
G.
Dimensional requirements for ground-mounted solar energy systems.
(1)
Setbacks. All ground-mounted solar energy systems must meet the setback requirements of Article V, Standard Zoning District Dimensional Regulations, and Attachment 10, Schedule of Dimensional Regulations.
(2)
The area of the array percent coverage shall be considered an impervious surface for purposes of meeting the minimum dimensional standards, maximum percent impervious surface in § 260-19.
(3)
Height restrictions. Ground-mounted solar installations shall not exceed 12 feet in height as defined in §§ 260-9 and 260-20 as applicable to the highest point of the solar installation, including the top of any support structure or panel. The Zoning Board may allow heights exceeding 12 feet as a special use permit.
H.
Development standards for ground-mounted solar energy systems.
(1)
Applicants proposing ground-mounted solar energy systems shall
provide an appropriate buffer to adequately mitigate visual impacts
on surrounding properties and the neighborhood in general. Selection
of the proposed buffer should be based on the context and characteristics
of the specific site. Choices include, but are not limited to, a fifty-foot
wooded buffer, twenty-foot partial landscape screen, ten-foot full
landscape screen, or fencing with design and materials that are appropriate
to the surrounding natural and built environment. The vegetative buffer
surrounding the perimeter of the installation shall consist of plants
from Rhode Island native plant database.
(2)
A security fence shall surround the perimeter of the installation
and shall be consistent with fence requirements of the Westerly Zoning.
The fence shall be of appropriate aesthetic and integrate into the
surrounding area and the general character of the area.
(3)
To the maximum extent practicable, all ground-mounted solar
installations shall be located to take advantage of existing cleared
land and the clearing of forest or woodland shall be avoided. Clearing
of natural vegetation shall be strictly limited to what is necessary
for the construction, operation, and maintenance of the solar energy
systems and as otherwise prescribed by applicable laws and regulations.
Excavation and filling of project sites shall be limited to what is
necessary to stabilize the installation area. To the maximum extent
practicable, all cleared areas below and surrounding a ground-mounted
solar installation shall be maintained in a vegetated state to stabilize
soils and prevent erosion.
(4)
To the maximum extent practicable, all electrical connection
and distribution lines shall be located entirely within the structure
of the solar installation, underground, or within the structure to
which the installation is supplying energy. Electrical equipment between
the installation and the utility connection may be above ground if
required by the utility.
(5)
Ground-mounted solar energy systems are not permitted in in a flood zone or on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island soil survey. Ground-mounted solar energy systems located in the Aquifer Protection Overlay District (§ 260-52) shall meet the standards of the Aquifer Protection Overlay District and be designed and installed to ensure that the land beneath the solar energy system is restored after the solar array's installation with appropriate, sustainable and integrated low-growth vegetation that is listed in the University of Rhode Island's native plant database or other primary source to meet the stormwater, groundwater quality, aquifer protection standards and rules as well as fire safety requirements. If soils need to be removed from beneath the system for installation purposes, it shall be stored on site for future reclamation and replanted with grass or low-growth vegetation after decommissioning and removal.
(6)
Reasonable efforts shall be made to minimize visual impacts
by preserving natural vegetation, screening abutting properties, repositioning
of systems on other areas of the property, or other appropriate measures.
Solar energy systems shall be considered part of the overall design
of a site plan or structure. The location, positioning, scale and
general aesthetics of a ground-mounted system shall be integrated
into the approved site plan.
(7)
Lighting of solar energy systems shall be directed downward
and shall incorporate full cut-off fixtures to reduce light pollution.
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 shielded from adjacent properties.
(8)
The ground-mounted 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. The owner or operator shall be responsible
for the cost of maintaining the solar energy system and any access
road(s), unless such road is a public way.
I.
Development plan review submission requirements. Applications for development plan review shall include, in addition to the requirements set forth in § 260-45, the following:
(1)
A project narrative, which shall contain a summary of the existing
and proposed facility, a description of the facility's context
in relation to other uses on the property, neighboring land uses and
environmental features, and detail regarding the proposed operation
and maintenance of the solar energy system including safety plans;
(2)
Plans showing existing and proposed changes to the landscape
of the site, grading, vegetation clearing and planting, exterior lighting,
screening vegetation or structures;
(3)
Drawings of the solar energy system showing the proposed layout
of the system, any potential shading from nearby structures, the distance
between the proposed solar collector and all property lines and existing
on-site buildings and structures, and the tallest finished height
of the solar collector;
(4)
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods;
(5)
Documentation of the major system components to be used, including
the panels, mounting system, and inverter;
(6)
An itemized estimate of the cost of decommissioning and removal
of the solar energy system;
(7)
Name, address, and contact information for proposed system installer;
(8)
Documentation of access, control of the project site and operation
and maintenance plan sufficient to allow for construction and operation
of the proposed solar energy system.
(9)
Any memorandum of lease, easement, or utility agreement associated
with a solar installation shall be submitted to the Westerly Building
Office for record in the Town of Westerly upon approval.
J.
Abandonment or decommissioning.
(1)
Any solar energy system that has reached the end of its useful
life or has been abandoned shall be removed no more than 180 days
after the date of discontinued operations. The property owner or operator
shall notify the Zoning Enforcement Officer and the Administrative
Officer of the proposed date of discontinued operations and plans
for removal. Decommissioning shall consist of the following: removal
of all solar energy system-related structures, equipment, security
barriers, and transmission lines from the site; disposal of all solid
and hazardous waste in accordance with applicable disposal regulations;
stabilization and revegetation of the site as necessary to prevent
erosion. At the time of decommissioning, the applicant shall employ
a landscape designer to assess whether any revegetation of the site
is necessary.
(2)
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 or is not connected
to an energy grid or end-user for a one-year period after initial
operations commence. If the solar energy system owner or solar energy
system operator fails to remove the facility in accordance with the
requirements of this section, the property owner or the Town may remove
the facility and seek damages for expenses incurred for such removal
in accordance with law.
(3)
At the time of development plan approval of a ground-mounted
solar energy system the Planning Board shall require a financial guarantee
for the decommissioning and removal of the system and consider the
projected life of the system and inflation. Prior to construction,
the applicant shall post a bond or cash security with the Finance
Director sufficient to cover the cost of removal and restoration of
the site. The amount of said bond or security shall be reviewed and
approved by the Department of Public Works. The terms of payment and
process for release shall be consistent with those established by
the Town's Subdivision and Land Development Regulations for the
release of a performance guarantee. Release shall not occur until
the system is fully removed from the site.
