[Amended 7-19-2010 by Ch. No. 1719; 7-8-2013 by Ch. No. 1790; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
A.
No more than one single-family residential dwelling unit shall be
permitted on a lot. A single-family dwelling unit shall have substantial
and permanent interconnection of all household functions which must
include foundation, walls and a roof.
B.
A residence shall not be converted to increase the number of dwelling
units, unless:
(1)
It is for an accessory dwelling unit or when multiple-unit dwellings
are allowed in the district in which the building is located; and
(2)
The yard dimensions and lot area meet the dimensional and area requirements
of the zoning district; and
(3)
The appropriate permits are obtained, including but not limited to
building, electrical, plumbing, sewage and water.
C.
Soil erosion and sediment controls shall be installed prior to the
start of construction 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.
D.
All lots, shall conform to the Rhode Island Department of Environmental
Management Stormwater Design and Installation Standards Manual, December
2010, or as amended, latest edition.
E.
No lot shall have a paved front yard for parking or a driveway that
exceeds 16 feet in width. Existing sidewalks and curbing shall not
be removed without an alteration permit (curb cut). Driveway openings
shall be no greater than 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
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 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 openings, and driveway openings
shall not exceed 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
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 openings,
and driveway openings 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 openings,
and driveway openings shall not exceed 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
(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 as an attachment to 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/Office (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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
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-ceiling heights. All commercial floor space
provided on the street level floor shall have a minimum floor-to-ceiling
height of 10 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]
A.
ACCESSORY STRUCTURE
ACCESSORY USE
The following terms shall have the meanings indicated:
A structure that is clearly incidental to and customarily
found in connection with a principal use, is subordinate in size and
intensity of use to a principal structure, is located on the same
lot as the principal structure being served and contributes to the
comfort, convenience, or necessity of the occupants, business, or
industry located in the principal structure being served.
The use of land or structures, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
An accessory use may be restricted to the same lot as the principal
use. An accessory use shall not be permitted without the principal
use to which it is related.
B.
Permitted accessory structures and uses. Accessory structures and
uses are permitted if they are under the same ownership and on the
same lot as the principal use and principal structure. Any accessory
use or structure which is accessory to a legally nonconforming use
or structure shall be treated in the same manner and subject to the
same regulation as the principal use and principal structure.
C.
Location of accessory structures. No accessory structure may be located
in 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.
D.
Connected structures. Where a structure is within six feet of the
principal structure or interconnected to the principal structure (which
must include a foundation, walls and a roof), such structure is no
longer accessory, but wholly part of the principal structure, and
the dimensional and use requirements for a principal structure shall
apply.
E.
Height. Maximum height of accessory structures is set forth in district
dimensional tables in this chapter.
F.
Size.
(1)
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.
(2)
A single-story accessory structure, less than 16 feet in height,
and no more than 144 square feet in floor area, may be placed within
six feet of a side or rear property line regardless of zoning district,
provided that it is not placed within a front yard or corner side
yard.
G.
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 or corner side yard and shall otherwise comply with the side and rear setback requirements for accessory structures as set forth in § 260-19.
(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.
[Amended 2-28-2011 by Ch. No. 1743; 10-21-2019 by Ch. No. 1978; 10-26-2020 by Ch. No. 1997]
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 shall meet the barrier requirements listed in Rhode Island
State Building Code.
C.
The pool and its 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 shielded and directed away from abutting property
and adjacent streets.
[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 Property Maintenance Code Official or Zoning 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.
[1]
Editor's Note: former § 260-72, Gold driving ranges,
as amended 11-26-2001 by Ch. No. 1381, was repealed 10-26-2020 by Ch. No. 1997.
[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.
[Amended 10-26-2020 by Ch. No. 1997]
A.
A marina shall be considered a land development project and shall, in addition to all other required approvals, be reviewed and approved by the Planning Board in accordance with the provisions of Chapter A261.
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, the availability
of sanitation facilities and the accessibility of adjacent roads.
C.
Use of docks. Dock use shall be as permitted by the Rhode Island
Coastal Resources Management Council.
D.
Marine service structures. Docks, ramps, moorings and related marine
service structures shall conform to accepted siting and engineering
standards.
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 Administration and the Rhode Island Airport Corporation
in accordance with their published rules and regulations for the class
of airport proposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 4-9-2007 by Ch. No. 1598; 10-26-2020 by Ch. No. 1997]
A.
Parking required. Except as otherwise provided in this chapter, any
structure or use erected or developed must provide off-street parking
facilities in accordance with the following minimum standards.
(1)
Residential dwelling units:
(2)
Hotels/motels and inns: one car space per room plus one for every
three employees on the largest shift, plus one car space per four
seats capacity for each accessory use open to the public.
(4)
Hospitals, nursing homes and congregate housing.
(a)
Hospitals or institutions: one car space for each bed, and one
car space for every staff member/employee on largest shift.
(b)
Nursing homes: one car space per two beds plus one car space
per employee on largest shift.
(c)
Assisted living complex: one car space per two beds, plus one
car space per employee on largest shift.
(d)
Congregate housing complex: one car space per bed, plus one
car space per employee on largest shift.
(5)
Office use: one car space for every 250 square feet of floor space,
excluding stairways, service areas, storage and equipment areas; not
applicable to office space ancillary to a commercial use.
(6)
Retail and service business: 4.5 car spaces for every 1,000 square
feet of gross floor area up to 10,000 square feet; 4.75 car 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 car space per employee, plus one car
space per campsite, plus one car space per three campsites, if visitors
are permitted.
(b)
Golf course: four car spaces per green, plus one car 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 car spaces per RV site, plus
one car space per employee, plus one car space per five sites, if
visitors are permitted.
(d)
For all other outdoor recreation uses: one car 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.
(10)
In the DC-1, DC-2 and NB Zoning Districts the following standards
shall apply:
(a)
Dwelling units: one car space for each dwelling unit containing
up to two bedrooms, and one additional car space for any unit with
more than two bedrooms.
(b)
Restaurants, taverns and bars: one car space for every four
seats or every four persons of capacity.
(c)
Theatres and other places of assembly: one space for every six
seats or every six persons of capacity.
(d)
When an existing unit in a multi-unit commercial or mixed-use
building is repurposed with no expansion in gross floor area, no additional
off-street parking shall be required regardless of use.
(11)
Ministorage: 0.15 car space per 1,000 square feet of gross floor
area plus one per employee on largest shift.
[Added 5-1-2023 by Ch. No. 2034]
B.
Plans and specifications for off-street surface parking facilities.
Plans and specifications for a required off-street surface parking
facility and its access drives shall be submitted at the time of application
for a permit for the development or redevelopment of the use of the
property. In allocating area for off-street surface parking, 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. For driveways serving two-way traffic, the
aisle width shall be 24 feet, and drive aisles serving one-way traffic
shall have an aisle width of 15 feet. In no case shall the gross area
per parking space be less than 270 square feet. Such plans and specifications
for off-street surface parking shall include circulation, landscape,
directional signage and lighting plan.
C.
Regulations for off-street 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 commercial or industrial district as defined in § 260-12.
D.
Parking lots shall conform to the following regulations:
(1)
The area shall be paved and provided with bumper guards where needed,
except in areas designated as critical resource areas by the Coastal
Resources Management Council or otherwise required for stormwater
infiltration. The Planning Board, as part of its review and approval,
may require all or part of the parking area surface to be pervious,
or a combination of previous and impervious.
(2)
The surface parking lot shall have a five-foot-wide perimeter buffer
that shall be landscaped with ground cover, shrubs and trees that
are salt-tolerant and of seasonal interest. The buffer should be undulating
and have a variety of materials to provide interest and separation
from the site's parking surface. 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 the
buffer and the adjoining residential district.
(3)
Parking lot surfaces, curbing and landscaping shall be maintained,
including but not limited to regular sweeping, plowing, repaving and
striping, replacement of curbing, irrigation, pruning, and leaf collection.
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.
F.
Adult entertainment. All parking for employees and customers shall
be located between the building and the street on which the building
has frontage.
G.
Trailer trucks, heavy construction equipment, and associated trailers
may not be stored or parked greater than one hour in any twenty-four-hour
period in any residential area, except for heavy construction equipment
during the active on-site construction period.
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 Official 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.
KENNEL
KENNEL, COMMERCIAL
KENNEL, PRIVATE
Definition. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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.
[Added 6-8-2020 by Ch.
No. 1990]
A.
Definition. An establishment that provides food, shelter, water and
day care for dogs, cats and other similar domestic household pets
(collectively "pets") for all or part of the day only. This use primarily
provides daytime, cage-free play, care, and supervision of pets indoors
and outdoors to promote animal wellness and socialization but may
have crates to house to pets in the event of illness, injury, or as
deemed essential and necessary.
B.
Approval required. An application for a pet day-care facility shall
be made to the Zoning Enforcement Officer.
(1)
When the use is permitted by right, the Zoning Enforcement Officer
may grant approval administratively, provided that all of the requirements
set forth in this section are met.
(2)
When the use requires a special use permit, the Zoning Enforcement Officer shall refer the application to the Zoning Board of Review for review and approval pursuant to the standards set forth in this section, which may not be varied or waived, and in accordance with the procedures set forth in § 260-34.
C.
Standard requirements. In addition to the use and dimensional requirements
for the district in which the pet day-care facility is located, the
following standard requirements must be met.
(1)
Pet day-care facility, without outside runs:
(a)
All buildings, structures and facilities shall be a minimum
of 100 feet from any residential structure and a minimum of 100 feet
from any residential lot line.
(b)
Outdoor play, care and exercise is permitted for short periods
of time and only in enclosed areas where human supervision is present
the entire time.
(2)
Pet day-care facility, with outside runs:
(a)
The minimum lot area shall be three acres.
(b)
All buildings, structures, and facilities shall be a minimum
of 150 feet from any residential structure and a minimum of 150 feet
from any residential lot line.
(c)
Outdoor play, care and exercise areas shall be fenced and shall
provide shelter and water, proportionate to the number of pets, from
weather elements to include the sun.
(d)
There shall be no greater than five runs, and each run shall
only be used by one pet at a time.
(3)
Standards applicable to all pet day-care facilities.
(a)
Play, care, and exercise areas are prohibited in the front yard
area.
(b)
Adjacent properties shall be adequately protected from noise,
odors, and unsightly appearance.
(c)
Animals shall be confined to the lot at all times.
(d)
The area of operation shall be completely enclosed. External
play areas shall be completely fenced.
(e)
The facility operator shall require proof that each animal is
licensed by the municipality where the animal is kept, if applicable,
and shall require proof that each animal has up-to-date rabies, DHLIPP
(or DA2PP) and Bordatella vaccinations, if applicable.
(f)
On-site waste facilities shall be designed to accommodate all
animal waste generated and shall include hosing and cleanup capabilities.
(g)
The facility shall be allowed to operate no greater than 5:00
a.m. to 7:00 p.m. every day.
(i)
The use shall be subject to all federal and state statutes and
regulations, including without limitation Rules and Regulations Governing
Animal Care Facilities, 250-RICR-40-05-4, of the Rhode Island State
Regulations.
(j)
The facility operator shall maintain the appropriate license(s)
required for operation by the State of Rhode Island and Town.
(k)
The facility shall be designed, constructed, or retrofitted
and maintained so that sound emitted through exterior walls and roofs
enclosing areas where pets are kept and shall not exceed 45 decibels,
measured by DBA scale.
(l)
The owner or applicant shall provide certification from a registered
architect or acoustical engineer that the facility will meet the sound
requirements of this section.
(m)
Animals causing a nuisance outside shall be controlled or taken
inside if the animal cannot be controlled immediately.
(n)
Accessory uses may include training, behavioral counseling,
grooming, and retail sales of pet food and pet accessories and toys.
(o)
The use shall not include breeding facilities, kennels, or overnight
boarding.
(4)
Application requirements. All applications for a pet day-care
facility shall include the following:
(a)
A copy of each license required by the State of Rhode Island.
(b)
A detailed floor plan of the facility which shall include the
following:
[1]
Indoor and outdoor runs or cages, if applicable;
[2]
Interior and exterior doors;
[3]
Windows and vents;
[4]
Heating and cooling system;
[5]
Lighting;
[6]
Isolation or quarantine cages/runs/rooms;
[7]
Food storage;
[8]
Front desk or reception area;
[9]
Cooler and/or freezer;
[10]
Location of sprinklers and fire suppression systems;
[11]
Posted emergency evacuation plan or map;
[12]
Waste receptacles; and
[13]
Drainage systems.
(c)
A statement of the maximum number of animals, by species, that
the facility can accommodate.
(d)
A written plan for treating injured animals.
(e)
A written plan stating what will be done with aggressive animals.
(f)
A written evacuation plan for people and animals.
(g)
A list, and mailing labels, with the names and current addresses
of property owners within the notice area.
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 Article V, 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.
Special use permit. In conjunction with the special use permit application,
the applicant shall provide a plan showing the location of all buildings
and the location of storage areas.
[Amended 10-26-2020 by Ch. No. 1997]
B.
Screening. A solid or opaque fence of not less than seven feet in
height shall be required.
[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
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.
[Amended 10-26-2020 by Ch. No. 1997]
[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
The Zoning Board may grant a special use permit for a drive-through
or drive-up lane associated with any retail use, provided that the
following requirements are met.
A.
Minimum site area. The minimum site area for a drive-through lane,
not within a plaza, 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 with the drive-through lane which abuts the residential zone shall be equal to the setback of the abutting residential zone.
C.
Drive-through lanes. Drive-through lanes shall be at least 15 feet
wide and shall have no more than two access points from all public
rights-of-way and shall be harmonious with the interior circulation
within the parcel. No drive-through lane 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-through lanes
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 stacking lane shall provide a queue length of five to 25 spaces,
depending on the intensity of use, each space having a dimension of
10 feet by 18 feet. The applicant shall provide documentation to support
the number of spaces proposed for the queue length based on the proposed
use.
(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 by special use permit 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.
[Amended 10-26-2020 by Ch. No. 1997]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 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.
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]
[Amended 4-9-2007 by Ch. No. 1598; 1-10-2011 by Ch. No. 1737; 9-10-2012 by Ch. No. 1780; 11-5-2018 by Ch. No. 1944; 9-21-2020 by Ch. No.
1995; 10-26-2020 by Ch. No. 1997]
A.
Intent and purpose.
(1)
The intent and purpose of this section shall be to regulate, restrict
and place limitations on the overall number, size, location, alteration,
type and illumination of all signs; to provide for the use of signs
as a means of communication in a manner that is consistent with the
aesthetic New England historic and coastal qualities of the Town and
with pedestrian and traffic safety and to achieve the following general
purposes:
(a)
To protect and enhance commercial and residential property values
by creating a visually harmonious environment;
(b)
To promote the general business interests of the Town by maintaining
and improving the visual quality of commercial areas;
(c)
To provide for the general safety of the public by reducing,
over time, the distracting nature of numerous, visually diverse signs,
particularly along heavily traveled roadways; and
(d)
To enhance the traditional qualities and characteristics of
the Town of Westerly, and to further the objectives of the Comprehensive
Community Plan.
(2)
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. The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in § 260-33 unless otherwise noted.
(3)
Due to the complexities of site engineering and vehicle/pedestrian circulation associated with multi-occupant developments, such as shopping centers, educational and medical institutions, office parks, recreational facilities and mixed-use facilities, the owners of such development shall submit to the Planning Board an integrated signage package for any minor or major land development project approval pursuant to Chapter A261.
(a)
In addition to the submission requirements for a land development
project, the application shall include the information required by
this section for the issuance of a sign permit and the opinion and
recommendation of the Zoning Officer on consistency of the proposed
signage with the Zoning Ordinance.
(b)
In approving an integrated sign package, the Planning Board shall apply the standards applicable to land development projects under Chapter A261 and find that:
[1]
Such signage program would be consistent with the intent and
purpose of this section;
[2]
The placement of signs within the multi-occupant development
would be harmonious with the other aspects of the site plan; and
[3]
Such signage program would result in a more comprehensive and
attractive arrangement and display of signs than could otherwise be
accomplished under the standards of this section.
(c)
Planning Board approval of the integrated sign package does
not waive the requirement that the applicant obtain the necessary
relief from the Zoning Official or Zoning Board. In the event that
the applicant's integrated sign package requires any relief from existing
Zoning requirements, the applicant shall apply for that relief from
the Zoning Board and shall seek an advisory recommendation from the
Planning Board for the relief sought.
B.
ABANDONED SIGN
ALTERATION
BILLBOARD SIGN
(1)
(2)
(3)
CANOPY SIGN
COMMUNITY EVENT SIGN
FLAG
FOOTCANDLE
FREESTANDING SIGN
GOVERNMENT/REGULATORY SIGN
IDENTIFICATION SIGN
INFLATABLE SIGN
MANUAL CHANGEABLE COPY SIGNS
MARQUEE
MARQUEE SIGN
MULTI-OCCUPANT SIGN
NONCONFORMING SIGN
PORTABLE SIGN
PROJECTING SIGN
ROOF SIGN
SANDWICH BOARD SIGN
SNIPE/BANDIT SIGN
VEHICULAR SIGN
WALL SIGN
WINDOW SIGNS
Definitions. For the purposes of this section, the following terms
shall have the meaning stated herein:
A sign which has not identified or advertised a business,
service, owner, product, or activity for a period of at least 180
days.
A change in the size, shape, or structure of the sign or
its support, a change in the mechanical facilities, type of illumination
or mode of operation of an existing sign. Copy or color change of
an existing sign is not an alteration.
A sign for which the message display is mounted on a permanent
structure, that meets any of these criteria:
A permanent structure sign which is used for the display of
off-site products, goods, services, facilities, events or attractions
not made, sold, used, served or available on the lot displaying such
sign; or
A permanent structure sign which constitutes a principal, separate
or secondary use, as opposed to an accessory use, of the parcel on
which it is located; or
A permanent structure outdoor sign used as advertising for hire,
e.g., on which display space is made available to parties, other than
the owner or operator of the sign or occupant of the lot (not including
those who rent space from the sign owner, when the message on the
sign is for the entity operating at the site) for a rent or other
consideration.
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 temporary portable signs to be used by government,
quasi-government, institutions, libraries, schools and nonprofit organizations
for promotion of special limited duration events.
Any sign printed or painted on cloth, plastic, canvas, or
other like material with distinctive colors, patterns, or symbols
attached to a pole or staff and anchored along only one edge or supported
or anchored at only two corners, including feather signs.
A unit of incident light (on a surface) stated in lumens
per square foot and measurable with an illuminance meter, a.k.a. footcandle
or light meter. One footcandle is equal to one lumen per square foot.
A sign placed on the ground or supported by one or more uprights,
poles or other supports placed in or upon the ground. A freestanding
sign does not include temporary signs placed on sidewalks.
Any sign for the control of traffic or for identification
purposes, street signs, warning signs, railroad crossing signs, and
signs of public service companies indicating danger or construction,
which are erected by or at the order of a public officer, employee
or agent thereof, in the discharge of official duties.
A sign, located on the premises, which indicates the names,
911 address, and/or identifying symbol of:
A sign in the form of an air-inflated object of various shapes
that is made of flexible fabric and placed on the ground or a structure.
A sign or portion thereof on which the copy or symbols are
changed manually through placement or drawing of letters or symbols
on a sign face.
A permanent structure, other than a roof or canopy, attached
to, supported by, and projecting from a building and providing protection
from the elements.
Any sign attached to a marquee for the purpose of identifying
a use or product. If attached to a theater, performing arts center,
cinema, or other similar use, it may also advertise films or productions.
A freestanding sign used to advertise businesses that occupy
a shopping center or complex with greater than one occupant.
A sign that was legally erected and maintained at the effective
date of the Zoning Ordinance, or amendment thereto, that does not
currently comply with sign regulations of the district in which it
is located.
A sign designed to be transported or moved and not permanently
attached to the ground, a building, or other structure.
A sign which is wholly or partly dependent upon a building
for support and which projects more than 15 inches from the building.
A sign mounted on, against or directly above the roof or
on top of or above the parapet of a building or structure.
A type of freestanding, portable, temporary sign consisting
of two faces connected and hinged at the top and whose message is
targeted to pedestrians (also known as "A-frame sign").
A sign that is tacked, nailed, posted, pasted, glued, or
otherwise attached to trees, poles, stakes, fences, public benches,
streetlights, or other objects, or placed on any public property or
in the public right-of-way.
A type of freestanding, portable, temporary sign affixed
to a vehicle in such a manner that the sign is used primarily as a
stationary advertisement for the business on which the vehicle sits
or is otherwise not incidental to the vehicle's primary purpose.
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.
Any sign that is applied, painted, or affixed to a window,
or placed inside a window, within three feet of the glass, facing
the outside of the building, and which is visible from any public
or private sidewalk, street or highway. Customary displays of merchandise
or objects and material without lettering behind a store window are
not considered signs.
C.
Sign permits. New signs shall not be erected, and legally existing
signs shall not be replaced, relocated or altered, 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 Office. The application shall
include plans and specifications of the proposed sign, which, at a
minimum, describe dimensions, area, maximum and minimum height, proposed
message and design, materials, colors, method of construction, method
of illumination for each sign, and clearly indicates the location
of each sign 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 or
signs will be located.
D.
General standards. Unless otherwise specified, the following standards
shall apply in all zoning districts:
(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 except for a
sign stating "open" which does not 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
NB Zoning District. No sign may be illuminated such that it is brighter
than 0.3 footcandle above ambient light levels, as measured at 150
feet from the sign. In addition, the following rules shall apply to
all illuminated signs intended to be viewed from the exterior.
(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. Unless permitted under Subsection K, Existing nonconforming signs, signs shall be located only on the property of the business, organization or activity they are intended to identify and, unless otherwise permitted, shall not project over any property line. In addition, the following rules shall apply:
(a)
No sign shall be located on any corner so as to violate the corner visibility requirements of Chapter 260, Zoning.
(b)
No sign shall be so located as to obstruct or interfere with
the visibility or movement of vehicular or pedestrian traffic.
(c)
No sign shall be located on a sidewalk unless otherwise permitted.
(4)
Computation of sign area.
(a)
The area of a sign shall be computed from the inner dimensions
of the frame, trim or molding by which the sign is enclosed.
(b)
When a sign consists of individual letters, symbols, or characters,
and it is not framed, its area shall be computed as the area of the
smallest rectangle which encloses all the letters, symbols or characters.
(c)
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, (e.g., a sandwich
board sign). Otherwise, all faces of the sign shall be used to compute
the sign area.
(5)
Wall sign standards.
(a)
No wall sign shall extend beyond the outer edge of any wall
or above the eaves of the building to which it is attached.
(b)
A wall sign shall be parallel to the wall to which it is attached
and shall not project more than 15 inches therefrom.
(c)
No wall sign shall be painted directly upon any wall.
(d)
The size for all wall signs shall be as hereinafter set forth.
(6)
Freestanding sign standards.
(a)
If the lot 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.
(b)
No part of any freestanding sign shall be located within 10
feet of any lot line.
(c)
Only one freestanding sign shall be permitted on a lot even
if there is more than one building or use on that lot.
(d)
The size and height for all freestanding signs shall be as hereinafter
set forth.
(7)
Projecting signs standards.
(a)
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.
(b)
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.
(c)
The size for all projecting signs shall be as hereinafter set
forth.
(8)
Maintenance of signs. All signs, including all supports, braces,
guys and anchors, shall be kept in good repair and shall be kept clean,
neatly painted and free from all hazards so as not to endanger the
public health or safety. Such areas shall be maintained in a clean,
sanitary and healthful condition.
(9)
Changeable copy signs. Manual changeable copy signs are permitted
only when integrated into a freestanding, marquee, wall, or portable
sign. A permit shall not be required to change the message of the
manual changeable copy sign.
(10)
Prohibited signs. The following signs are prohibited in all
zoning districts, unless otherwise permitted by this section:
(11)
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.
E.
Signs permitted by right. Unless otherwise specified, the following
signs are permitted by right in all zoning districts and do not require
a sign permit:
(1)
Signs not exceeding six square feet in area that are not of a commercial
nature, such as:
(2)
Government/regulatory signs erected by or pursuant to the authorization
of a governmental or quasi-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 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 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)
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 shall
be removed immediately after sale, lease, or rental.
(7)
Community event signs. Such signs are not intended to be permanent
and shall be limited to display 10 days prior to the special event
and are to be removed immediately thereafter. Community event signs
shall not obstruct sight-line vision of motor vehicles or constitute
a hazard to pedestrians.
(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 in or on 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.
(10)
The flag of a foreign nation, the United States, State of Rhode
Island and Providence Plantations, Town of Westerly, associated with
the United States military, National Guard, police and fire departments.
F.
Signs permitted in all zoning districts. The following signs shall
be permitted in all zoning districts subject to the issuance of a
sign permit:
(1)
Construction signs. One construction or renovation sign, not to exceed
six square feet in residential zoning districts or 12 square feet
in all other zoning districts, 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.
G.
Signs permitted in all residential and OSR Zoning Districts. All signs in residential and OSR Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in residential zoning districts:
(1)
Identification sign. A sign identifying an area of open space for
recreation, the name of a farm or agricultural activity, a subdivision
or neighborhood not to exceed six square feet or be higher than six
feet;
(2)
Home occupation sign. Signs identifying a home occupation permitted pursuant to § 260-65 not to exceed 1.5 square feet;
(3)
Public recreation signs. A sign identifying public access is allowed
in an area of open space for recreation, not to exceed 1.5 square
feet in area.
H.
Signs permitted in HC, GC, SC-G, CR, GI and LI Zoning Districts. All signs in the HC, GC, SC-G, CR, GI and LI Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the HC, GC, SC-G, CR, GI and LI Zoning Districts:
(1)
A single-occupant parcel shall be allowed one of each of the following
types of signs:
(a)
A freestanding sign, not exceeding 36 square feet, which shall
include the name and 911 address of the occupant. The freestanding
sign shall not exceed the height of the building to which it is related
or a height of 16 feet, whichever is less. A freestanding sign shall
not be permitted for an individual occupant located in a multi-occupant
building or in a multi-business shopping center;
(b)
A projecting sign which shall not exceed 12 square feet;
(c)
A wall sign which shall not exceed one square foot for each
linear foot of the street-facing facade of the building to which the
sign will be attached; and
(d)
A canopy sign which shall not exceed one square foot for each
linear foot of the street-facing facade to which the canopy sign will
be attached.
(2)
Signs within a multi-occupant parcel shall be in accordance with
the following:
(a)
One freestanding sign, not to exceed 72 square feet, which shall
identify the name and 911 address of the multi-occupant (i.e., center
or plaza) and may list each of its occupants. The multi-occupant freestanding
sign shall not exceed the average height of the buildings to which
it is related or a height of 16 feet, whichever is less.
(b)
Each occupant within a multi-occupant parcel may have a wall
sign not exceeding one square foot for each linear foot of the street-facing
facade of the unit or units occupied. The total area of all wall signs
shall not exceed one square foot for each linear foot of the street-facing
facade of the building to which the signs will be attached.
(c)
The design, placement and location of signs within a multi-occupant
parcel shall be harmonious with one another.
(3)
Exposed neon tube signs may be displayed in interior windows, provided
that the neon tube shall not exceed 0.5 inch in diameter.
I.
Signs permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts. All signs in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless otherwise specified below, and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts:
(1)
Window signs. Window signs, as defined in this section, for nonresidential
uses shall be permitted subject to the following regulations:
(a)
Area. A maximum of 15% of the total window area of any single
storefront may be used for permanent signs that are etched, painted,
or otherwise permanently affixed to the window. A maximum of 25% of
the total window area of any single storefront may be covered by a
combination of permanent and temporary window signs.
(b)
Illuminated signs may be displayed in interior windows, provided
that any neon sign tube shall not exceed 0.5 inch in diameter; no
sign may be illuminated such that it is brighter than 0.3 footcandle
above ambient light levels, as measured at 150 feet from the sign;
and the light shall not be illuminated during nonbusiness hours.
(2)
Wall signs: one wall sign which shall not 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.
(3)
Freestanding signs: one freestanding sign per lot, provided that:
it shall not exceed 36 square feet, it shall not exceed six feet in
height, measured from the ground to the top of the sign, and it may
abut the property line, but it shall not be located on or projected
over a sidewalk. A freestanding sign shall not be permitted for an
individual business located in a multi-occupant building or parcel;
however, one multi-occupant freestanding sign may be permitted for
the building or parcel to provide joint identification of the occupant
business enterprises and the name of the building or center.
(4)
One projecting sign, per structure and/or unit, provided that:
(5)
Portable signs, provided that:
(a)
No greater than one portable sign shall be on each sidewalk
directly abutting the unit it advertises.
(b)
A portable sign shall not be greater than 12 square feet and
in the case of a sandwich board sign shall not be greater than four
feet tall and three feet wide at the base.
(c)
A portable sign may only be displayed during the hours that
the business is open, and it shall be removed from the sidewalk when
the business closes each day.
(d)
The portable sign shall not inhibit pedestrian or handicap access
to, or on, the sidewalk.
(6)
A marquee sign, provided that:
(a)
The marquee and marquee sign are historic in nature and are
approved by the Rhode Island Historical Preservation and Heritage
Commission.
(b)
The marquee and marquee sign match the design and function of
a previously permitted marquee at the site.
(c)
The marquee and marquee sign are approved by the Rhode Island
Historical Preservation and Heritage Commission, which approval must
be received and provided to the Zoning Official before the Zoning
Official may issue a permit.
(d)
Use of modern technology, such as LED, OLED, and plasma screens,
as well as computer or processor driven signage to allow illuminated
projection or movement of any form of digital media, is permitted
if it evokes and mimics the look, feel and function of the historic
marquee sign being replaced, refaced, or refurbished.
(e)
Marquee signs employing the use of modern technology shall not
operate between 2:00 a.m. and 5:00 a.m.
(f)
Illuminated marquee signs may not be brighter than 0.3 footcandle
above ambient light levels, as measured at 150 feet from the sign.
(g)
A permit shall not be required to change the message or content
of a marquee sign.
(7)
Canopy signs, provided that:
(a)
The bottom edge of the awning, canopy, or other fabric, plastic
or structural protective cover over a door, entrance, window, walkway
or outdoor service area shall be at least seven feet above the ground.
(b)
The bottom edge of any hanging sign attached to the canopy shall
be at least eight feet above the ground.
(8)
Banners, flags and temporary signs are prohibited unless permitted in accordance with Subsection E.
(9)
Unless otherwise permitted by this section, all signs must be for
a business(es) on the same lot and for the unit that the sign is located
on. Additional signs are not permitted on the basis that there is
greater than one business on the lot.
J.
Adult entertainment business. Signs for adult entertainment businesses
shall be subject to the following restrictions and prohibitions:
(1)
Perpendicular or protruding signs are prohibited. Signs shall be
parallel to 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.
K.
Existing nonconforming signs.
(1)
Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this section may continue, although such sign does not conform to the provisions of this section. Notwithstanding, in accordance with § 260-86C and D, a nonconforming sign will not be grandfathered into use should it need to be replaced, relocated or altered or should it not be properly maintained to the standards set by these regulations.
(2)
Maintenance. A nonconforming sign may be maintained in compliance with § 260-86D(8), General standards, without requiring a permit.
(3)
Repair or reface. A nonconforming sign may be repaired (including
refacing), provided that a sign permit explicit to the specific scope
of the repair is obtained and the sign shall not be structurally altered
in any way unless it conforms with this article. If the cumulative
cost during any twelve-month period to repair or reface the nonconforming
sign exceeds 50% of the fair market value of the sign before the start
of the repair or refacing, then the repair or refacing shall be considered
a replacement of the nonconforming sign.
(4)
Replacement, relocation, or alteration. Any sign replacing or relocating a nonconforming sign shall conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed. A nonconforming sign shall not be altered as defined herein. If a nonconforming sign is altered, the sign shall be made to conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed.
[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; amended 9-21-2020 by Ch. No.
1995; 10-26-2020 by Ch. No. 1997]
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. An application for a building permit under
this section shall be reviewed and approved by the Zoning Officer
prior to the permit being issued.
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 minimum safety factor of 1.5 lateral
sliding and overturning (Reference: Rhode Island Building Code: Retaining
Walls).
D.
Retaining walls in excess of six feet shall be designed 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 site plan and wall design signed, stamped
and dated by a professional engineer licensed to practice in the State
of Rhode Island 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 multiplied by a
factor of 0.75.
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.
[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 (see Chapter 127, Floodplain Management):
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
TOWER HEIGHT
WIND ENERGY SYSTEM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The height above grade of the fixed portion of the tower,
excluding the wind turbine itself.
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.
[Amended 6-28-2017 by Ch. No. 1892; 10-26-2020 by Ch. No. 1997]
(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.
(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 R.I.G.L. 45-23-62.
B.
Development plan review by the Planning Board shall be regulated by the following standards in conjunction with those contained in § 260-45F:
[Amended 10-26-2020 by Ch. No. 1997]
(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 that 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.
(17)
An enclosed stairway and elevator for providing handicap access
to a rooftop deck over residential unit(s) shall be permitted, provided
that it is no higher than necessary to achieve such access.
(18)
The Planning Board may hire an historical consultant, at the
applicant's expense, to review the project for purposes of identifying
impacts to the property which can reasonably be expected to diminish
or destroy its historical qualities and to provide a recommendation
to the Planning Board.
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.
CARDHOLDER
CAREGIVER CULTIVATION
COMPASSION CENTER
COMPASSION CENTER CARDHOLDER
LICENSED CULTIVATOR
MARIJUANA STORE
NONRESIDENTIAL COOPERATIVE CULTIVATION
PATIENT CULTIVATION
RESIDENTIAL COOPERATIVE CULTIVATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Marijuana cultivation for medical use only by a single registered
caregiver cardholder, as defined in RIGL 21-28.6.
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.
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.
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]
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.
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.
Marijuana cultivation by a single registered patient cardholder
for medical use only, as defined in RIGL 21-28.6.
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 23-27.3-108.1.1. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 23-27.3-108.1.1. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 23-27.3-108.1.1. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 23-27.3-108.1.1. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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
23-27.3-108.1.1. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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)
ACCESSORY SOLAR ENERGY SYSTEM
ARRAY PERCENT COVERAGE
ARRAY SIZE
MECHANICAL PAD COVERAGE
PHOTOVOLTAIC SYSTEM (PHOTOVOLTAIC INSTALLATION)
PRIMARY SOLAR ENERGY SYSTEM
RATED NAMEPLATE CAPACITY
SOLAR ACCESS
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
SOLAR ENERGY SYSTEM, OFF-GRID
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
SURFACE AREA
Except otherwise stated herein, the following definitions shall
apply to all solar installations in the Town of Westerly:
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 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 equals (number of panels multiplied by size of
panel) plus (mechanical pad coverage) expressed in square feet or
square acres.
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.
An active solar energy system that converts solar energy
directly into electricity.
An installation designed for off-site sales in excess of
the power consumed on site.
The maximum rated output of electric power production of
the photovoltaic system in watts of direct current (DC).
The access of a solar energy system to direct sunlight.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
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.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size.
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.
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 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.
[Amended 10-26-2020 by Ch. No. 1997]
(2)
Dual uses. A lot located in General Industrial Zoning District (as defined by § 260-12) may have dual principal uses so long as one of those dual principal uses is a solar energy system permitted by right or special use permit in the Zoning District. Review of a project that is proposing dual principal uses, one of which is a solar energy system, shall be as a major land development (Chapter A261). In addition to the submission requirements for a major land development, all applications to the Planning Board shall also meet the requirements of § 260-87.8. On applications requiring a variance (§ 260-33) or special use permit (§ 260-34), Planning Board approval shall be advisory to the Zoning Board of Review.
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 ground-mounted 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.
[Amended 10-26-2020 by Ch. No. 1997]
(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.
(9)
All solar energy systems, and accessory equipment, shall be
designed to minimize impact on the aesthetic views and historic character
of the Downtown District and the Villages of Weekapaug and Watch Hill
and the Bradford historic village.
[Added 10-26-2020 by Ch.
No. 1997]
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.
[Amended 10-26-2020 by Ch. No. 1997]
(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, at a minimum, be constructed pursuant to the National Electrical
Code Section 110.31 as amended. The fence shall be of appropriate
aesthetic and integrate into the surrounding area and the general
character of the area.
(3)
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. If clearing of forest or woodland is proven
to be unavoidable by the applicant, such clearing shall be limited
to no more than 30% of the sum of the total area of the solar panels,
their buffer area and fencing in all zoning districts except the General
Industrial and Light Industrial Zones, and shall be limited to clearing
for those purposes. In the General Industrial and Light Industrial
Zones, clearing shall be limited to 50% of the sum of the total area
of the solar panels, their buffer area and fencing. For the purpose
of the 30% or 50% calculation, any land cleared for any purpose within
five years prior to submission of the application is deemed uncleared
land. The applicant shall provide a complete evaluation of the environmental
resources on the site, including but not limited to, the quality and
quantity of mature trees and presence of flora and fauna located on
the site as well as whether this site is a known habitat for wildlife,
including but not limited to birds, deer and coyotes. A determination
that clearing of the site will not have an adverse impact on these
natural resources or the environment shall also be provided. Botanists,
wetland specialists, arborists, wildlife biologists and wildlife ecologists
shall be consulted to perform such evaluations and shall be licensed
professionals in their field of study. The oral or written opinion
of the applicant will not alone be deemed sufficient justification
for the requested clearcutting without the input of the experts previously
listed. Clearing of natural vegetation shall be strictly limited to
what is necessary for the construction, operation, and maintenance
of the solar energy systems. 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 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 firesafety 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 system 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.
(9)
All solar energy systems, and accessory equipment, shall be
designed to minimize impact on the aesthetic views and historic character
of the Downtown District and the Villages of Weekapaug and Watch Hill
and the Bradford historic village.
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 Official 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.
