Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents

§ 260-60 Residential buildings.

§ 260-61 Two-family dwelling.

§ 260-62 Three-family dwelling.

§ 260-63 Multifamily dwellings of four or more units.

§ 260-64 Mixed-use developments.

§ 260-65 Home occupations.

§ 260-66 Accessory structures.

§ 260-67 Swimming pools.

§ 260-68 Fences, walls and ISDS systems.

§ 260-68.1 Temporary fencing.

§ 260-69 Recreational vehicles in residential districts.

§ 260-70 Commercial vehicles in residential districts.

§ 260-70.1 Unregistered/uninspected vehicles in residential districts.

§ 260-71 Cemeteries.

§ 260-72 Golf driving ranges.

§ 260-73 Golf courses.

§ 260-74 Riding/boarding stables.

§ 260-75 Boatyards/marinas.

§ 260-76 Airports/heliports.

§ 260-77 Off-street parking regulations.

§ 260-78 Off-street loading.

§ 260-79 Kennels.

§ 260-80 Automotive sales/rental/repair service.

§ 260-81 Gas sales.

§ 260-82 Motor vehicle junkyard.

§ 260-83 Drive-in uses.

§ 260-84 Hazardous waste management facility siting.

§ 260-85 Communication installations.

§ 260-86 Signs.

§ 260-86.1 Billboard relocation.

§ 260-87 Development standards for assisted living/congregate housing.

§ 260-87.1 Development standards for oceanfront historic hotels.

§ 260-87.2 Municipal water facilities.

§ 260-87.3 Retaining walls.

§ 260-87.4 Mixed Residential and Commercial Use.

§ 260-87.5 Wind energy systems.

§ 260-87.6 Development standards for Shore Commercial - Watch Hill (SC-WH).

§ 260-87.7 Medical marijuana.

§ 260-60 Residential buildings.

[Amended 7-19-2010 by Ch. No. 1719; 7-8-2013 by Ch. No. 1790]
No more than one residential building shall be permitted on a lot. The structural interconnecting of buildings to meet this requirement is prohibited. A residence shall not be converted to increase the number of dwelling units, unless multiple-unit dwellings are allowed in the district in which the building is located, the yard dimensions and lot area meet the dimensional and area requirements of the zoning district for new multiple-unit dwellings, and the appropriate permits for proper disposal of sewage are obtained. Soil erosion and sediment controls shall be installed prior to the start of work at the direction of the Westerly Zoning Official and/or the Building Official in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials. All lots, single-family, two-family or multifamily, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking that exceeds 16 feet in width. Existing sidewalks and curbing shall not be removed except at driveway opening and shall not exceed 20 feet in width.

§ 260-61 Two-family dwelling.

[Amended 7-8-2013 by Ch. No. 1790]
The minimum lot size for a two-family dwelling shall be two times the minimum lot size of the zoning district within which such use is permitted. Soil erosion and sediment controls shall be installed prior to the start of work at the direction of the Westerly Zoning Official and/or the Building Official in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials. All lots, single-family, two-family or multifamily, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway opening and shall not exceed 20 feet in width.

§ 260-62 Three-family dwelling.

[Amended 7-8-2013 by Ch. No. 1790]
The minimum lot size for a three-family dwelling shall be three times the minimum lot size of the zoning district within which such use is permitted. Soil erosion and sediment controls shall be installed prior to the start of work at the direction of the Westerly Zoning Official and/or the Building Official in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials. All lots, single-family, two-family or multifamily, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway opening and shall not exceed 20 feet in width.

§ 260-63 Multifamily dwellings of four or more units.

[Amended 5-15-2000 by Ch. No. 1300; 10-30-2000 by Ch. No. 1329]
A. 
In the HDR-6 and HDR-15 Zoning Districts, property being developed for four or more residential units is permitted by special use permit under § 260-34 and further governed by both the districts' dimensional regulations (See § 260-19) and the following:
(1) 
Location of structures within a lot shall be established as far as practicable from any one- and two-family homes on adjacent lots. Said locations, together with all parking areas and other impervious surfaces, shall be depicted on the site plan accompanying the special use permit application, and the plan for which a special use permit is granted shall be adhered to. Projects submitted for approval shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway opening and shall not exceed 20 feet in width.
[Amended 7-8-2013 by Ch. No. 1790]
(2) 
Landscape buffers shall be maintained along the side and rear lots of 20 feet in HDR-6 Zoning Districts and 30 feet in HDR-15 Districts.
(3) 
Townhouse structures of not more than four units per structure may be permitted on any lot conforming to the dimensional standards. (See § 260-19.). Multifamily buildings may be permitted only on lots with a minimum of two acres in HDR-6 and a minimum of four acres in HDR-15 Zoning Districts.
(4) 
All multifamily units shall be limited to not more than two bedrooms.
B. 
With respect to those specific properties listed in Appendix G hereto,[1] which is incorporated herein by reference, dwelling units arranged as single-detached, double-detached, and attached townhouses and/or combinations thereof, assisted living and/or congregate housing units are permitted by special use permit pursuant to § 260-34 with the additional requirement that the Zoning Board shall also be satisfied by legally competent evidence that all best practices and procedures to minimize the possibility of any adverse effects on the neighboring property, the Town of Westerly, and the environment have been considered and will be employed, including but not limited to consideration of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation and are further governed by the following:
(1) 
Purpose: The purpose of this provision is to provide for coherent development and variety of housing types with respect to certain property in which the underlying zoning district is MDR-30, LDR-40, or RR-60 and located north of Route 1A.
(2) 
Permitted uses: The permitted uses shall be limited to residential dwelling units and those accessory uses thereto permitted in the underlying zoning district. Rehabilitative facilities built in conjunction with assisted living/congregate housing complexes shall also be permitted. Twenty percent of said assisted living and congregate housing units may be devoted to skilled nursing beds.
(3) 
Minimum contiguous lot area: 50 acres.
(4) 
Minimum lot area exclusive of wetlands: 30 acres.
(5) 
Minimum lot frontage and width: 50 feet.
(6) 
Maximum height of structures:
(a) 
Assisted living/congregate housing: 42 feet (not to exceed three stories).
(b) 
All other structures: 35 feet.
(7) 
Density regulations:
(a) 
The number of bedrooms permitted on each site shall be determined as follows:
[1] 
Step 1: Deduct from the gross area of the property the freshwater and coastal wetlands.
[2] 
Step 2: Deduct an additional 15% of the area of the property remaining after Step 1.
[3] 
Step 3: Deduct the area of any existing utility easements within the property.
[4] 
Step 4: Divide the remaining land resulting from Steps 1, 2, and 3 by the minimum lot size in the existing (underlying) zoning district.
[5] 
Step 5: Multiply the result of Step 4 by three.
(b) 
Dwelling units containing up to the maximum number of bedrooms in units of at least two bedrooms may be arranged in single detached, double attached, and attached townhouses to a maximum of six units per structure. Assisted living and congregate housing complexes may include single-bedroom units and may include more than six units per structure.
(8) 
Buffer strip. A minimum strip, 100 feet in width, shall be maintained as a landscaped buffer along all side and rear lot lines in such developments and a strip 50 feet in width shall be maintained along the front lines as landscaped buffer strip.
(9) 
Off-street parking. Minimum off-street parking shall be provided and maintained as follows:
(a) 
Two car spaces of at least 270 square feet per dwelling unit. The 270 square feet may include servicing drives.
(b) 
No parking shall be permitted within the landscaped buffer strips.
(c) 
Off-street parking spaces and servicing drives shall be located within the boundaries of the development.
(d) 
The number of parking spaces required for assisted living/congregate housing complexes shall be as required in § 260-77A(4)(c) and (d).
(10) 
Lot coverage. The total ground area for all impervious surfaces shall not exceed the percentage of lot coverage in the zoning district.
(11) 
Structures, parking and other improvements shall be located as far as practicable from the property boundaries.
(12) 
All areas not proposed and permitted for structures and parking shall be designated recreation and open space, and the developer must convey to the Town a conservation restriction in the form of a development easement, in perpetuity. The Town shall be deemed to hold such development easement for the benefit of the Town as well as for the benefit of property owners within and abutting the Planned District, their successors and/or assigns, and may not release or modify said development easement in whole or in part without the unanimous consent of the property owners and the approval of the Town Council. The fee title to all or a portion of the areas not proposed and permitted for structures and parking may be conveyed to a nonprofit land conservation organization subject to said development easement. [See RIGL 45-24-47(D)]. An open space management plan shall accompany the application for review by and inclusion in the Zoning Board approval.
[1]
Editor’s Note: Appendix G is included at the end of this chapter.

§ 260-64 Mixed-use developments.

[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
(6) 
Includes dwelling units that provide long-term housing that is affordable for low- or moderate-income households. The increased building density in mixed-use developments serves as a municipal subsidy to facilitate construction of affordable dwelling units pursuant to § 260-50.
B. 
Approval procedure.
(1) 
Mixed-use developments shall be reviewed as major land development projects according to procedures in § A261-28 of the Land Development and Subdivision Regulations and shall also be subject to the requirements of § 260-45, Development plan review. Provisions of § 260-64 shall not apply to developments that are exclusively for commercial or business and professional services, in which no housing units are proposed.
(2) 
Mixed-use developments may be comprised of more than one lot and be located in one or more buildings or structures.
C. 
Permitted locations and uses. Mixed-use developments are allowed in the following zoning districts: Highway Commercial (HC), General Commercial (GC), Downtown Center 1 (DC-1), Downtown Center 2 (DC-2), Neighborhood Business (NB), Professional (P-15), Shore Commercial General (SC-G), and Shore Commercial Watch Hill (SC-WH). A mixed-use development may include any use allowed as of right or by special use permit (provided such special use permit is separately obtained from the Zoning Board) as listed in the following table and may include any combination of principal uses, including more than one use on a lot. Uses not listed in the table are prohibited.
Mixed-use development — Zoning District Use Table
P = permitted use; S = special use permit; N = not permitted
Code
Use
HC
GC
DC-1
DC-2
NB
P-15
SC-G
SC-WH
A-18
Housing units in mixed-use developments
P
P
P
P
P
P
P
P
F-2.3
Paint, glass, wallpaper and hardware
P
P
N
P
P
N
N
N
F-3.1
General merchandise
P
P
P
P
S
N
P
P
F-3.2
Furniture and home furnishings
P
P
P
P
S
N
N
N
F-3.3
Household appliance stores
P
P
P
P
S
N
N
N
F-3.4
Radio, TV, music stores, computer sales and service
P
P
P
P
S
N
N
N
F-3.5
Photo processing and accessories
P
P
P
P
N
N
N
N
F-4.2
Grocery stores, delis, meat, fish, fruit, dairy and bakeries (less than 10,000 square feet)
P
P
S
P
S
N
S
S
F-6.1
Shoes, tailor, dressmaker and miscellaneous apparel
P
P
P
P
P
N
P
P
F-7.1
Restaurants (no alcoholic beverages)
P
P
P
P
P
N
P
P
F-7.2
Restaurants (alcoholic beverages)
P
P
P
P
S
N
S
S
F-7.3
Taverns/hotels (alcoholic beverages)
P
P
S
S
S
N
S
S
F-8.1
Drugstores, newsstands, antique stores, bookstores/stationary stores, sporting goods, jewelry stores, gift, novelty, souvenir shops, optical goods stores and video stores
P
P
P
P
P
N
P
P
F-8.3
Sporting goods and bicycle shops
P
P
P
P
P
N
P
P
F-8.5
Banking services
P
P
P
P
N
S
N
N
F-8.6
Pet shops
P
P
P
P
N
N
N
N
F-8.7
Liquor/package store
P
P
N
P
N
N
N
N
G-1.1
General commercial offices
P
P
S
P
S
S
S
S
G-1.3
General and professional offices
P
P
P
P
P
P
P
P
G-2.1
Laundry dropoff/pickup (no on-site cleaning)
P
P
S
P
S
N
S
S
G-2.4
Beauty shops and barbershops
P
P
P
P
P
N
S
S
G-2.5
Shoe repair and shoe shine
P
P
P
P
P
N
S
S
G-2.9
Travel agencies
P
P
P
P
S
N
S
S
G-2.10
Personal services not herein specified
S
S
S
S
S
S
S
S
G-4.1
Electrical/electronic repair shop
P
P
S
P
S
N
N
N
G-4.3
Small appliance repairs
P
P
S
P
S
N
N
N
G-5.1
Studios/dance schools
P
P
P
P
P
N
N
N
G-5.7
Exercise center, gymnasium
P
P
P
P
P
N
N
N
G-5.8
Charitable recreation
N
P
P
P
N
P
S
S
H-1
Federal government/postal service
P
P
P
P
S
S
S
S
H-2
State and local government
P
P
P
P
S
S
S
S
H-11
Library or museum
S
S
S
S
S
S
S
S
H-12
Place of religious worship
S
S
S
S
S
S
N
N
H-14
Day-care/child-care center
S
S
S
S
S
S
S
S
I-2
Playgrounds
P
P
P
P
P
P
P
P
J-1
Accessory to a permitted use
P
P
P
P
P
P
P
P
J-2
Accessory to a special permit
S
S
S
S
S
S
S
S
J-5
Off-street parking
P
P
P
P
P
P
P
P
J-6
Customary home occupation
(less than 150 square feet)
P
P
P
P
P
P
P
P
D. 
Required mix of residential and nonresidential uses.
(1) 
Mixed-use developments shall contain a combination of residential and nonresidential uses. To ensure that commercial, business, professional or public uses remain paramount and not be placed in a secondary role to residential uses, the following table establishes a maximum percentage of gross floor area for residential uses in relation to the nonresidential uses listed in Subsection C above, unless otherwise provided for in § 260-87.4.
Zoning District
Maximum Residential Gross Floor Area
(square feet)
HC
2 residential/1 nonresidential
GC
2 residential/1 nonresidential
DC-1
3 residential/1 nonresidential
DC-2
3 residential/1 nonresidential
NB
2 residential/1 nonresidential
P-15
1 residential/1 nonresidential
SC-G
2 residential/1 nonresidential
SC-WH
1 residential/1 nonresidential
(2) 
The street-level floor of any mixed-use building shall consist entirely of commercial, business, professional or public uses, unless otherwise provided for in § 260-87.4. Except for entries, stairs, and elevators comprising no more than 10% of the gross floor area that provide access to upper-floor housing units, the street-level floor shall not be used for residential purposes. Nonresidential uses are permitted on upper stories of a structure. Residential uses shall not be permitted in the basement; provided, however, that storage for residences located within a building shall be allowed in basements as an accessory use.
(3) 
The Zoning Board of Review may grant a special use permit, pursuant to § 260-34, for relief from the requirements for maximum residential gross floor area set forth in Subsection D(1) above, provided that the Zoning Board of Review shall be satisfied, by legally competent evidence entered into the record, that in addition to the standards set forth in § 260-34D, the following standards are met:
(a) 
The surrounding structures are of similar size and configuration;
(b) 
The structure is preexisting, with a height of at least 50 feet, or if a new structure is proposed, it will be at least the maximum height allowed in the zoning district; and
(c) 
The entire street-level floor must have active nonresidential use along all street frontage and all riverfront frontage of the building.
E. 
Required affordable housing.
(1) 
Definitions of specific terms relating to affordable housing are contained in § 260-50.1. Requirements for affordable housing in mixed-use developments are specified below and shall be in place of the inclusionary zoning requirement in § 260-50.2. Provisions of § 260-50.3 shall not apply to the HC, GC, DC-1, DC-2, NB, P-15, SC-G and SC-WH Zoning Districts.
(2) 
Except as provided herein, a minimum of 20% of all dwelling units within a mixed-use development shall be low- and moderate-income housing. Such affordable housing shall not be required in a mixed-use development that provides four or fewer dwelling units. Successive development applications for the same property or properties that cumulatively result in five or more dwelling units shall provide low- and moderate-income housing. This requirement applies to rental units as well as units offered for sale.
(3) 
In developments where the housing units will be offered for sale, low- and moderate-income units shall be affordable for a family with an adjusted gross income that is less than 100% of area median income. In developments where the housing units will be rentals, the rent for all low- and moderate-income units shall be affordable for a family with an adjusted gross income that is 80% or less of area median income.
(4) 
The Planning Board may approve mixed-use developments without the requirement that low- and moderate-income housing units be located on site, provided that there is full compliance with requirements of § 260-50.2D, Alternatives to construction of inclusionary units. No on-site housing density bonus shall be allowed when an applicant utilizes provisions of § 260-50.2D.
(5) 
Low- and moderate-income housing units shall be integrated throughout the development to the degree feasible, rather than segregated in a particular area or areas. The exterior appearance shall be compatible to the architectural style of market-rate units, except that the low- and moderate-income units may not be less than 960 square feet. The average number of bedrooms in low- and moderate-income units shall be at least equal to the average number of bedrooms in market-rate units. The low- and moderate-income units shall, on average, be no less accessible to public amenities, such as open space or recreational features, than market-rate units.
(6) 
Low- and moderate-income housing units shall be built and occupied prior to, or simultaneously with, the construction and occupancy of market-rate units.
(7) 
Low- and moderate-income housing units shall comply with requirements of § 260-50.2E regarding long-term assurance of affordability and fair marketing.
F. 
Dimensional regulations.
(1) 
In all zoning districts where mixed-use developments are permitted, the allowed impervious surface and minimum yard dimensions shall be those applicable to the DC-1 District, except for lot boundaries that abut residentially zoned property, where the minimum side and rear yard dimensions shall be those set forth in the Schedule of Dimensional Regulations for the zone in which the development is located.
(2) 
Maximum building height for mixed-use developments shall be 50 feet in the DC-1 Zone; 40 feet in the DC-2, HC and GC Zones; and 35 feet in the NB, P-15 and SC-G Zones. Maximum building height in the SC-WH Zone shall be 25 feet, unless otherwise provided for in § 260-87.4.
(3) 
Floor-to-floor heights. All commercial floor space provided on the street level floor shall have a minimum floor-to-ceiling height of 10 feet.
(4) 
The gross floor area of any single commercial establishment in a mixed-use development shall not exceed 25,000 square feet.
G. 
Design standards.
(1) 
Purpose. Mixed-use developments provide opportunities for new businesses and services that will expand the Town's tax base and maintain its small-town atmosphere. Therefore, the siting (the location of a building in relation to other buildings), massing (the way a building is configured and how its parts relate to each other), proportion (the relationship of length, width and height) and design (the building materials, color, and construction details) are crucial. These guidelines should not be regarded as inflexible requirements; rather, each could generate numerous imaginative and innovative design solutions. Design standards for mixed-use developments located in the SC-WH Zone shall be governed by § 260-87.6.
(2) 
Scale, proportion and design. Mixed-use developments shall be generally consistent with the height, bulk, scale and architectural style common to the Town's historic commercial areas. Buildings shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. Developments shall include groupings of buildings, rather than a single boxlike structure set back on a large expanse of paved parking. The Planning Board may modify or prohibit designs that it finds to be inconsistent with this provision.
(3) 
Building facades. The proportion and height-to-width relationship of entryways, windows, trim, molding, railings, rooflines, exterior lighting, signs and other decorative elements shall be compatible with the building's architectural style. Street-level design elements such as entryways, porches, pedestrian furniture, plantings and other site elements shall be directed toward the use and enjoyment of pedestrians. Building wall offsets, including projections, recesses, changes in materials, colors or textures, shall be used to avoid long, monotonous, uninterrupted walls. The architectural treatment of the front facade shall be continued, in its major features, around all visible sides of a building, and blank walls shall be articulated by the provision of false window openings trimmed with frames, sills and lintels.
(4) 
Entrances. Buildings shall have a primary entrance door facing a public sidewalk; entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, and access to pedestrian-oriented plazas or courtyards surrounded by a cluster of shops or businesses. The difference between entrances for street-level commercial uses and entrances for upper-level residential uses shall be reflected by distinct but compatible differences in facade treatment.
(5) 
Roof types. Roof pitches of 8:12 to 12:12 are preferred. Buildings with flat roofs shall be two or more stories in height and shall have parapets or cornices that continue around all sides of the structure. Architectural elements such as dormers, belvederes, masonry chimneys, cupolas and other similar elements are encouraged. Offsets shall be provided to relieve the visual effect of a single, long roof. Rooftop heating, ventilation and air conditioning systems shall be enclosed within architectural features consistent with the building design so as not to be visible from the street level.
(6) 
Materials. Traditional building materials such as clapboard, shingles, or brick shall be used as the primary siding materials. High-quality manufactured materials that have the same visual characteristics may be used only with the express approval of the Planning Board. Colors should be compatible to those of existing historic buildings and appropriate to the architectural style.
H. 
Public space; screening; and signage.
(1) 
A minimum of 10% of the total land area in a mixed-use development shall be devoted to public space, defined as parks, a green or common, plazas, bicycle paths, gardens, or landscaped and wooded areas. Sidewalks shall not be counted toward the calculation of public space. Public space shall act as a unifying element in the overall site design.
(2) 
Public space shall be owned and maintained by the property owner, an association of unit owners, or such other means or entity as may be approved by the Planning Board. Maintenance of public space shall be guided by a management plan specifying its intended uses, submitted as part of a development plan application and approved by the Planning Board. Regardless of to whom it is conveyed, public space shall be protected in perpetuity against further development and unauthorized alteration by appropriate deed restrictions to be recorded in the Land Evidence Records, including the grant of a conservation restriction to the Town.
(3) 
The Planning Board may require vegetative buffer areas to provide visual screening between the development and adjacent land uses.
(4) 
The size, location and design of all signs shall reflect the architectural characteristics of the building; generic-style signs or transplants from other locales are neither desirable nor appropriate. Completely rendered and dimensioned sign graphics must be submitted as part of a development plan application for review by the Planning Board.
I. 
Parking.
(1) 
Off-street parking requirements for specific uses shall be those applicable in § 260-77. The Planning Board may permit shared parking for different land uses that have different hourly peak parking accumulation patterns, with the total number of parking spaces less than the summation of spaces required when the same land uses exist as stand alone developments, provided that no parking deficiencies occur over the course of a twenty-four-hour period on weekdays, Saturdays or Sundays. A parking analysis shall be prepared by a professional traffic engineer demonstrating the relationship between land use and parking capacity.
(2) 
Off-street parking lots are permitted, provided that no more than 15% of the spaces shall be placed closer to a front property line or a corner side yard property line than the building itself. The remainder of required off-street parking spaces shall be located behind or to the side of buildings. Off-street parking may also be located within or beneath a structure.
(3) 
All parking lots shall contain vegetated and landscaped islands and planted medians to highlight driveway entrances and provide efficient channelization of both pedestrian and vehicular traffic routes throughout. Each separate landscaped island shall occur after 10 consecutive parking spaces, shall have a minimum width of nine feet and minimum length of 18 feet, shall be planted with grass or small shrubs, and shall include at least one deciduous shade tree of not less than two-inch caliper. Additionally, one shade tree shall be planted for every 40 feet of parking lot perimeter. The shade trees do not have to be planted on center and may be clustered for aesthetic purposes. All trees shall be placed or protected so as to avoid damage by vehicles and plowed snow.
(4) 
Subject to written approval of the Town Engineer, parallel parking may be provided on public streets immediately adjoining the development and shall be counted toward parking spaces required in § 260-77.
(5) 
Parking requirements may be met by off-site parking located within 500 feet of a mixed-use development, provided that such off-site parking is not located in a residential zoning district and is approved by the Planning Board and a lien against both properties (the mixed-use development and the off-site parking lot) is recorded in the Land Evidence Records prior to final plan recording.
J. 
Lighting.
(1) 
Streets, parking areas and pedestrian areas in the development shall be provided with adequate lighting while minimizing adverse impacts of glare on adjacent properties and overhead sky glow. All lighting fixtures and lampposts shall be decorative and complement the architectural style of buildings in the development and conform with "full cutoff" standards as promulgated by the International Dark-Sky Association. The Planning Board may require submission of a lighting plan prepared by a licensed engineer.
(2) 
Lampposts along streets, parking areas, sidewalks, walkways and courtyards shall be spaced at intervals of no greater than 50 feet on center unless otherwise authorized by the Planning Board. Lamppost heights shall not exceed 12 feet, except that post heights may be extended to a maximum of 16 feet in parking lots containing 20 or more parking spaces.

§ 260-65 Home occupations.

A. 
Intent. It is the intent of this section to permit only such home occupations which:
(1) 
Are incidental to the use of the premises as a residence;
(2) 
Are compatible with residential uses;
(3) 
Are limited in extent; and
(4) 
Do not detract from the residential character of the neighborhood.
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.

§ 260-66 Accessory structures.

A. 
As used in this section, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USE
A structure or use that is clearly incidental to and customarily found in connection with a principal building and does not include residential occupancy. It is subordinate to and serves a principal building, and contributes to the comfort, convenience, or necessity of the occupants, business, or industry located in the principal building served. It is located on the same lot as the principal building served.
B. 
Permitted accessory uses. Accessory structures and uses are permitted if they are under the same ownership and on the same lot as the principal use. Any accessory use or building which is accessory to a legal nonconforming use shall be treated in the same manner and subject to the same regulation as the principal use.
C. 
Location. No accessory structure or use may be located in any part of the required front or corner side yards. The side and rear setbacks of accessory structures are set forth in the district dimensional tables in this chapter. Where an accessory structure is within six feet or attached to the principal building in a substantial manner as by a wall, roof or breezeway, such structure or use shall be considered part of the principal building, and the setbacks for the principal building shall apply to the accessory structure as well.
D. 
Height. Maximum height of accessory structures is set forth in district dimensional tables in this chapter.
E. 
Size. No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.
[Amended 5-15-2000 by Ch. No. 1300]
F. 
Accessory recreation facilities. Tennis, racquetball or paddle tennis courts and similar accessory facilities shall comply with the following requirements:
(1) 
No such facility which is accessory to the residential use shall be located in a front yard thereof;
(2) 
No part of any such facility shall have lighting, unless such lighting is approved by special use permit and can be shown not to be a nuisance to abutting residential property; and
(3) 
The area in which the facility is located shall be screened from the view of abutting properties by means of opaque fences, walls, hedges between six and eight feet in height.

§ 260-67 Swimming pools.

No private swimming pool capable of containing more than 24 inches of water shall be allowed in any district except as an accessory use, and in accordance with the following requirements:
A. 
The pool must be intended and used principally for the enjoyment of the residents of the property upon which it is located.
B. 
The pool or the property on which it is located shall be walled or fenced to prevent uncontrolled access from the street or from adjacent properties. Aboveground swimming pools 48 inches minimum height above grade shall meet the barrier requirements. The in-ground swimming pool or the property on which it is located shall comply with Appendix G of the Rhode Island State Building Code. Barrier requirements include the fence or barrier height to be five feet in height but no more than eight feet in height. This fence or wall shall be maintained in good condition with a gate and a child-proof latch and must prohibit the passage of any object exceeding four inches in diameter. A dwelling house, accessory building or the walls of an aboveground pool may be used as part of such enclosure, provided that the required minimum height of five feet is maintained.
[Amended 2-28-2011 by Ch. No. 1743]
C. 
The pool and any accessory buildings or equipment shall be no closer than 15 feet to any side or rear lot line and shall not be located in any required front yard setback.
D. 
Any lighting shall be faced and directed away from abutting property.
E. 
In-ground pool aprons shall be contained within the required fence or wall. If the entire property is fenced or walled, the in-ground pool apron shall be no less than 15 feet from any side or rear setback line.

§ 260-68 Fences, walls and ISDS systems.

[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.

§ 260-68.1 Temporary fencing.

[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.

§ 260-69 Recreational vehicles in residential districts.

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.

§ 260-70 Commercial vehicles in residential districts.

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.

§ 260-70.1 Unregistered/uninspected vehicles in residential districts.

[Added 8-21-2006 by Ch. No. 1578]
A. 
No unregistered motor vehicle, automobile, truck, or the like, nor any parts or components of such vehicle, nor any vehicle without a Rhode Island inspection sticker valid within the last 120 days, shall be parked, stored or allowed to stand ungaraged on any residential property within the Town for a period exceeding 60 days.
B. 
Notwithstanding the foregoing provision, a property owner shall be permitted to store two unregistered vehicles per residential lot if the vehicle is screened on all four sides or is completely encapsulated by a car cover and is located on the property in compliance with all zoning district setback requirements that pertain to accessory structures.
C. 
A tarp, sheet or other rudimentary cover shall not constitute a legitimate car cover for the purposes of this section.
D. 
The owner of property where the offending vehicle or part thereof is located, after having been sent a written notice from the Minimum Housing Director or Zoning Enforcement Official, shall be subject to a penalty of $25 per day for each unregistered vehicle or uninspected vehicle that is parked or stored on the property for longer than 15 days after the date of the notice.
E. 
Written notice will be sent to the mailing address of the property owner as maintained by the Tax Assessor's Office. The fine in the aggregate shall not exceed $500 for each vehicle or part thereof.
F. 
This provision shall not apply to any properly licensed and permitted repair shops, dealers, or junkyards. Registered antique vehicles exempted by state law are also exempt from this section.

§ 260-71 Cemeteries.

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.

§ 260-72 Golf driving ranges.

[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 all driving ranges, putting greens, fences and structures.
B. 
Accessory uses. Accessory uses shall be limited to a maintenance shed and a pro shop.

§ 260-73 Golf courses.

[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.

§ 260-74 Riding/boarding stables.

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.

§ 260-75 Boatyards/marinas.

A. 
Location. Marinas shall be located adjacent to water suitable for use by pleasure and cruise boats.
B. 
Size. The size of the marina shall be determined by the carrying capacity of the land and the adjacent water, the capacity for dry storage on land, the capacity for off-street parking, and the accessibility of adjacent roads.
C. 
Use of docks. Docks are to be used by transient boats. Docks and adjacent areas shall not be used for dry-stacking facilities.
D. 
Residence use prohibited. The marina shall not provide residence facilities nor shall any boat docked at the marinas be used as a residence.
E. 
Marine service structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards, the application of which shall be evidenced as part of development plan review.

§ 260-76 Airports/heliports.

A. 
Industrial use category. Landing strips and heliports (accessory hangers and sheds) are classified in the general industrial use category.
B. 
Minimum area. The area proposed for new uses and expansion of existing ones shall be sufficient to meet the standards of the Federal Aviation Agency and the Rhode Island Airport Corporation in accordance with their published rules and regulations for the class of airport proposed.
C. 
Approach areas. No approach areas shall be permitted over existing residential areas or over vacant areas zoned for residential development.
D. 
Location of buildings. No building, hanger, or other structure shall be less than 100 feet from any street right-of-way or lot line.
E. 
Repairs. All repair of airplanes and machinery shall be done inside hangers.

§ 260-77 Off-street parking regulations.

A. 
Parking required. Any structure or use, erected or developed after the date of passage of this chapter, must provide off-street parking facilities including garage in accordance with the following regulations:
[Amended 5-15-2000 by Ch. No. 1300]
(1) 
Residential dwelling: two car spaces for each dwelling unit.
(2) 
Hotels/motels and inns: one space per room plus one for every three employees on the largest shift, plus one space per four seats capacity of all meeting/assembly rooms and associated restaurants.
(3) 
Restaurant, theaters and other places of public assembly:
(a) 
Restaurant: one car space for every three seats or every three persons of capacity.
(b) 
Theater and other places of public assembly: one space for every four seats of capacity.
(4) 
Hospitals, nursing homes and congregate housing.
(a) 
Hospitals or institutions: one car space for each bed, and one space for every staff member/employee on largest shift.
(b) 
Nursing homes: one space per two beds plus one space per employee on largest shift.
(c) 
Assisted living complex: one space per two beds, plus one space per employee on largest shift.
(d) 
Congregate housing complex: one space per bed, plus one space per employee on largest shift.
(5) 
Office use: one car space for every 250 square feet of gross floor space.
(6) 
Retail and service business: 6.5 parking spaces for every 1,000 square feet of gross floor area up to 10,000 square feet; 4.75 parking spaces for every 1,000 square feet of gross floor area greater than 10,000 square feet.
(7) 
Outdoor recreation use:
(a) 
Camp or campground: one space per employee, plus one space per campsite, plus one space per three campsites, if visitors are permitted.
(b) 
Golf course: four spaces per green, plus one space per employee, plus those spaces as otherwise required for all accessory uses, such as restaurant, banquet facility, etc.
(c) 
Recreational vehicle park: 1.5 spaces per RV site, plus one space per employee, plus one space per five sites, if visitors are permitted.
(d) 
For all other outdoor recreation uses: one parking space for every three persons of total capacity.
(8) 
Industrial and wholesale uses:
(a) 
Manufacturing uses: one space per each two employees on largest shift, plus one space per 500 square feet of floor space devoted to customers and visitors.
(b) 
Wholesale/warehouse uses: one space per two employees and one space per truck operated from the premises.
(9) 
All other nonresidential uses: One car space for every 300 square feet of gross floor area.
B. 
Plans and specifications for parking facilities. Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for a permit for the main use. In allocating area for off-street parking facilities, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet and shall be served by suitable aisles to permit access into all parking spaces. In no case shall the gross area per parking space be less than 270 square feet. Such plans and specifications shall include planted islands and buffers as well as a lighting plan.
C. 
Regulations for parking facilities. All parking facilities provided under this section must be developed on the site of the main use unless otherwise specified herein. Any off-site facilities must be located within 500 feet of the main use, provided that they are located within a business or manufacturing district.
D. 
Parking lots shall conform to the following regulations:
[Amended 5-15-2000 by Ch. No. 1300]
(1) 
The area shall be paved and provided with bumper guards where needed, except in areas designated as critical resource areas by Coastal Resources Management Council or otherwise provided for in this chapter (i.e., inns) where a dust-free pervious surface may be permitted. The Planning Board, as part of its development plan review, may permit all or part of the parking area surface to be other than paved.
(2) 
Where such area adjoins a residential district, a solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between such area and the adjoining residential district.
(3) 
Any light used to illuminate the area shall be arranged to reflect the light away from adjoining property in a residential district and away from the adjacent streets.
(4) 
Trailer trucks and heavy construction equipment may not be stored or parked overnight in any residential area, except for heavy construction equipment during the active on-site construction period.
E. 
Oceanfront historic hotel. Parking required for an oceanfront historic hotel may be located on and/or off the site of the hotel on any property which has heretofore been used for parking in conjunction with such hotel.
[Added 10-12-2004 by Ch. No. 1510]
F. 
Adult entertainment. All parking for employees and customers shall be located between the building and the street on which the building has frontage.
[Added 4-9-2007 by Ch. No. 1598]

§ 260-78 Off-street loading.

All commercial and industrial structures, erected subsequent to the adoption of this chapter, shall provide off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the zoning enforcement officer at the time of application for the building permit for the main use. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a street right-of-way.

§ 260-79 Kennels.

A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
KENNEL
An operation that provides food, shelter and care of household animals for purposes not primarily related to medical care, or an operation that engages in the breeding of animals for sale. Kennels are divided into two types: commercial and private.
KENNEL, COMMERCIAL
An establishment which houses dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.
KENNEL, PRIVATE
Any buildings or land designed for the care of more than four dogs, cats or other animal breeds belonging to the owner of the principal use, kept for the purposes of noncommercial showing, hunting, or breeding.
B. 
Regulation of kennels. Kennels shall be regulated as follows:
(1) 
The minimum lot area shall be three acres for private kennels and 10 acres for commercial kennels.
(2) 
No structure used for any kind of kennel shall be closer than 150 feet to any lot line.
(3) 
Each commercial kennel shall provide one run per animal; no commercial kennel shall have more than 20 runs.
(4) 
Each private kennel shall provide one run per two animals and shall have no more than two runs.

§ 260-80 Automotive sales/rental/repair service.

A. 
Minimum site area. The minimum site area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.
B. 
Yard setbacks. The front, side and rear yards shall meet the minimum dimensional requirements specified in the Standard Zoning District Dimensional Tables in Section 5, unless the lot abuts a residential zone with greater minimum yard dimensions, in which case, any yard which abuts the residential zone must meet the dimensional requirements for the residential zone.
C. 
Driveways. Driveways shall be at least 24 feet wide and shall have at most two access points onto a single street. No driveway shall be less than 50 feet from any corner lot line, 10 feet from any side lot line, or 40 feet from any other driveway serving the lot.
D. 
Lighting fixtures. Lighting fixtures used to illuminate automobile sales lots shall be no higher than 14 feet above the ground. Lighting for sales lots shall be restricted to the front 1/3 of the lot. At the close of business, all lighting shall be limited to that necessary for security

§ 260-81 Gas sales.

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:
(1) 
Tanks of 30,000 gallons shall be set back at least 25 feet.
(2) 
Tanks of 6,000 gallons shall be set back at least 20 feet.
(3) 
Tanks of 3,000 gallons shall be set back at least 10 feet.

§ 260-82 Motor vehicle junkyard.

A. 
Development plan. The development plan required pursuant to § 260-45 shall show the location of all buildings and the location of storage areas designed for use for automobiles and other vehicles, parts, lubricants, fuel and other storage.
B. 
Screening. A solid or opaque fence of not less than seven feet in height shall be required.
C. 
Storage of fuel and oil substances. All lubricant and fuel oil substances which are to be stored on site shall be stored with all necessary precautions taken to prevent their leakage and/or surface or subsurface drainage into water bodies. A plan detailing how these materials will be stored in compliance with this requirement shall be submitted with the application.

§ 260-83 Drive-in uses.

A. 
Minimum site area. The minimum site area for a drive-in use shall be 20,000 square feet with a minimum street frontage of 150 feet.
B. 
Setbacks. The front, side and rear yard setbacks shall be no less than the minimum applicable dimension specified in the Standard Zoning Districts Dimensional Tables in § 260-19 of this chapter, unless the lot abuts a residential zone with greater minimum yard setbacks, in which case, the setback of the yard which abuts the residential zone shall be twice that of the residential zone.
C. 
Driveways. Driveways shall be at least 24 feet wide and shall have no more than two access points onto a single street. No driveway shall be less than 100 feet from any street intersection, 10 feet from any side lot line, or 50 feet from any other driveway.
D. 
Lighting. Lighting fixtures used to illuminate drive-in uses shall be no higher than 14 feet above the ground. At the close of business, all lighting shall be limited to that necessary for security.
E. 
Stacking lanes. Stacking lanes shall be provided in accordance with the following requirements:
(1) 
Stacking lanes shall be separated from other circulation lanes and shall be identified by pavement rumble strips, curbs or landscaping.
(2) 
No exit from or entrance to such lanes shall be within 100 feet of a street intersection.
(3) 
Each entrance lane shall provide queuing of five to 10 spaces, depending on the intensity of use, each with a dimension of 10 feet by 18 feet. The Planning Board shall set the precise number of spaces required in the development plan review process.
(4) 
The distance from the pick-up window to the egress onto the street shall be a minimum of 90 feet to a maximum of 180 feet.

§ 260-84 Hazardous waste management facility siting.

A. 
Purpose. It is the intent of this chapter to regulate the siting of a hazardous waste management facility to the extent permitted by Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended, that said facility be permitted with development plan review in a General Industrial Zone subject to the provisions contained herein and Chapter 19.7 of Title 23 of the General Laws of the State of Rhode Island.
B. 
Definitions. The definitions included within Chapter 19.7, “Hazardous Waste Management Facilities,” of Title 23 of the General Laws of Rhode Island, and all amendments thereto, are incorporated within this chapter as though fully set forth herein.
C. 
Prohibition of landfills and injection wells. No property located totally or partially within the Town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.
D. 
Restrictions on hazardous waste management facility. A hazardous waste management facility shall not be sited in the Town unless the following restrictions are complied with:
(1) 
A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line in an industrial zone, from the nearest residential or farming use or a residential or farming zone.
(2) 
A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and wherever the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from property lines.
(3) 
A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from property lines.
(4) 
Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, the following:
(a) 
Slopes of 5% or more.
(b) 
Areas identified as freshwater wetlands under the RIGL 2-1-20.
(c) 
Water-related sensitive areas and areas in the recharge area of a groundwater aquifer as delineated on the State of Rhode Island 208 Area Wide Water Quality Management Plan (R.I. Statewide Planning FRC-JF-01-13) or any other determination of said sensitive areas made by a competent hydrologic and water quality analysis as defined by the Rhode Island Department of Health under RIGL 46-13-2.
(d) 
Areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain. (See § 260-51.)
(e) 
Areas containing unique habitats as determined by the Audubon Society of Rhode Island Unique Areas Survey, 1973, and any updates thereto.
(5) 
The Town Engineer shall determine that a development site for a hazardous waste management facility is at least 1,000 feet from any pond, any major stream or river, any minor stream or river or any recharge area of a groundwater aquifer. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses, wetlands areas and aquifers.
(6) 
Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (RIGL 23-19.1-1-1 et seq.) in seeking a permit for such facility, within 10 days of filing under the Act.
(7) 
In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact agreement for review by the local assessment committee. This filing shall be made within 10 days of receiving the permit.
(8) 
The following regulations for an industrial hazardous waste management facility shall apply:
(a) 
Minimum lot area: 174,240 square feet (four acres).
(b) 
Minimum lot frontage: 250 feet.
(c) 
Minimum front yard: 200 feet.
(d) 
Minimum rear yard: 125 feet.
(e) 
Minimum side yard: 75 feet.
(f) 
Maximum lot coverage: 25%.
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.

§ 260-85 Communication installations.

[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):
(a) 
All General Industrial Zones.
(b) 
All Light Industrial Zones.
(c) 
All Open Space Recreation Zones.
(d) 
All Commercial Recreational Zones.
(4) 
The Zoning Board of Review will give a preference for the use of existing structures and towers, instead of the construction of new telecommunication tower facilities. All reasonable efforts shall be made for collocation on existing structures and towers. The Zoning Board of Review shall, as a condition of approval for the construction and continued use of a new telecommunication tower, require that the applicant, its successors and/or assign not unreasonably delay or refuse to allow the collocation of equipment, antennas or ancillary equipment or structures on the telecommunication tower or on the site by future applicants for similar special use permit.
(5) 
The Zoning Board of Review shall give a preference to Town-owned sites which meet the requirements of the applicant.
[Amended 9-27-1999 by Ch. No. 1277]
C. 
Application requirements:
[Amended 9-27-1999 by Ch. No. 1277]
(1) 
All applicants for communication installation shall provide the following information to the Planning Board and/or Zoning Board:
(a) 
Site and landscape plans drawn to scale including tower location and all accessory buildings and equipment and structures.
(b) 
A report including a description of the tower with technical reasons for its design.
(c) 
Documentation establishing the structural integrity for the tower’s proposed use.
(d) 
The general capacity of the tower, and information necessary to assure that ANSI standards are met.
(e) 
A statement of intent on whether excess space will be leased.
(f) 
Proof of ownership of the proposed site or authorization to utilize it.
(g) 
Copies of any easements necessary.
(h) 
An analysis of the area containing existing topographical contours.
(2) 
In all cases where a special use permit is required, for a continuous period of two consecutive days (to be selected by the Town Planner), a helium balloon of sufficient size and color or other similar visible structure shall be placed at the location of the proposed telecommunication tower and flown or placed at the maximum proposed tower height.
D. 
Development standards: The following standards shall apply to all applications:
[Amended 9-27-1999 by Ch. No. 1277]
(1) 
A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.
(2) 
Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennae and communication towers shall be identified.
(3) 
A communication tower shall be set back from all property lines so that its fall zone is outside abutting property as determined by the Planning and/or Zoning Board. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.
(a) 
All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than 25 feet. When located in or abutting a residential district or Historic Overlay District, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.
(b) 
Communication equipment buildings and structures shall be considered accessory uses and comply with the following setback:
[1] 
One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 25 feet;
[2] 
Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 35 feet.
(4) 
Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. The Planning and/or Zoning Board shall insure that towers shall be screened from all adjacent properties and streets, and appropriately camouflaged if required. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
(5) 
Communication tower equipment, buildings and base structures shall be enclosed by a fence no less than eight feet in height and not more than 10 feet in height from finished grade. Access shall be through a locked gate. Said fence shall be of such material as approved by the Planning and/or Zoning Boards.
(6) 
Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.
(7) 
No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town.
(8) 
Communication antennas attached to a structure shall conform to the following:
(a) 
The antennas are not higher than 20 feet above the highest point of the structure;
(b) 
The antennas comply with applicable FCC and FAA regulations; and
(c) 
The antennas comply with all applicable zoning requirements and building codes.
(d) 
Antennas on existing structures shall be constructed so as to blend into the appearance of the structure. The applicant shall bear the burden of demonstrating its compliance with the requirement before the Planning Board.
(9) 
The Planning and/or Zoning Board shall regulate height of all towers based upon topography, features of the surrounding environment and visibility provided that in no event may the height of any tower exceed 250 feet.
(10) 
The location of antennas on existing structures shall be constructed so as to blend into the appearance of the structure. The applicant shall bear the burden of demonstrating its compliance with this requirement before the Planning Board.
E. 
Abandonment. The owner of any existing tower or telecommunication facility (including small antennas and other facilities mounted on rooftops) shall provide the Town Zoning Official with a copy of the notice to the FCC of intent to cease operations and, in any event, shall have 90 days from the date of cease in operations to remove the obsolete tower and accessory structures and return the premises to its preexisting condition as nearly as practicable at the owner’s sole cost and expense. Failure to comply with this provision shall subject the owner to the penalties provided for in § 260-26 of this chapter.
[Amended 9-27-1999 by Ch. No. 1277]

§ 260-86 Signs.

A. 
Purpose. The purpose of this section is to minimize adverse effects of inappropriate signs and to provide for the use of signs as a means of communication in a manner that is consistent with the aesthetic qualities of the Town, and with pedestrian and traffic safety. This section shall apply to all signs which may be erected, placed, displayed, established, created, used, altered, replaced or maintained in the Town. Signs which are not expressly permitted by these regulations are prohibited.
B. 
Definitions. Signs shall be defined as follows:
CANOPY SIGN
A sign which is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area.
FREESTANDING SIGN
A sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground.
IDENTIFICATION SIGN
A sign, located on the premises, which indicates the names, address, and/or identifying symbol of:
(1) 
A development containing two or more occupants such as a professional office building, a residential building, an industrial park or commercial building center; or
(2) 
A school, church, park, hospital, or other public or semipublic building.
PROJECTING SIGN
A sign which is wholly or partly dependent upon a building for support and which projects more than 15 inches from the building.
ROOF SIGN
A sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.
WALL SIGN
A sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background surface of, the sign and which does not project more than 15 inches from the structure.
C. 
Sign permits. Signs shall not be erected without a permit granted in accordance with the provisions of this section. Applications for a sign permit shall be submitted to the Zoning Official on the appropriate form provided by the Zoning Official. The application shall include plans and specifications of the proposed sign, including its dimensions, area, maximum and minimum height, proposed message and design, materials, colors, method of construction, method of illumination, and location on the property on which it is to be displayed and any other information required by the Zoning Official. Such application shall be signed by the owner of the property on which the sign is to be located. Notwithstanding the provisions of this section, development plan review shall be required for all signs which are greater than 18 square feet and for all signs for any use in Zoning Districts SC-WH, SC-M, and HC.
D. 
General provisions.
(1) 
Sign construction. Every sign shall be constructed in a permanent manner and shall be assembled and permanently affixed in such a fashion that it shall not be ordinarily affected by weather. No sign shall be painted directly onto any building, fence, utility pole, rock, tree or other similar object.
(2) 
Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media with the exception of a sign stating “open” not to exceed a size of two square feet, “time and temperature,” and fuel prices. Said “open” signs, signs indicating “time and temperature” and/or fuel prices shall be prohibited in the following zoning districts: DC-1, DC-2, SC-WH and NB as defined in § 260-13. No sign may be illuminated such that it is brighter than ambient sunlight during daylight hours. In addition, the following rules shall apply to all exterior signs and signs intended to be viewed from the exterior.
[Amended 9-10-2012 by Ch. No. 1780]
(a) 
Internally illuminated freestanding signs shall not be illuminated during nonbusiness hours of the business advertised by such sign. The same rule shall apply to signs constituting an integral part of vending machines or similar devices.
(b) 
Illuminated tubing or strings of lights that outline properties, sales areas, rooflines, doors, windows, or similar areas are prohibited except for temporary use in observance of holidays.
(3) 
Sign location. Signs shall be located only on the property they are intended to identify and shall not project over any property line, except in Zoning District DC-1. In addition, the following rules shall apply:
(a) 
No sign shall be located on any corner so as to violate the corner visibility requirements of this chapter.
(b) 
No sign shall be so located as to obstruct or interfere with the visibility of vehicular or pedestrian traffic.
(4) 
Sign design and area.
(a) 
Computation of sign area.
[1] 
The area of a sign shall be computed from the outer dimensions of the frame, trim or molding by which the sign is enclosed.
[2] 
When a sign consists of individual letters, symbols, or characters, its area shall be computed as the area of the smallest rectangle which encloses all of the letters, symbols or characters.
[3] 
When a sign consists of two of more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area.
(b) 
Standards for wall signs.
[1] 
No wall sign shall extend beyond the outer edge of any wall of the building to which it is attached.
[2] 
A wall sign shall be parallel to the wall to which it is attached and shall not project more than 15 inches therefrom.
[3] 
No wall sign shall be painted directly upon any wall.
[4] 
No wall sign shall extend above the eaves of the building upon which it is attached.
[5] 
The size for all wall signs shall be as hereinafter set forth.
(c) 
Standards for freestanding signs.
[1] 
In residential zones, the height of any freestanding sign shall not exceed six feet. In commercial, professional, or industrial zones, the height of a freestanding sign shall not exceed the height of the building to which it is related or a height of 16 feet, whichever is less. If the premises on which the sign is located does not contain a principal building, the sign shall not exceed a height of six feet. The height of the sign shall be measured from the ground to the top of the sign.
[2] 
No part of any freestanding sign shall be located within 10 feet of any lot line.
[3] 
Except as otherwise provided herein, only one freestanding sign shall be permitted on a lot for each street, even if there is more than one building or use on that lot.
[4] 
The size for all freestanding signs shall be as hereinafter set forth.
(d) 
Standards for projecting signs.
[1] 
The bottom edge of a projecting sign shall be at least eight feet above ground level when located in an area where the public walks.
[2] 
No projecting sign shall extend more than five feet from the wall to which it is attached and shall be no more than 10 square feet except for temporary banners announcing community events.
[3] 
The size for all projecting signs shall be as hereinafter set forth.
(5) 
Maintenance of signs. All signs and all components thereof shall be kept in a state of good repair.
(6) 
Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located in any area where landscaping is required pursuant to a zoning approval or within the right-of-way of any public street or highway, unless the work is with the written authorization of the Public Works Director. A copy of such written authorization shall be submitted to the Zoning Official.
(7) 
Nonconforming signs. Any sign which replaces an existing nonconforming sign shall comply with this section.
E. 
Generally permitted signs. The following signs are permitted, provided that they comply with the regulations of this subsection:
(1) 
Signs not exceeding two square feet in area that are not of a commercial nature, such as:
(a) 
Identification signs;
(b) 
Signs on mailboxes or newspaper tubes; and
(c) 
Signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
(2) 
Signs erected by or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
(3) 
Integral decorative or architectural features of buildings or works of art, so long as such features do not contain letters, trademarks, moving parts, or lights.
(4) 
Signs directing and guiding traffic that do not exceed two square feet each and that bear no advertising matter.
(5) 
Signs proclaiming religious or political activities that do not exceed one per lot and 12 square feet in area and that are not internally illuminated. Signs erected in connection with elections or political campaigns. Such signs shall be erected no more than 60 days prior to the election and shall be removed within seven days following the election or end of the campaign.
(6) 
Temporary signs, such as real estate signs, giving notice that the property on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. Such signs shall not exceed six square feet. No more than one such sign shall be located on any lot and may consist of any number of smaller, connected signs mounted on a pole, as long as the total area does not exceed six square feet, not including the pole and shall be removed immediately after sale, lease, or rental. Signs greater than six square feet shall require review and approval by the Zoning Official or Planning Board in accordance with this section.
[Amended 1-10-2011 by Ch. No. 1737]
(7) 
Signs giving notice of a special event such as a grand opening, fair, festival, or similar event to take place on the lot where the sign is located. Such signs may be erected not sooner than two weeks before the event and must be removed not later than three days after the event.
(8) 
Temporary signs (such as for yard sales) not covered in the foregoing categories, so long as such signs meet the following restrictions:
(a) 
No more than one such sign may be located on any lot.
(b) 
No such sign may exceed two square feet.
(c) 
Such sign may not be displayed for longer than three consecutive days nor more than 10 days out of any three-hundred-sixty-five-day period.
(9) 
Temporary window signs erected or maintained in the window of a building, which are visible from any public or private street or highway, provided that such sign shall not occupy more than 25% of the area of said window, and shall not be in place more than 30 days.
F. 
Signs permitted in all districts. The following signs shall be permitted in all districts subject to the issuance of a permit:
(1) 
Construction signs. One construction or renovation sign, not to exceed six square feet in residential zones or 12 square feet in business zones, when associated with a valid building permit, which shall be removed within 30 days of work completion.
(2) 
Land development identification signs. One real estate development identification sign at each entrance, not to exceed 32 square feet, to identify an approved land development, which shall be removed within 30 days of sales completion. A permanent identification sign not exceeding 12 square feet may be located at each entrance to the land development.
(3) 
Special use permit signs. Signs identifying the use of the premises for an approved special permit use, not to exceed six square feet.
G. 
Signs permitted in residential districts. In addition to the signs permitted in all zoning districts (See Subsections E and F above.), the following signs are permitted in residential districts subject to the issuance of a permit where required:
(1) 
Identification sign. A sign for permitted uses identifying only the name of the house, address, and either the name of the occupant or use of the premises, not to exceed 1.5 square feet in the area.
(2) 
Farm sign. A sign identifying the name of a farm or agricultural activity, not to exceed six square feet, or be higher than six feet.
(3) 
Special use permit signs. Signs identifying the use of the premises for an approved special permit use, not to exceed six square feet in area.
(4) 
Home occupation sign. Signs identifying a home occupation not to exceed 1.5 square feet.
H. 
Signs permitted in commercial, professional and industrial districts. In addition to the signs permitted in all zoning districts (See Subsection F above.), the following signs are permitted in commercial, professional, and industrial districts subject to the issuance of a permit:
(1) 
One business sign per building occupant, provided that:
(a) 
No freestanding sign shall exceed 18 square feet;
(b) 
No projecting sign shall exceed eight square feet;
(c) 
No wall sign shall exceed one square foot for each linear foot of the face of the building (or if the building contains two or more occupants, the portion thereof allocated to the occupant) to which the sign will be attached; and
(d) 
No canopy sign shall exceed one square foot for each linear foot of the face of the canopy to which the sign will be attached.
(2) 
One identification sign, not to exceed 24 square feet, to identify a unified office or mixed-use development.
(3) 
A unified, commercial, professional, or industrial office or mixed-use development containing two or more occupants may have an identification sign which identifies the development, and each of the occupants thereof may have a nameplate or business sign as applicable.
(4) 
Each sign within a unified development shall be subject to the individual sign requirements of this section.
(5) 
The design and placement of signs within a single development shall be harmonious with one another.
(6) 
Exposed neon tube signs may be displayed in interior windows, provided that the neon tube shall not exceed 0.5 inch in diameter.
(7) 
Alternative signage program for large developments. Due to the complexities of site design and occupancy associated with large developments such as shopping centers, office parks, office buildings, and mixed-use facilities, the owners of a nonresidential development may submit to the Planning Board an alternative signage program along with a development plan application differing from the standards contained in this section. Such signage program shall, at minimum, contain the information required by this section for the issuance of a sign permit. In approving such a sign program, the Planning Board shall find that:
(a) 
Such signage program would be consistent with the purpose of this section and these regulations; and
(b) 
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.
I. 
Adult entertainment business. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions:
[Added 4-9-2007 by Ch. No. 1598]
(1) 
Perpendicular or protruding signs are prohibited. Signs shall be parallel with and attached to a wall.
(2) 
Freestanding signs and off-site signs are prohibited.
(3) 
Signs or other advertising located on billboards or outdoor advertising structures are prohibited.
(4) 
Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.
(5) 
Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.

§ 260-86.1 Billboard relocation.

[Added 11-29-2010 by Ch. No. 1733]
Any existing billboard in the Town of Westerly controlled and/or owned by a not-for-profit entity 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, in accordance with Goal 9, Objective 3 of the Town of Westerly Comprehensive Plan, adopted February 8, 2010.

§ 260-87 Development standards for assisted living/congregate housing.

[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.

§ 260-87.1 Development standards for oceanfront historic hotels.

[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.

§ 260-87.2 Municipal water facilities.

[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.

§ 260-87.3 Retaining walls.

[Added 9-12-2005 by Ch. No. 1551]
A. 
Any retaining wall greater than six feet in vertical height measured from grade at the bottom of the wall to the top of the wall shall require a building permit.
B. 
A plot plan showing the property and the location of the proposed wall on the property, together with the location of driveways, sidewalks, patios, decks, pools and other structures and/or paving relative to the proposed wall, together with existing and proposed topography at two-foot intervals, shall accompany the permit application.
C. 
Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 lateral sliding and overturning (Reference: International Building Code 1610.2 - Retaining Walls).
D. 
Retaining walls in excess of six feet shall be designed by a professional engineer licensed to practice in the State of Rhode Island for all loads specified in the applicable building code and in keeping with nationally recognized standards. Such designs shall be based on sound engineering and geotechnical principles. A plan of the design signed by the professional engineer shall also accompany the application.
E. 
Where multiple walls are situated in a terrace-like pattern, they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls.
F. 
Adequate protection to prevent an individual's accidental fall over the retaining wall shall be erected and maintained in conjunction with the retaining wall thereafter.
G. 
Development plan review by the Planning Board is required for all retaining walls which require a building permit, except those created in conjunction with a single-family or two-family residential structure and uses accessory thereto, when the abutting property owner has endorsed the building permit application. The Planning Board may require screening, to include, but not be limited to, vegetation, natural stone veneer or a rusticated face.
H. 
All retaining walls greater than six feet in height shall be subject to a development plan review by the Planning Board, which may grant relief from these requirements due to unique site conditions and/or constraints.

§ 260-87.4 Mixed Residential and Commercial Use.

[Added 2-6-2006 by Ch. No. 1561]
A. 
In the Shore Commercial W.H. Zoning District, the following regulations shall be applicable to any mixed residential and commercial use on any lot that does not have frontage on Bay Street and has land area which is at least 90% outside the Flood Hazard Overlay District:
(1) 
The commercial use component for a mixed residential and commercial use is satisfied by one commercial/professional unit on the property proposed for development irrespective of the number of structures thereon.
(2) 
Provided the above commercial component requirement is met, residential uses shall be permitted on the first floor.
(3) 
Detached garages or covered parking are permitted for all the residential units in such a mixed residential and commercial use.
B. 
The reduction in maximum height from 35 feet to 25 feet as indicated in § 260-19 (Minimum dimensional requirements) shall not be applicable to the special use permit granted for the property now or formerly of B.S.I., Inc. described as Assessor's Plat 185, Lot 1, nor the special use permit granted for the property now or formerly of JHRW Partnership located on the southeasterly side of Bay Street and the northeasterly side of Larkin Road, and being identified as Parcel B on the Administrative Subdivision Plan approved December 15, 2005, and recorded that day at Book 1485, page 315 in the Town of Westerly Land Evidence Records. The maximum height applicable to said parcels shall remain at 35 feet.

§ 260-87.5 Wind energy systems.

[Added 9-11-2006 by Ch. No. 1581]
A. 
Purpose. It is the purpose of this section to promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.
B. 
Findings. The Town of Westerly finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Wind energy also makes the electricity supply market more competitive by promoting customer choice.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.
D. 
Permitted use. Wind energy systems shall be allowed by special use permit in all zoning districts subject to the requirements set forth below:
(1) 
Special use permit applications for wind energy systems shall include a site plan of the subject property drawn to a uniform scale, including location of the tower, all accessory structures and appurtenant equipment, and the location of any other structures on the site.
(2) 
The applicant shall provide a report containing a description of the tower with technical support establishing its structural integrity and need for accessory structures.
(3) 
There shall be a restriction of one turbine and tower per deeded property with a minimum of seven acres. Municipal/commercial properties may exceed one turbine and tower per property on a case-by-case basis.
(4) 
Advertising signage, communication devices, cellular dishes or the like may not be attached to a tower. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.
(5) 
The owner of the property where a wind energy system is located shall be required to obtain a demolition permit to remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than 90 days.
(6) 
Tower height shall not exceed 85 feet, and in all cases a fall zone of 360°, with a radius equal to the tower height, shall be provided entirely within the lot upon which the tower is located, within which no residential structures shall be located. Towers exceeding 85 feet in height shall be permitted exclusively for municipal use.
(7) 
No part of a wind energy system structure, including guy wire anchors, may extend closer than minimum zoning setback requirements of primary structures.
(8) 
Wind energy systems shall not exceed noise levels as permitted by the Noise Control Ordinance of the Town of Westerly.
(9) 
Designs for all wind energy systems must be certified by the Federal Department of Energy or other small wind energy certification program recognized by the State of Rhode Island.
(10) 
Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and all appurtenant structures, demonstrating compliance with the International Building Code and National Electrical Code, as amended. The tower and turbine shall be engineered to withstand appropriate wind loads in conformance with the International Building Code. An engineering analysis shall be submitted demonstrating code compliance as certified by a licensed professional engineer or manufacturer.
(11) 
Wind energy systems must comply with applicable FAA regulations as specified in 14 CFR Part 77, entitled "Objects Affecting Navigable Airspace."
E. 
Utility notification. No wind energy system shall be granted a special use permit until written evidence has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

§ 260-87.6 Development standards for Shore Commercial - Watch Hill (SC-WH).

[Added 10-30-2006 by Ch. No. 1589]
A. 
Purpose; exceptions.
(1) 
The entire area of the Shore Commercial - Watch Hill Zoning District is within the Watch Hill Historic District, which is listed in the National Register of Historic Places. Essential to the preservation of this district is that those existing structures that define the historic character of the district be preserved and that any new construction be compatible with the existing architecture within this neighborhood. This section provides specific development plan review criteria for the Planning Board to ensure that the unique physical character of the Shore Commercial - Watch Hill District (District) is retained, while allowing for beneficial enhancements and redevelopment to occur. In general, the existing scale and proportions of buildings and the overall architectural character of the streetscape shall be preserved along Bay Street.
[Amended 6-28-2017 by Ch. No. 1892]
(2) 
Periodic maintenance and repair of buildings with replacement of in-kind building materials does not require development plan review. All modifications to the exterior of buildings, except such replacement, in-kind of building materials, requires development plan review. Nothing herein shall be deemed to reduce the authority of the Planning Board to waive development plan review and waive and/or modify requirements pursuant to RIGL 45-23-62.
[Amended 6-28-2017 by Ch. No. 1892]
B. 
Development plan review by the Planning Board shall be regulated by the following standards in conjunction with those contained in § 260-45F:
(1) 
The uniformity of the building heights, gable orientations, roof pitch, massing and bulk visible from Bay Street shall be used to guide construction of new buildings and additions to existing structures. New buildings shall be designed with traditional roof forms that are compatible with the character of the District.
(2) 
Architectural elements such as dormers and roof gables shall be in proportion to the overall building and shall also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements shall be avoided. Limitation of a second-story footprint to less than the first-floor footprint of any existing building is not intended by this subsection.
(3) 
The uniform rhythm or sequencing and design of architectural features, including, but not limited to, windows, bays, entryways and doors, storefronts, arcade columns and gables along Bay Street shall be replicated in any new building or retained in any existing building thereon.
(4) 
Traditional exterior building materials such as wooden shingles or clapboards, "Hardiplank" or similar product shall be used for building siding.
(5) 
Structures which have been determined by the Secretary of the Interior to be contributing to the historical significance of the District shall be reused whenever possible rather than demolished. Demolition of such buildings shall be permitted when the property owner demonstrates there is no reasonable and feasible alternative to demolition. In the event of demolition, it is preferred that such structures be replicated or reconstructed on their original building footprint and the design be substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings.
(6) 
New construction shall be of pedestrian-scale, directly fronting the street with covered sidewalk arcades, unless otherwise governed by setback requirements of this chapter. Structures set behind expanses of asphalt or other impervious parking surfaces are prohibited. New construction shall be articulated with building hyphens, other architectural features, and roofline breaks and gables employed to scale-down building mass to match existing surrounding buildings.
(7) 
Long first-floor arcades projecting to public sidewalks shall be incorporated where appropriate in any new design, with arcade width, street-to-arcade setback and sidewalk width matching existing configuration on the street. Arcade roofs shall not be entirely recessed within the building fabric or building mass. The uniformity of existing covered sidewalk arcades, with galleries, decks and porches above, shall guide new construction.
(8) 
In addition to requirements and standards for signage in § 260-86, no freestanding signs shall be permitted.
(9) 
All awnings shall be covered with canvas. Backlit awnings and those displaying logos and/or signs shall be prohibited.
(10) 
Exterior lighting fixtures shall be shielded and directed toward the building or the ground. Electrical conduit and junction boxes shall be located so as to minimize or, if possible, eliminate their visibility from the public. Security devices shall not negatively impact the architectural character of the building and streetscape. Satellite dishes are not permitted on the street side of any structure, nor are they to be visible from Bay Street.
(11) 
HVAC mechanical devices shall not be visible from the street. Such devices may be screened with architectural elements or vegetation where appropriate.
(12) 
The Planning Board may allow historical features which previously existed to be replicated, provided such elements are substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings, and such elements are in general compliance with the zoning ordinance dimensional requirements.
(13) 
Visually and historically significant landscape features such as stone walls, fences, curbing treatments, sidewalks (and their width) and the like shall be preserved whenever possible or replaced in-kind. New features shall be designed to complement and enhance existing features. All new landscaping shall use low-growing material or species hardy to the area. Fixed streetscape features such as lighting standards and benches shall be of a consistent and traditional design type which will complement the architecture of the area. Landscaping shall be required to minimize the visual input of any bottomless sand filter or other components of individual septic disposal systems.
(14) 
In new building construction the following character-generating features of Bay Street are encouraged:
(a) 
Natural wood roof shingles or dark-colored architectural grade roof shingles.
(b) 
Substantially proportioned window and building trim, white in color.
(c) 
White deck rail systems with a silhouette (size and detail) consistent with Building Code requirements and with those generally along Bay Street.
(d) 
Arcade lighting mounted on the interior face of the arcade sidewalk column located just below the arcade soffit.
(e) 
Signage using black background with gold letters, which is a Watch Hill business village tradition.
(f) 
Generous use of multipaned glazing patterns, which are true divided lights or window grids that are applied to the exterior of the window and have the appearance of such true divided lights.
(15) 
In all construction, synthetic materials or substitutes may be used subject to Planning Board approval; samples of all such materials shall be submitted to the Planning Board as part of the review process.
(16) 
The property of Gail Forbes described as Assessor's Plat 179 Lot 85 shall be determined not to be contributing to the historical significance of the Watch Hill Historic District as defined by the Secretary of the Interior.
C. 
In addition to the above standards, the Secretary of Interior's Standards for Rehabilitation (36 CFR 67.7), as existing on the date of the passage of this section, shall be used as general design guidance for proposed alterations to the exterior of existing buildings that have been determined to contribute to the historic significance of the National Register Historic District. These widely accepted national preservation standards help define the character and features of historic buildings and provide “best practices” for preserving and enhancing the integrity of these features in rehabilitation of such buildings.
D. 
Compliance with the above standards, incorporation of recommended character-generating features and compliance with the dimensional regulations of this chapter shall demonstrate substantial architectural compatibility with neighboring properties.

§ 260-87.7 Medical marijuana.

[Added 10-17-2016 by Ch. No. 1877]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CARDHOLDER
A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.
CAREGIVER CULTIVATION
Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 21-28.6.
COMPASSION CENTER
A not-for-profit corporation that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.
COMPASSION CENTER CARDHOLDER
A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.
LICENSED CULTIVATOR
A person, co-partnership, entity and corporation, who has been licensed by the department of business regulation to cultivate marijuana pursuant to RIGL 21-28.6-16. A licensed cultivator may acquire, possess, cultivate, deliver, or transfer marijuana only to licensed compassion centers. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.
[Added 11-13-2017 by Ch. No. 1907]
MARIJUANA STORE
Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.
NONRESIDENTIAL COOPERATIVE CULTIVATION
Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.
PATIENT CULTIVATION
Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL 21-28.6.
RESIDENTIAL COOPERATIVE CULTIVATION
Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.
B. 
Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See RIGL 21-28.6-1 et seq.) The Town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.
C. 
Patient cultivation. Patient cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly. Patient cultivation shall not be allowed unless each of the following criteria has been met:
(1) 
Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
(2) 
The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
(3) 
The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[1] The Building Official shall approve the application for permits pursuant to RIGL 23-27-100.01 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.
[1]
Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.
(4) 
In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:
(a) 
That the area used for growing is secured by locked doors;
(b) 
That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c) 
That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
(d) 
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(e) 
That the area used for growing shall have carbon filters installed to reduce odors;
(f) 
That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
(5) 
Zoning certificates, Fire Department inspection and/or review, or building/trade permits, are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence in a residential zoning district.
(6) 
Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:
Mature Plants
Immature Plants (Seedlings) and Unusable Marijuana
Usable Marijuana
Patient cardholder
12 plants
12 plants
2.5 ounces
D. 
Caregiver cultivation. Caregiver cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly except in those located in Zone HDR 6 High-Density Residential Zoning Districts or in multifamily dwellings of three or more residential units. Additionally, caregiver cultivation shall not be allowed unless each of the following criteria has been met:
(1) 
If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
(2) 
The caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
(3) 
The caregiver cardholder shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[2] The Building Official shall approve the application for permits pursuant to RIGL 23-27-100.01 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.
[2]
Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.
(4) 
In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:
(a) 
That the area used for growing is secured by locked doors;
(b) 
That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c) 
That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
(d) 
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(e) 
That the area used for growing shall have carbon filters installed to reduce odors;
(f) 
That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
(5) 
Possession limits. Caregiver cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:
Mature Plants
Immature Plants (Seedlings) and Unusable Marijuana
Usable Marijuana
Primary caregiver
12 plants per patient cardholder (to whom he/she is connected through RIDOH registration process)
12 plants
2.5 ounces per patient cardholder (to whom he/she is connected through RIDOH registration process)
E. 
Cooperative cultivation.
(1) 
Residential cooperative cultivation, as defined under this section, shall be prohibited in all zoning districts.
(2) 
Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
(a) 
A property containing medical marijuana, and cultivated by a nonresidential cooperative cultivation, shall not be located closer than 500 feet to where any place of religious worship, preschool, elementary or secondary school, day-care/child-care center, athletic field or playground is located.
(b) 
A cardholder shall only cooperatively cultivate in one location.
(c) 
No single location shall have more than one cooperative cultivation. For the purpose of this section, location means one structural building, not units within a structural building.
(d) 
The cooperative cultivation shall not be visible from the street or other public areas.
(e) 
A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.
(f) 
The property owner shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
(g) 
The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[3] The Building Official shall approve the application for permits pursuant to RIGL 23-27-100.01 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.
[3]
Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.
(h) 
A nonresidential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes.
(i) 
The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit.
(3) 
In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:
(a) 
That the area used for growing is secured by locked doors;
(b) 
That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
[Amended 11-13-2017 by Ch. No. 1907]
(c) 
That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
(d) 
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(e) 
That the area used for growing shall have carbon filters installed to reduce odors;
(f) 
That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
(4) 
Possession limits. Cooperative cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:
Mature Plants
Immature Plants (Seedlings) and Unusable Marijuana
Usable Marijuana
Nonresidential cooperative cultivation
48 plants
24 plants
10 ounces
F. 
Compassion centers. Compassion center uses, as established under § 21-28.6-1 et seq. of the Rhode Island General Laws, shall be prohibited in all zoning districts in Westerly except in the industrial zones of the Town and only upon the grant of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards has been met:
(1) 
The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.
(2) 
Findings.
(a) 
That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;
(b) 
That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate;
(c) 
That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and
(d) 
That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
(3) 
Location.
(a) 
All uses granted under this section shall not be located within:
[1] 
One thousand feet of the nearest residential zoning district, and the lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this section; or
[2] 
One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
[3] 
Two thousand feet of any other compassion center or cooperative cultivation site; or
[4] 
One thousand feet of any of the Westerly Town lines.
(b) 
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
(4) 
Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
(5) 
Lighting.
(a) 
Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the compassion center's front facade, and any adjoining public sidewalk.
(b) 
Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
(6) 
Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system and security alarm system.
(7) 
Parking. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.
(8) 
Signage and advertising. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.
(9) 
No use permitted under this section shall be established prior to submission and approval of a special use permit by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
(10) 
Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local and/or State Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the compassion center.
(11) 
Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[4] The Building Official shall approve the application for permits pursuant to RIGL 23-27-100.01 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.
[4]
Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.
(12) 
Possession limits. Compassion center possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:
Compassion center
Inventory of seedlings, plants and usable marijuana limited to reflect the projected needs of registered qualifying patients
G. 
Licensed cultivation. Licensed cultivation shall be prohibited in all zoning districts except industrial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
[Added 11-13-2017 by Ch. No. 1907[5]
(1) 
If the licensed cultivator does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.
(2) 
The Licensed Cultivator shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cultivator.
(3) 
The licensed cultivator shall apply for a zoning certificate, and the licensed cultivator or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27-100.01 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cultivator. Upon the annual renewal of its license in accordance with state regulations, a licensed cultivator shall reapply for a zoning use certificate, providing documented proof of such renewal.
(4) 
In addition to the requirements above, the licensed cultivator shall demonstrate to the Building Official that the following requirements have been met:
(a) 
That the area used for growing be secured by locked doors;
(b) 
That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
(c) 
That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;
(d) 
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(e) 
That the area used for growing shall have carbon filters installed to reduce odors;
(f) 
That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Department.
(5) 
Possession limits. Licensed cultivation possession limits shall be consistent with those stated in the Rhode Island General Laws.
[5]
Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.
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.
I. 
Enforcement.
(1) 
Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with § 260-26 of this chapter and subject to violations and penalties as provided in Chapter 1, Article II, General Penalty.
(2) 
All unpermitted preexisting cultivation shall be required to comply with this section.
(3) 
All uses permitted under this section shall comply fully with all licensing requirements of the Town of Westerly and laws of the State of Rhode Island.