Town of Charlestown, RI Overlay and Mixed Use Districts

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Article VIII Overlay and Mixed Use Districts

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§ 218-44 Flood hazard areas.

§ 218-45 Historic Village District.

§ 218-46 Groundwater Protection District.

§ 218-47 Mixed-Use Zoning Overlay District (MUZ).

§ 218-48 Planned Development District (PDD).

§ 218-49 Traditional Village District.

§ 218-44 Flood hazard areas.

These regulations are designed to minimize hazards to persons, damage to property from flooding, to protect watercourses from encroachment and to maintain the capacity of floodplains to retain and carry off floodwaters.

Applicability. This Section shall apply to any construction or any development that lies wholly or partly within special flood hazard areas identified by the Federal Insurance Administration through a scientific and engineering report entitled Flood Insurance Study, Town of Charlestown, Rhode Island, dated June 17, 1986. The accompanying Flood Insurance Rate Maps, Flood Hazard Boundary Maps (FHBM) dated September 30, 1995 and any Floodway Maps and any revisions thereto are hereby adopted by reference and declared to be an overlay district and part of this Ordinance. The requirements set forth in this Section shall be besides any requirements applicable elsewhere in this ordinance and in any other applicable regulation.

Regulations. Besides other federal, state or town regulations, the following requirements shall apply to any construction or other development located wholly or partly within special flood hazard areas:

(1)

Any proposed construction or other development shall require the approval of the Building Inspector and the issuance of a development permit by the Building Inspector.

(2)

Before the issuance of a development permit, the applicant shall submit all necessary permits and approvals from all government agencies required by federal or state law.

(3)

The applicant shall provide data showing the minimum and maximum elevation of the proposed site and the base flood elevation specified for the special flood hazard area.

(4)

No watercourse may be altered in a manner that will result in any decrease in the water-carrying capacity. No land shall be graded, filled or altered in such manner as to increase base flood levels during the occurrence of base flood discharge within the Town. Where any alteration is permitted, the Building Inspector shall notify the Rhode Island Statewide Planning Program and the Federal Insurance Administration.

(5)

Fill material for structural support shall not be permitted within special flood hazard areas. Only placement of nonstructural fill for minimal site grading and landscaping, and to meet local drainage requirements, shall be permitted.

[Amended 6-10-2019 by Ord. No. 384]

(6)

Drainage shall be provided for any construction or other development to reduce the exposure of the lot or site or any other land areas to flood hazards.

(7)

No outdoor storage of bulk materials or equipment shall be permitted that is likely to cause damage to property or obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods. Such material or equipment shall include, but not be limited to, floatable materials, water soluble materials, volatile or flammable materials, acids or poisons.

(8)

Provision shall be made for anchoring facilities, equipment, yard features and items normally positioned or stored on a lot or site outside of a structure which are capable of flotation or movement in flood waters.

(9)

A nonconforming use shall not be enlarged or extended when located in special flood hazard areas.

(10)

In Zones VI-V-30, all new construction must be landward of the reach of mean high tide.

(11)

In Zones VI-V-30, the alteration of sand dunes and/or undeveloped barrier beaches is prohibited for any purpose.

(12)

Recreational vehicles placed on sites within Zones A1-30, AH and AE shall either be (i) on the site for fewer than one hundred and eighty consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet all standards of Section 60.3 (b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for "manufactured homes" in paragraph (c)(6) of Section 60.3.

(13)

All new critical public safety facilities including emergency operations centers, police stations, and fire departments shall be located outside of the floodplain with a 0.2 percent chance of annual flooding (500 year flood), as delineated on the Community Flood Insurance Rate Map (FIRM).

[Added 6-10-2019 by Ord. No. 384]

§ 218-45 Historic Village District.

The purpose of the Historic Village Overlay District (HV) is to protect, preserve and maintain the quality of the Town's villages, to preserve the Town's heritage, cultural and architectural qualities, to foster civic beauty, to strengthen the local economy and to promote the use of such districts for the education, pleasure and welfare of the citizens of the Town.

Designation. The Historic Village Overlay Districts are hereby designated on the Town of Charlestown Official Zoning Maps that are part of this Ordinance and on file at the Town Clerk's Office.

Site Plan Review/Permitted Uses.

(1)

No new nonresidential structure shall be erected and no existing nonresidential structure shall be added on to, moved or demolished in any manner affecting the exterior appearance or location of such structure until site plan application has been approved by the Planning Commission or the Town Planner may approve minor changes according to the provisions of § 218-45D, Historic District Standards, and all other applicable local, state or federal regulations. No Work shall begin until such approval shall have been filed with the Building Inspector.

[Amended 6-25-2012 by Ord. No. 349]

(2)

The regulations of Historic Village District Overlays are in addition to requirements set forth for the underlying zoning districts. Any use permitted in the primary zoning district shall be permitted in the Historic Village Overlay District with the exception of the following:

(a)

Automobile Repair/Major

(b)

Automobile Repair/Minor

(c)

Blacksmith/Welding/Machine Shop

(d)

Building Supply/Lumber Outlet

(e)

Cold Storage Locker

(f)

Funeral Home

(g)

Miniature Golf Course

(h)

Saw Mill

(i)

Well Drilling Services

(3)

Residential review (Reserved).

Historic Village District Commission. The Planning Commission members shall sit as the Historic Village District Commission. Members of a historic district commission shall be required to participate in continuing education courses promulgated pursuant to § 45-70-3 of the General Laws entitled "Continuing education for local planning and zoning boards and historic district commissions."

[Amended 2-12-2024 by Ord. No. 409]

Historic District Standards. The Planning Commission acting under the relevant provisions of this Article shall determine the appropriateness of design elements of proposed buildings and alterations of existing buildings within the HV. Proposals shall be evaluated in relation to existing, adjacent and surrounding buildings. To be considered appropriate, buildings shall reflect the Charlestown traditional building style which is rural in character and similar to existing buildings. Nothing in this Section shall be construed to prevent routine maintenance or repair of any structure within a HV. The Planning Commission shall pass only on exterior features of a structure. In the case of an application affecting a structure that the Planning Commission deems valuable to the district, the Planning Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. In reviewing plans, the Planning Commission shall consider:

[Added 6-25-2012 by Ord. No. 349]

(1)

The historic or architectural value, the significance of the structure and its relation to the historic value of the surrounding district including:

(a)

Horizontal or vertical emphasis;

(b)

Scale;

(c)

Stylistic features and themes;

(d)

Height;

(e)

Bulk and general massing;

(f)

Proportion of openings;

(g)

Materials and textures of buildings and signage. Natural materials which are consistent with and do not create an adverse impact on the existing character and aesthetic integrity of the Charlestown Historic District shall be required. If the Building Official refuses to issue a building permit for the proposed alteration, the applicant shall be referred to the Planning Commission who shall review the application pursuant to § 218-71B and E(3)(b)[14]; and

(h)

Use of traditional roof pitches.

(2)

The relationship of the exterior architectural features of such structure to the rest of the structure and to the surrounding district;

(3)

All parking will be located on the side or rear of building except where physical site constraints are documented by the applicant. Within the HV the Planning Commission shall determine the adequate off-street parking requirements for uses reviewed under this Section. The Commission shall encourage applicants to use reserve parking areas, shared parking and satellite parking areas within the HV. Parking and driveway areas should reflect the historic character of the area and be screened where abutting residential uses or districts.

(4)

Any other historical or architectural factors, which the Commission deems to be pertinent to HV.

(5)

Sign Design Standards as specified in ARTICLE XI § 218-63F.

(a)

Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building.

(b)

Signs shall fit within the existing facade features, shall be confined to signable areas, and shall not interfere with floor and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs shall be placed on a facade only in a manner historically appropriate to the style of the building.

(c)

Wherever possible, signs located on buildings within the same block face shall be placed at the same height, in order to create a unified sign band.

(d)

Wood and painted materials shall be preferred for sign construction. Flat signs shall be framed with raised edges.

(e)

If signs are illuminated they shall either be spotlighted or backlighted with a diffused light source. Spotlighting shall require complete shielding of all light source; light shall be contained within the sign frame and shall not significantly spill over to other portions of the building or site. Backlighting shall illuminate the letters, characters, or graphics on the sign but not its background.

(f)

Signs shall be mounted so that the method of installation is concealed.

(6)

Prohibited signs.

(a)

Any sign prohibited by ARTICLE XI, Signs, of this Ordinance.

(b)

Exterior neon signs.

(c)

Window signs.

(7)

Moving or Demolition Applications. Moving structures of historic or architectural value may be permitted as an alternative to demolition. The Commission may approve such application if:

(a)

Such structure is a deterrent to a major improvement program and removal of which will be substantial benefit to the community;

(b)

Retention of such structure would cause undue financial hardship to the owner; or

(c)

The retention of such structure would not be in the interest of the health or safety of the community.

§ 218-46 Groundwater Protection District.

The purposes of the Groundwater Protection (GWP) District are to protect, preserve and maintain the quality and supply of the groundwater resources upon which the Town depends upon for a present and future water supply. It is also intended to implement the Town of Charlestown Comprehensive Plan 1991. The character of soils and subsoil conditions in this district is such that any use introducing pollutants, contaminants or wastes into the soil or the natural drainage system could adversely affect the quality of drinking water sources. The entire Town is dependent upon groundwater, therefore, regulation of land uses and land use practices that could contribute to the degradation of groundwater quality is necessary to ensure that the Town's current and future water sources are suitable for drinking water use. The entire Town is designated a moderate protection district for groundwater protection to be regulated by the prohibited uses, district use table, and the performance standards of this Ordinance. This Section is further intended to establish the GWP District as a high protection district.

Designation. The GWP consists of the wellhead protection areas and aquifer reservoirs and recharge areas described below and which appear on the Town of Charlestown Zoning Official Maps that are part of this Ordinance and on file at the Town Clerk's Office and on display in the Building Inspector's office.

(1)

Wellhead Protection Area. This area is defined as the community water system wellhead protection areas in Charlestown delineated by the RI DEM according to the Rhode Island Wellhead Protection Program, RI DEM, May, 1995 and any amendments thereto. The following community water suppliers have wellhead protection areas within Charlestown:

(a)

Castle Rock Apartments.

(b)

Shady Harbor Fire District.

(c)

East Beach Landing Condominiums.

(d)

Central Beach Fire District.

(e)

Border Hill Mobile Home Park.

(f)

Indian Cedar Mobile Home Park.

(2)

Groundwater Reservoir and Critical Recharge Area. This area is defined as the Lower Wood, Beaver-Pasquiset and Bradford groundwater reservoirs and the critical portions of their recharge area as delineated by the RI DEM pursuant to the method described in Policies and Procedures for Mapping Recharge Areas to Groundwater Reservoirs for GAA Classification, RI DEM, March 1990 and which are classified GAA by the RI DEM.

(3)

Discrepancy. Should there be a question whether an area is located in a groundwater protection area, the burden to prove the location is outside of the overlay district is the applicant's responsibility.

Permitted Uses. Any use permitted by right or special use permit in the primary zoning district unless listed below or proven in the future to be hazardous to groundwater.

Prohibited Uses.

(1)

Any use not permitted in the underlying zoning district.

(2)

Any use prohibited in § 218-38, Prohibited uses.

(3)

Hazardous waste treatment, storage, and disposal facilities.

(4)

Solid waste transfer stations;

(5)

Commercial wood preserving and furniture painting and refinishing;

(6)

All uses which discharge waste water on-site to the subsurface through septic systems, injection wells, dry wells, galleys or other means; except for the discharge of sanitary waste in accordance with an approved RI DEM individual sewage disposal system.

(7)

The washing of automobiles or trucks except as incidental to residential uses;

(8)

Underground storage of petroleum products and hazardous materials in any quantity. Replacement or upgrade of preexisting storage facilities to modern technologies would be exempt from this provision only if deemed to be in the public interest to do so;

(9)

Storage or piping of petroleum or refined petroleum products, except within buildings where the purpose of said petroleum products is to provide heat when burned. Storage of liquid fuel for said heating purpose more than five hundred gallons is prohibited except for storage of said liquid fuel that conforms with the regulations and permitting procedures of the RI DEM.

(10)

The parking of vehicles for the storage or delivery of fuel oil or hazardous material for a period exceeding two hours in every twenty-four hour period;

(11)

Uncovered storage of road salt and deicing chemicals and sand, and open storage of sand, soil and gravel;

(12)

Metal plating and etching;

(13)

Chemical, bacteriological, and medical research laboratories, and biotechnology facilities;

(14)

Taxidermy.

(15)

Interior floor drains.

Site Plan Review. Site plan review shall be required before the issuance of any building permit for any proposed use within the GWP District. Uses that are exempt in ARTICLE XII § 218-71C(1), Site Plan Required, shall be exempt from review in the GWP. Proof shall be submitted by the applicant that the proposed use will not cause contaminants to enter the groundwater in concentrations that could limit or impair the use of the groundwater as a drinking water supply. The Planning Commission shall review applications falling under ARTICLE XII § 218-71B, Planning Commission and the Town Planner shall review applications falling under ARTICLE XII § 218-71A, Town Planner.

(1)

Design Review and Standards. In addition to the materials required for site plan review, the following shall also be considered in the GWP District:

(a)

The simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality and/or quantity that would result if proposed control measures were to fail.

(b)

Restrictions and conditions may be imposed on a site plan approval that will safeguard groundwater and protect the source of water supply for the Town.

(c)

The applicant shall submit an Environmental Impact Statement in support of its application. The Environmental Impact Statement shall cover at a minimum the following;

[1]

A complete list of all chemical, pesticides, petroleum products, and other hazardous materials to be used or stored on the premises, accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, spill prevention and countermeasures;

[2]

A description of potentially hazardous wastes to be generated, indicating a storage and disposal method.

[3]

A plan showing the dimensions, elevations and nature of the proposed use; the amount, area and type of proposed fill, area and proposed nature of proposed grading; proposed drainage facilities; proposed roads, water and other utilities; and, specifications for building construction and material;

[4]

An erosion and sedimentation control plan conforming to the 1989 Rhode Island Soil Erosion and Sediment Control Handbook and any amendments thereto, and

[5]

A plan for stormwater management conforming to the 1993 Rhode Island Stormwater and Installation Standards Manual and any amendments thereto.

(d)

The applicant may be required to additionally address the following:

[1]

A map showing the existing environmental setting to include all man-made, natural and physiographic features within five hundred feet of the property line including but not limited to wetlands or water bodies, topographic contours at two foot intervals, vegetation and existing development;

[2]

A soils report by a Professional Soil Scientist, registered with the Society of Soil Scientists of Southern New England, to include the depth to groundwater, and soil strata description to fifteen feet;

[3]

A report by a groundwater hydrologist on the present surface and groundwater water quality conditions, the rate and direction of groundwater movement and a description of the analysis method used; and the potential impact to ground and surface waters from the proposed use. Such report shall also include the cumulative impacts of discharge pollutants over an extended period of time and a description of mitigation measures to include identification of any irreversible alteration of natural features as a result of the proposed action and potential cumulative impacts of water withdrawal if applicable;

(2)

Construction Standards. The following standards shall be used for all new uses within the GWP District, and all alterations, renovations or upgrades of existing facilities:

(a)

Upgrades of existing underground storage tanks shall be designed to meet or exceed the DEM and EPA standards and have;

[1]

Exterior coating/interior coating with epoxy resistant to materials it holds;

[2]

Vented with a minimum of eight foot extension above grade; and

[a]

A high level sound alarm;

[b]

Non-shrink groat around inlet piping;

[c]

Extension to grade from tank itself for manhole cover;

[d]

Groundwater elevation below the bottom of tank.

(b)

No washing or rinsing of dumpsters shall occur on-site.

(c)

Dumpsters that are used to store industrial wastes shall be covered or located within a roofed area and have drain plugs intact.

(d)

Chemical or hazardous material storage tanks including drums located outside shall have containment dikes or berms surrounding them. Containment dikes shall be coated concrete or metal large enough to contain one hundred and ten percent of tank capacity. Roof shall be placed over contaminate area to prevent precipitation from entering containment area.

(e)

Roof runoff shall be directed into dry wells or infiltrator units.

(f)

Drum storage areas shall be contained within a dike or berm with concrete or bituminous base.

(g)

Water conserving devices for showers, toilets and sinks shall be installed.

(h)

A minimum of twenty percent undisturbed open space land must be retained.

§ 218-47 Mixed-Use Zoning Overlay District (MUZ).

The purpose of the Mixed-Use Zoning Overlay District is to encourage small-scale business and residential uses consistent with the historic and pedestrian-scale characteristics that exist and which are unique to Charlestown village, to preserve the Town's heritage, to strengthen the local economy, to continue small town character and to promote the general welfare of the Town. The Mixed-Use Zoning Overlay District regulations set forth herein are consistent with and further implement the Town of Charlestown Comprehensive Plan, dated 1991, and any amendments thereto. These regulations are also intended to preserve the rural small town character of the Town, to encourage the most appropriate use of land, to enhance the beauty of the community, to provide affordable housing opportunities, to be consistent with the Rhode Island Coastal Resources Management Council Special Area Management Plan and to protect the character of the Charlestown village neighborhoods. These regulations shall be construed in a manner to further implement the goals, policies and applicable elements of the Charlestown Comprehensive Plan, dated 1991, and any amendments thereto.

Boundary. The boundary of the Mixed-Use Zoning Overlay District is attached hereto as Exhibit A and is incorporated herein by this reference (the "Mixed-Use Zoning Overlay District"). The Town Clerk is hereby authorized and directed to revise the Official Zoning Map of the Town of Charlestown that is part of the zoning ordinance.

General Provisions. The Mixed-Use Zoning Overlay District shall be governed and controlled by the following:

(1)

General Provisions. All activities, additions, alterations, renovations, and new construction that occur within the Mixed-Use Zoning Overlay District that require the issuance of a building permit shall first be reviewed pursuant to the provisions of ARTICLE XII, Development Plan Review and Land Development Review of the Charlestown Zoning Ordinance.

(2)

Density. No more than one dwelling unit per lot is permitted in the Mixed Use Zoning Overlay District, unless low or moderate income housing units are provided at a rate of fifty-nine (59) percent to each and every market rate dwelling unit. To be eligible to create more than one dwelling unit on any property located within the Mixed Use Zoning Overlay District, all required federal, state and/or local approvals/permits must be obtained and the total number of dwelling units shall be limited to the following formula:

Density is expressed in the following formula, where:
A	=	Number of Low or Moderate Income Dwelling Units
P	=	Percentage of Low or Moderate Income Dwelling Units - (59%)
N	=	Total Number of Dwelling Units.
M	=	Number of Market Rate Dwelling Units.
A	=	N X P rounded down to nearest whole number (M = N -A)

(3)

New Construction.

(a)

New building construction on any C1 or C2 zoned lot in the Mixed-Use Zoning Overlay District shall not have less square footage devoted to commercial use than the square footage of the footprint of the building. A second or third floor may have residential uses provided that the proper septic and well approvals can be obtained from the proper granting authorities.

(b)

New commercial building construction may have residential uses at ground level attached to the building at the side or rear, however the square footage of ground level residential uses shall not be greater than the commercial building footprint square footage. The building must meet all setback requirements and have proper well and septic approvals from the proper granting authorities. A second or third floor may have residential and/or commercial uses provided that the proper septic and well approvals can be obtained from the proper granting authorities.

(4)

Alterations/Additions. An existing commercial building may add second and third floors containing residential and/or commercial uses. If residential is to be added to an existing commercial building at ground level, it must be attached at the side or rear and may not exceed nor reduce the square footage of the commercial use in the existing commercial building.

(5)

Nonconforming Uses. Current non-conforming residential uses on C1 and C2 zoned lots within the Mixed-Use Zoning Overlay District shall become conforming upon passage of this Ordinance. Such property shall regain the rights of any other residence in a residential zone as long as the residence remains one-family. In addition, any residential use located on a C1 or C2 zoned lot may add an attached commercial use to the residence. All setback requirements for the underlying zoning in which the use is located must be observed, along with well and septic permits granted from the proper authorities.

(6)

Prohibited Uses/Structures. No new residential-only buildings shall be built on any C1 or C2 zoned lot in the Mixed-Use Zoning Overlay District. In addition, no metal buildings or metal-sided buildings are permitted within the mixed-use district.

Dimensional and Design Regulations

(1)

General. Unless specifically modified in this provision of the Charlestown Zoning Ordinance, all the otherwise applicable dimensional and design standards for new and altered structures, uses and land shall be required.

(2)

Building Footprint. The maximum building footprint for all new construction of any single building is limited to 10,000 square feet. Buildings with footprints of less than 5,000 square feet are permitted by-right, subject to review pursuant to ARTICLE XII, Development Plan Review and Land Development Review of the Charlestown Zoning Ordinance. Buildings with footprints of 5,000 square feet up to 10,000 square feet shall be permitted only upon the issuance of a special use permit, pursuant to § 218-23 and review pursuant to ARTICLE XII of the Charlestown Zoning Ordinance. More than one building per lot is permitted, subject to compliance with all other applicable provisions of the Charlestown Zoning Ordinance.

(3)

Building Height. All buildings on any lot zoned C1 and C2 within the Mixed-Use Zoning Overlay District shall be limited to 35 feet in height.

(4)

Bulk and Massing. The massing of new commercial buildings shall be deemphasized in a variety of ways, including the use of projecting and recessed sections, to reduce their apparent overall bulk and volume.

(5)

Roofing and Fascia. New buildings shall be topped with pitched roofs with overhanging eaves, but flat roofs with articulated parapets and cornices may be allowed at the discretion of the Administrative Officer or, if referred, the Planning Commission. The use of fascias, dormers and gables is encouraged to provide visual interest.

(6)

Setbacks. The required minimum front yard setback for any principal use located in the Mixed-Use Zoning Overlay District and zoned C1 or C2 shall be no less than twenty (20) feet from the property line. All other dimensional standards of the underlying zoning district shall govern the building envelope for parcels located in the Mixed-Use Zoning Overlay District.

(7)

Landscaping. The provisions of § 218-74 of the Charlestown Zoning Ordinance shall govern the landscape improvement requirements of the Mixed-Use Zoning Overlay District.

§ 218-48 Planned Development District (PDD).

Planned development authorized. This Section authorizes the creation of land development projects within a Planned Development District (PDD) in which one or more lots are to be developed as a coordinated site for a complex of uses, units, or structures.

Public purpose. The purpose of the PDD is to encourage a development resulting in a low intensity mixture of industrial, recreational, residential and commercial uses while maintaining the rural characteristics and the environmental resources of the Town. The purpose of this Section is to provide for the planning of land parcels as an integrated, coordinated unit as opposed to the traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This Section is intended to provide regulations to introduce flexibility of site design and architecture to provide for the conservation of land and open space through the clustering of buildings and activities. It is intended that a PDD will be characterized by integrated planning and architecture, joint or common use of parking, maintenance of open space and other facilities, and a harmonious selection and efficient distribution of uses. In addition, the purpose of this District is to implement the goals, objectives, and recommendations of the Town of Charlestown Comprehensive Plan 1991, as may be amended from time to time. The following are the objectives to achieve these purposes, which are intended to be given equal priority and are numbered for reference only:

(1)

To retain a sense of the rural landscape and character of the Town.

(2)

To protect surface and groundwater resources through the careful siting of sewage disposal systems, erosion and sediment control, the control of stormwater runoff and groundwater usage.

(3)

To limit and control access of new development on Town and State roads so that traffic safety and circulation are not affected adversely within and adjacent to the PDD.

(4)

To assure the clustering of new uses and parking areas on the most appropriate developable land within the PDD in order to retain sensitive environmental resources and preserve open space.

(5)

To assure that the design of new structures, parking areas, and landscaping is compatible with the natural features and topography of the land within the PDD.

(6)

To preserve the natural beauty of existing rural roads, farmland, topography and wooded areas, and to provide usable open space, greenways, and recreation facilities.

(7)

To encourage a less sprawling form of development which makes more efficient use of the land in a traditional village center which requires a shorter network of streets and utilities.

(8)

To provide for the integrity of existing plant and animal communities.

(9)

To provide an efficient procedure which can insure appropriate, high quality design and site planning, and a high level of environmental amenities.

(10)

To provide a variety of affordable housing opportunities and living spaces for a wide range of ages, needs, incomes, and lifestyles.

Boundaries. The area of Planned Development Districts is that land within the boundaries as designated as PDD on the Charlestown Official Zoning Maps filed in the offices of the Town Clerk and copies in the Building Inspector's office, as may be amended from time to time.

Use criteria. Permitted uses shall be those outlined in ARTICLE VI, Land Use Regulations, except that drive-through uses are prohibited.

General criteria.

(1)

Access and Traffic. The design of proposed access, street layouts, impacts on adjacent Town or State roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Commission for an application within a PDD. Common driveways and shared access that serve more than one property are encouraged. Roads within a PDD shall be constructed to the standards for roads established by the Town of Charlestown Subdivision Regulations. Roads shall be of rural rather than urban character. Non-grid road systems are encouraged. An application may be denied by the Commission if the proposal is deemed to create a hazardous condition when the traffic to be generated together with existing traffic conditions will adversely impact the safety of the general public.

(2)

Adequate Facilities. Prior to approving any phase of a PDD development plan, the Commission must be furnished with satisfactory evidence that acceptable capacity exists or improvements will be provided to support the application's proposed development including, but not limited to, the areas of water supply, storm water drainage, sewage disposal, solid waste disposal, public safety, emergency services, recreational facilities, educational services, and transportation. All PDD applications must also demonstrate that the proposed development is approved by any other local, state, or federal agency having jurisdiction over such matters.

(3)

Building Permits. A building permit shall only be issued within a PDD only if the application for which the permit is to be issued, is in conformance with the approved development plan and if the required site improvements are completed and in place.

(4)

Density and Impervious Coverage.

(a)

Units Permitted.

[1]

Residential Density. The density of a PDD shall be equal to or less than the density permitted under a residential cluster subdivision within a R-3A zoning district. The density of a PDD cannot be varied. The PDD is not intended as a device to circumvent zoning density regulations, standards, and good planning practice. Site planning layout for single family dwelling units and/or multifamily dwelling units shall utilize the provisions of § 218-52, Residential Cluster Subdivision and/or § 218-51, Multi-Family Dwellings

[2]

Non-residential Density. Non-residential Development shall not exceed 40 percent of the PDD and shall progress in coordination with the residential development. Lot layout shall utilize the nonresidential provisions of § 218-41, Dimensional Table, for site planning. Non-residential development shall not exceed the impacts of a R-3A residential cluster subdivision, especially in the areas of water use, septic waste generation and nitrate loading, and impervious coverage.

(b)

Impervious Coverage. The maximum amount of impervious coverage shall not exceed the equivalent percentage of a residential cluster subdivision developed in a R-3A district for the site or a maximum of 10 percent. A wide range of techniques is encouraged to minimize impervious cover.

(5)

Master Plan/Development Plan Review Required. A master plan of all property within each PDD shall be submitted as part of the conceptual review stage of the Development Plan Review and/or Subdivision review process. The master plan shall detail all existing lots, proposed future lots, proposed uses, the proposed layout of streets, driveways, parking areas, landscaping, infrastructure, environmental features, phases, information from an environmental analysis and any other item the Commission deems necessary to review the entire PDD property as a whole. Master plans shall be prepared by a Rhode Island Registered Professional Engineer and/or Land Surveyor and be accompanied by appropriate supporting documentation from a Rhode Island Registered Architect or Landscape Architect where required.

(6)

Environmental Analysis. The Commission shall require the applicant to submit an environmental analysis as outlined in the Charlestown Subdivision Regulations on the proposal or may contract with an outside consultant for one at the applicant's expense to adequately review the application. The environmental analysis shall include a survey of the flora and fauna of the entire site. The Commission may consult with other local boards, commissions, or the staff of state or federal agencies in order to adequately review the environmental analysis. The applicant shall consult with the Rhode Island Natural Heritage Program among other agencies in the preparation of the environmental analysis.

(7)

Fire District Inspection. All PDD applications shall provide adequate water supply and emergency access for fire suppression and evidence of compliance with applicable fire codes. A letter from the fire district within whose boundaries the PDD is located shall be submitted at the conceptual review approving of the PDD as proposed or stating what improvements would be necessary to adequately provide fire protection to the site.

(8)

Legal Instruments. The proposed declaration of covenants, conditions, and restrictions for the PDD must be submitted with the master plan. In addition, any other proposed legal instruments for the protection and maintenance of common-open areas, recreation areas, and utilities if any, must be submitted. These legal instruments must be approved by the Town Solicitor to ensure the Town's interests are protected. The deeds to property in the PDD must provide that each property owner in the PDD is the owner of an undivided interest in the common areas and that private structures of any type are prohibited in the common areas. A copy of all recorded legal instruments must be filed with a building permit application.

(9)

Off-Site Improvements. Construction of facilities or improvements outside of the PDD may be required where the Commission finds the proposed development may impact the general health, safety or welfare of the Town and off-site improvements would mitigate this impact. The Commission shall identify the need for such improvements in setting forth findings of fact based upon information submitted, studies and knowledge of the impacted area, and the Comprehensive Plan. The Commission shall identify any significant negative impacts of a proposed PDD on existing conditions within or in the vicinity of the PDD and the reasons for and the extent to which mitigative measures are required.

(10)

Open Space. Common open space shall comprise not less than twenty-five percent of the total area of the PDD. Such space may include land area to be developed as recreational areas for the common use of all occupants of the PDD, but shall not include streets, off-street parking areas, rights-of-way, required buffers, setback areas, and utility easements.

(11)

Other Information. The Commission may request and the applicant shall provide any other information deemed necessary by the Commission to evaluate the application for compliance with the regulations contained herein and other applicable laws and regulations so that there will be no adverse impacts to the public's health, welfare, or safety.

(12)

Summary Report. The conceptual application for a PDD shall include a written summary report which includes, but is not limited to the following:

(a)

How the intent and purposes of this Section and Ordinance will be achieved by the proposed PDD.

(b)

A description of how the PDD will relate to surrounding land uses.

(c)

Sketches or illustrations of the proposed architecture of the development and a description of how the overall design proposed is compatible with the rural character of the Town.

(d)

Whether other land use reviews will be required for subdivision review, variances, or special use permits and the timing of development.

(e)

The different land uses proposed by type and amount of land, including specifically the amount of land for housing, open space, streets, recreation, parking and commercial uses.

(f)

A statement on how the necessary services will be provided.

(g)

The names and addresses of all professional consultants who have assisted in the development of the PDD application submitted.

(h)

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PDD, including a statement of all legal, beneficial, tenancy and contractual interest.

(i)

A section describing how the proposed PDD's is consistent with the applicable goals, policies, and recommendations of the Town's Comprehensive Plan.

(13)

Site Development Standards.

(a)

Architectural Standards. Each PDD shall include the following design standards:

[1]

Windows shall maintain a consistent design character which shall be maintained throughout the development.

[2]

Building design shall use traditional New England natural building products and forms.

[3]

The design of units shall recognize the need for natural light, ventilation, amenity space, privacy, maintenance, and fire protection.

[4]

Twenty percent of the length of building facades may exceed the heights limits specified in ARTICLE VII § 218-42B, Building Height., in order to provide roofline and facade variations, accents, tower elements and other similar architectural elements which do not increase the floor area of the structure.

[5]

The overall design shall maintain the visual integrity of hilltops and ridgelines. Development shall be sited no higher than the average canopy height of trees on the ridgeline or hill top.

[6]

The overall design of the built and landscaped development shall follow the natural topography. The development should not be visually intrusive from adjacent property, roadways or other public areas.

[7]

Large scale development should take the form of village-like groupings of small scale buildings, rather than a large individual structure or box-like buildings set back on a large expanse of paved parking. New buildings shall not be large, bulky masses, but shall be scaled down into groupings of smaller attached or detached structures.

(b)

Landscaping and Screening. Prior to the issuance of permits for any permits with a PDD, the PDD shall conform to the provisions of the landscape regulations of § 218-74, Landscaping, of this Ordinance. A landscaping plan shall be submitted for all PDD applications at the Master plan review and shall additionally address the following standards.

[1]

The landscape plan shall address visual and audio aspects of the landscape. Scenic views and vistas, particularly as seen from public roads shall be preserved and enhanced. The landscape plan shall show the street view of the property and adjacent properties in predevelopment and post-development conditions.

[2]

Any disturbed portion of a developed lot or property that is not used for the location of buildings, structures, or accessory uses shall be landscaped and maintained or left as natural vegetation.

[3]

Unique site features such as historic stone walls, archaeological sites, cemeteries or ledge faces, shall be retained and protected. Such features shall be incorporated into the overall landscaping design.

[4]

Every reasonable effort shall be made to preserve existing healthy, mature trees, and specimen or endangered vegetation shall be retained. Consideration shall be given to using native sustainable plant materials. The Commission may require the preparation of a plan showing the location of significant trees within the PDD in order to maximize the preservation of such trees and their incorporation into the proposed development plan.

[5]

A front landscaped area may be required for all uses. This area shall be covered with grass and/or other ground cover and shall include appropriate trees and shrubs. As a minimum, one shade tree having a caliper of three inches and height of eight feet shall be planted for every fifty feet or fraction thereof of lot frontage where natural vegetation is not retained.

[6]

Side and rear yard landscaping may be required for all uses. Sod and/or seeding shall not constitute adequate landscaping. Tree and shrub plantings shall be combined with sod and/or seeding. All building foundations shall be landscaped with sustainable trees and shrubs.

[7]

Storage areas, service areas, trash receptacles, utility structures and similar structures shall be screened with appropriate plantings or enclosed in a structure with construction materials, colors, and appearance similar to that of the main buildings.

[8]

A PDD shall have a one hundred foot perimeter undisturbed buffer to provide an adequate transition between the development, existing town or state roads and abutting land uses. The buffer shall remain in its natural state unless otherwise approved by the Commission.

[a]

When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping and shall be visually impervious.

(c)

Lighting. Where lighting is deemed necessary, low intensity light shall be used to illuminate a PDD and shall be capped and directed away from adjacent properties. It shall be shielded from roadways and other public areas. Non-sodium vapor lights shall be used.

(d)

Lots. The proposed uses shall be clustered in such a manner to make efficient use of land resources and to reduce the amount of impervious surfaces and infrastructure. The impact on existing uses and the rural character of the area shall be considered in the layout and the overall design of the PDD.

[1]

Single family and attached clustered family dwelling units are permitted with a maximum of four family units per cluster and a maximum of eight bedrooms per cluster.

[2]

Non-residential uses abutting residential districts and/or residential uses shall provide twice the regular yard setbacks where abutting such residential district and/or use. To encourage clustering of development in the most appropriate locations, the Planning Commission at its discretion, may approve a development review plan showing a side or rear yard of lesser dimensions where it determines on two or more adjacent lots that such development plan would best achieve the objectives of the PDD.

(e)

Open Space. There shall be twenty-five percent of the total lot area provided as permanent open space. No more than five percent of the open space may consist of constraints to development. The location of the open space shall be contiguous to existing open space areas or in areas of the highest probability of connecting to future open space or greenway corridors.

[1]

Permitted uses in the open space are limited to the following:

[a]

Passive recreation which is defined as activities which use the land with minimal disturbance, not to exceed five percent of the open space.

[b]

Recreational trails for non-motorized use, except that motorized wheelchairs are permitted.

[c]

The Planning Commission may approve structures under two hundred square feet for picnic shelters, maintenance equipment, storage, or other uses accessory to a permitted open space common use.

[d]

Forest management activities designed to promote healthy and aesthetic forests.

[2]

Ownership and maintenance of the open space shall be the responsibility of a property owners association. Each lot or interest within the PDD shall be deemed as a unit granting to the parcel owner a proportionate undivided interest in the common area in perpetuity, with such restrictions as may be approved by the Commission in approving the PDD.

[3]

A conservation easement as approved by the Town Solicitor shall be granted to the Town of Charlestown on the open space to protect the preserved land in accordance with the approved PDD.

(f)

Parking Standards.

[1]

Parking use ratios shall be as stipulated in § 218-56, Required parking For mixed uses with different parking requirements, the number of parking spaces required shall equal the sum of all the individual uses. Land area shall be provided for the maximum number of spaces required, but actual construction may be phased by use and phases shall be indicated on the master plan

[2]

Parking areas shall not be located within any required yard setback, buffer area, open space area or required landscaped area. Off-street parking must be located in rear yards where feasible in order to screen such facilities from adjacent streets. The Commission shall review the proposed location of parking facilities and may require relocation, modification, or additional screening in order to protect views from adjacent property, public and private streets. The Commission shall require that all off-street parking and loading facilities shall be located so that they are not visible from Route 1 or Route 112.

[3]

For uses requiring more than forty parking spaces, smaller interconnected parking areas of no more than forty spaces shall be provided rather than a single large parking lot. Shared parking shall be encouraged for mixed uses which have different hours, days, and/or seasons of peak parking demand. The Commission may, permit individual parking standards to be reduced for separate uses where it can be demonstrated that adequate parking may be made available on a shared basis. The Commission may require written easements or other legal assurances as may be required to enforce shared parking arrangements. Where reasonable and practical, the Commission shall require common driveways and interconnected parking lots in order to facilitate shared parking.

[4]

Parking areas, fire lanes, service drives and driveways shall be a dust free surface. Overflow lots that are used infrequently could have grass or other porous surfaces.

(g)

Public Facilities. The applicant is responsible for providing the necessary utilities and appropriate facilities for the PDD. All public facilities needed to serve the PDD must be provided to the exterior boundaries of the PDD by rights-of-way or easements. Where technically feasible and allowed by state law, joint or common water and or sanitation systems should be used. Public utilities shall be installed underground and according to the provisions of the Charlestown Subdivision Regulations.

(h)

Trails. Pedestrian circulation systems must be provided to facilitate movement within the PDD to ensure safe pedestrian access to public uses. Consideration shall be given to the preservation and connection of areas used for wildlife habitat, wildlife corridors, greenways, and recreational trails. Where sidewalks are not proposed in the PDD, trails may be required to facilitate interior pedestrian access, access to open space, and access to other interconnecting properties. Existing planned and/or platted trails from adjacent properties shall be continued and incorporated in the design of the PDD.

[1]

Trail Design.

[a]

Trails shall be located off street/rights-of-way wherever possible for pedestrian safety. Whenever trails are located within street/rights-of-way, the trails shall be designed to minimize pedestrian and traffic hazards.

[b]

Trails shall be designed to minimize grading and scarring of the landscape and not cause erosion and drainage problems.

[2]

Wildlife and Vegetation. Wildlife habitat shall be preserved as required by the Commission and State law. Noise and light sources shall be oriented away from such areas. Vegetation habitat shall be preserved or supplemented by additional landscaping to buffer and screen adjacent land uses, and buffer man-made structures on the property where necessary to protect wildlife.

(14)

Restrictions and Conditions. The Commission may make such requirements, conditions, or restrictions felt to be reasonable and necessary to ensure that the proposed PDD is compatible with the existing and permitted land uses in the surrounding areas. Such conditions shall assure a proposed PDD will not adversely affect the health, safety, and welfare of the adjacent landowners and residents of the Town and be consistent with the Comprehensive Plan. Conditions may be imposed, but not limited to, to insure the proposed PDD will not result in undue traffic congestion or traffic hazards, be adequately landscaped, buffered and screened, and mitigate potent impacts on adjacent properties. As an alternative, the applicant may elect to construct additional improvements to offset potential effects of the proposed PDD.

(15)

Evaluation and Approval Criteria.

(a)

The Planning Commission may be flexible in its consideration of an application under this Section and shall evaluate the project with the requirements of this Section. However, nothing contained herein shall compel the Commission to approve a PDD application. Upon review and evaluation, the Commission may consider one of the following courses of action:

[1]

To request modification of the application;

[2]

To approve with conditions, a PDD application to permit a number of units which is less than the maximum number permitted by conventional zoning; or

[3]

To approve with conditions, a PDD application to permit a number of units which is equal to what would be permitted by conventional zoning; or

[4]

To deny a PDD application.

(b)

The review and evaluation of a proposed PDD and supporting materials shall include, but not be limited to the following criteria:

[1]

The proposed PDD is consistent with the intent and purposes of this Section and the intent and purposes of this Ordinance.

[2]

Adequate property control is established and provided to protect abutting property owner's and to define legal responsibilities for maintenance and upkeep.

[3]

The interior circulation plan and the access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public.

[4]

A sufficient amount of usable open space is provided.

[5]

The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy of abutting property.

[6]

The architectural design of the projects is compatible with the surrounding area.

[7]

The drainage and utility system plans are adequate for the safety of the project residents and the general public.

[8]

The development schedule insures a logical development of the site which will protect the public interest and conserve land.

[9]

The Building Inspector has certified that the proposed principal and accessory uses will be in compliance with the provisions of the Zoning Ordinance.

[10]

The PDD will provide a more beneficial use of land through the provision of interconnected open space, the conservation of environmental features, aesthetic features and harmonious design, and an energy efficient site design.

[11]

Based on the information submitted, the PDD will not have a adverse impact on the surrounding area and will be in harmony and compatible with the neighborhood. Compatibility includes but is not limited to size, scale, mass, architectural design, and landscaping;

[12]

The proposal complies with the minimum subdivision requirements set forth in the Town's Subdivision Regulations.

[13]

The PDD will be in accordance with and further the Goals and Policies of the Town's Comprehensive Plan.

[14]

The project will be served by or will provide adequate facilities including streets, recreation facilities, fire protection, water, and sanitation.

[15]

The PDD will result in no significantly greater burden on present and projected public facilities and services than conventional zoning.

[16]

Based upon the application submitted, that undue traffic congestion or traffic hazards will not result from the proposed PDD. The roadways, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed PDD and in the vicinity of the proposed PDD.

[17]

Based on the application submitted, the development will not cause significant air, water, or noise pollution.

[18]

The soil and drainage conditions are of sufficiently stable nature to support the proposed development as indicated by the State's approval of the proposed PDD sewage disposal treatment method.

[19]

Fire hazards will not be created or increased and emergency vehicle access is provided.

[20]

The PDD will not adversely affect any land of significant natural, historical, cultural, recreational or aesthetic value;

[21]

The benefits of preservation of a larger land area is accomplished by approving a development which utilizes a smaller area.

[22]

The proposed PDD, because of conditions that have been applied to it, will not be detrimental to the health, safety and general welfare of persons residing or working in the area, and will not adversely affect other property in the vicinity.

(16)

Subdivisions and Other Regulations.

(a)

Subdivision Approval. If subdivision review and development plan approval are required, an applicant may request that a coordinated review under this Section be carried out simultaneously provided that the application satisfies all of the requirements of the applicable Charlestown Subdivision Regulations. Public notice procedures shall follow the procedural requirements of the Charlestown Subdivision Regulations for major subdivisions. Final Plan review will be conducted subject to the provisions for major subdivision final plans in the Charlestown Subdivision Regulations. No construction or site work for a PDD shall begin until a preliminary plan of such development has been approved by the Planning Commission. Time periods for approvals shall be as stipulated in the Subdivision Regulations.

(b)

Special Use Permits. In applications where special use permits are required for a proposed use in a PDD application, review and approval of the special use permit shall first be carried out by the Zoning Board of Review.

(c)

Other Regulations. All other sections of this Ordinance also serve to regulate a proposed PDD, as do all provisions of Charlestown Subdivision Regulations, and the Divisions and Sections of the Municipal Code of the Town of Charlestown.

(17)

Amendments. Applicants may apply for changes to approved PDD plans. Request for amendments must be submitted in writing to the Planning Commission.

(a)

Minor Changes in Location, Placement and Height. Minor changes in the location, placement and height of structures may be authorized by the Commission when required by engineering or other site construction circumstances not foreseen at the time the preliminary plan was approved.

(b)

Significant Change in Use, Location, Size and Height. Changes in uses, changes in locations, size, or height of structures, any rearrangement of lots, blocks and building tracts, changes in provision of common open spaces and all other such changes to approved plans may be made only after a public hearing conducted by the Commission.

(c)

The amendment shall be consistent with the efficient development and preservation of the entire PDD. It shall not affect, in a substantially adverse manner, either the enjoyment of land abutting the PDD or the public interest and shall not be approved solely to confer a special benefit upon any person.

(18)

Timing of Development. In order to regulate the development of new construction within a PDD and to prevent excessive development from exceeding the capacity of the Town and/or other public or private agencies to provide essential services and facilities, the Commission may require the construction to be divided into reasonable phases. If phasing is required by the Commission the following shall apply:

(a)

The Commission shall grant approval of the entire site design first as a master plan. Thereafter the development plans shall be submitted for review by phases as stipulated in the Charlestown Subdivision Regulations.

(b)

The master plan documents shall contain the information specified in the Charlestown Subdivision Regulations for master plan review as well as the physical limits of the phases, the schedule and sequence of public improvement installation, and the work and completion schedules for approvals and construction of the phases.

(c)

The Commission may set phasing of construction in order to coordinate the generation of traffic from the PDD to schedules for completion of on-site or off-site traffic control improvements; to ensure that adequate capacity exists or will exist for provision of wastewater treatment or drinking water supplies.

(d)

The Commission may also phase construction which, if developed too quickly, may create significant negative financial impacts upon critical Town services, including schools, emergency services, stormwater drainage facilities, or other services.

(e)

Where mixed-use development is proposed, the Commission may also establish requirements on the amount of development of a particular land use which must be completed before other types of land uses are completed.

(f)

In establishing phasing requirements, the Commission shall consider the ability of the Town, State, or other public or private agencies to provide adequate permanent services, facilities, or capacity and shall establish timing controls which regulate development according to these capacities, but do not reasonably restrict the development of the PDD according to the policies of the Comprehensive Plan and in accordance with these and other land use regulations of the Town.

§ 218-49 Traditional Village District.

Purpose. The purpose of the TVD is to encourage small-scale business and residential uses consistent with the historic and pedestrian-scale characteristics that exist and which are unique to Charlestown village, to preserve the Town's heritage, to strengthen the local economy, to continue small town character and aesthetics and to promote the general welfare of the Town. The TVD regulations set forth herein are consistent with and further implement the Town of Charlestown Comprehensive Plan, dated 1991, and any amendments thereto. These regulations are also intended to preserve the rural small town character of the Town, to encourage the most appropriate use of land, to enhance the beauty of the community, to provide affordable housing opportunities, to be consistent with the Rhode Island Coastal Resources Management Council Special Area Management Plan and to protect the character of the Charlestown village neighborhoods. These regulations shall be construed in a manner to further implement the goals, policies and applicable elements of the Charlestown Comprehensive Plan, dated 1991, and any amendments thereto.

Permitted Uses. Those land uses that are permitted to be located within the TVD are those land uses permitted by-right or conditionally-permitted only upon the issuance of a special use permit from the Zoning Board of Review, as set forth in § 218-36, Land Use Table.

Boundary. The boundary of the TVD is that area set forth on the map attached as Exhibit B and incorporated herein by this reference. The Town Clerk is hereby authorized and directed to revise the Official Zoning Map of the Town of Charlestown that is part of the zoning ordinance. All lots listed as TVD shall be re-zoned from the existing standard district of C-1 or C-2 to TVD and all lots listed as TVD shall be removed from the Mixed Use Overlay District. The remaining overlay districts shall remain in full force and effect.

General Provisions. The TVD shall be governed and controlled by the following:

(1)

All activities, additions, alterations, renovations, and new construction that occur within the TVD that require the issuance of a building permit shall first be reviewed pursuant to the provisions of ARTICLE XII, Development Plan Review and Land Development Review, of the Charlestown Zoning Ordinance.

(2)

Prohibited Uses. Prohibited uses within the TVD include the following:

(a)

OUTDOOR DISPLAYS: The display and sale of products and services outside of a building or structure is prohibited between the hours of 8 p.m. and 7 a.m. Specific holiday related displays may be shown for three weeks prior to the holiday and one week following the holiday.

(b)

FLEET VEHICLES: Outside parking or storage of three or more vehicles, used for commercial purposes, at one location is prohibited, unless obscured from public roads by a building or year- round vegetated buffer.

(c)

OUTDOOR STORAGE: The keeping of any goods, junk, material, or merchandise or portable storage containers in the same general place for more than twenty-four (24) hours is prohibited unless obscured from public view by a vegetative screen or buffer.

(d)

All those uses prohibited set forth in § 218-38 of this Code.

(3)

Density. No more than one dwelling unit per lot is permitted in the TVD, unless low or moderate income housing units are provided at a rate of fifty-nine (59) percent to each and every market rate dwelling unit. To be eligible to create more than one dwelling unit on any property located within the TVD, all required federal, state and/or local approvals/permits must be obtained and the total number of dwelling units shall be limited to the following formula:

Density is expressed in the following formula, where:
A	=	Number of Low or Moderate Income Dwelling Units
P	=	Percentage of Low or Moderate Income Dwelling Units - (59%)
N	=	Total Number of Dwelling Units.
M	=	Number of Market Rate Dwelling Units.
A	=	N x P rounded down to nearest whole number (M = N -A)

(4)

New Construction.

(a)

New building construction on any lot in the TVD shall not have less square footage devoted to commercial use than the square footage of the footprint of the building. A second or third floor may have residential uses provided that the proper septic and well approvals can be obtained from the proper granting authorities.

(b)

New commercial building construction may have residential uses at ground level attached to the building at the side or rear, in which case the square footage of residential uses shall not be greater than the commercial building footprint square footage. The building must meet all setback requirements and have proper well and septic approvals from the proper granting authorities. A second or third floor may have residential uses provided that the proper septic and well approvals can be obtained from the proper granting authorities.

(5)

Alterations/Additions. An existing commercial building may add second and third floors containing residential and commercial uses. If residential is to be added to an existing commercial building at ground level, it must be attached at the side or rear and may not exceed nor reduce the square footage of the commercial use in the existing commercial building.

(6)

Nonconforming Uses. Current non-conforming residential uses on lots within the TVD shall become conforming upon passage of this ordinance. In addition, any residential use located in the TVD may add an attached or detached commercial use to the residence.

(7)

Prohibited Uses/Structures. No new residential-only buildings shall be built on any lot in the TVD. In addition, no metal buildings or metal-sided buildings are permitted within the TVD.

Dimensional and Design Regulations.

(1)

General. Unless specifically modified in this Chapter of the Charlestown Zoning Ordinance, all the otherwise applicable dimensional and design standards for new and altered structures, uses and land shall be required. See also the standards set forth in ARTICLE VII, Dimensional requirements.

(2)

Building Footprint. The maximum building footprint for all new construction of any single building is limited to 8,000 square feet. Buildings with footprints of 4,000 square feet or less are permitted by-right, subject to review pursuant to Article XII, Development Plan Review and Land Development Review of this Ordinance. Buildings with footprints greater than 4,000 square feet up to 8,000 square feet shall be permitted only upon the issuance of a special use permit, pursuant to § 218-23 Special Use Permits and review pursuant to ARTICLE XII, Development Plan Review and Land Development Review, of this Ordinance. More than one building per lot is permitted, subject to compliance with all other applicable provisions of the Charlestown Zoning Ordinance.

[Amended 2-11-2019 by Ord. No. 380]

(3)

Building Height. All buildings on any lot zoned within the TVD shall be limited to 35 feet in height.

(4)

(5)

Roofing and Fascia. New buildings shall be topped with pitched roofs with overhanging eaves, but flat roofs with articulated parapets and cornices may be allowed at the discretion of the Administrative Officer or, if referred to the Planning Commission. The use of fascias, dormers and gables is encouraged to provide visual interest.

(6)

Landscaping. The provisions of § 218-57 and § 218-74 of the Charlestown Zoning Ordinance shall govern the landscape improvement and buffer requirements of the TVD.