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.
A. 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.
B. 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]
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.
A. 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.
B. 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:
(c)
Blacksmith/Welding/Machine Shop
(d)
Building Supply/Lumber Outlet
(3) Residential review (Reserved).
C. 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]
D. 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;
(c)
Stylistic features and themes;
(e)
Bulk and general massing;
(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.
(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.
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.
A. 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:
(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.
B. 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.
C. 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;
D. 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.
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.
A. 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.
B. 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.
C. 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.