[1]
Editor's Note: The Table of Uses for §§ 260-8 through 260-19 is included at the end of this chapter.
A.
Includes livestock for food production, fish and fowl, and raising of cattle and hens for purposes of producing milk and eggs; but not including apparatus for food processing of these products, nor animals for scientific or laboratory testing. No wholesale or retail sales except as permitted in subsection § 260-8E.
B.
Includes breeding of livestock for food production,
pets, fish, racehorses and/or fowl. Farmhouse and storage of farm-related
equipment are allowable accessory uses.
C.
Includes raising of vegetables, fruit, hay, sod, trees,
flowers, plants and similar crops commonly used for household consumption;
but not including food processing, canning and baking.
D.
Includes the raising and sale of flowers, trees and
plants used for decoration and landscaping.
E.
Includes farm stands, limited to food, trees, flowers,
plants, and similar crops. *Subject to location approval by Zoning
Board of Review.
F.
Includes
two or more cardholders who cooperatively cultivate marijuana in a
nonresidential zoning district subject to the restrictions set forth
in R.I.G.L. § 21-28.6-14.
[Added 2-18-2020 by Ord. No. 2019-11]
G.
Includes
two or more cardholders who cooperatively cultivate marijuana in a
residential zoning district subject to the restrictions set forth
in R.I.G.L. § 21-28.6-14.
[Added 2-18-2020 by Ord. No. 2019-11]
H.
Includes
marijuana cultivation by a single registered patient cardholder for
medical use only, as defined in R.I.G.L. Chapter 21-28.6-3.
[Added 2-18-2020 by Ord. No. 2019-11]
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
[Amended 3-18-2008 by Ord. No. 07-19]
A.
One dwelling unit or household unit as defined in
this chapter. There shall be no more than one main residential building
on any one lot.
(1)
**A special use permit for this use in a CR-1 Zone
shall be constrained so that development of the site for residential
use is limited to RA-40 dimensional requirements.
B.
Two dwelling units or household units as defined in
this chapter, including semidetached structures. There shall be no
more than one main residential building on any one lot.
C.
Three or more dwelling units or household units.
D.
A facility offering temporary lodging and breakfast.
The facility shall not have more than five units for temporary lodging.
Cooking on premises is allowed for guests only, not open to general
public.
E.
Includes hotels, motels, and bed-and-breakfasts with
more than five units but less than 26 units. Cooking on premises is
allowed for guests only, not open to general public.
F.
Includes hotels and motels. Cooking on premises is
allowed for guests only, not open to public.
(1)
**Temporary lodging, 26 or more rooms in
a CR2 Zoning District: Such a use is allowed by right as an accessory
to a state-licensed casino gaming and entertainment facility, so long
as it is subject to review under applicable Town of Lincoln land use
regulations.
[Added 9-15-2015 by Ord. No. 2015-10]
G.
The use or storage of one or more residential mobile
homes, mobile home parks, and trailer parks. In the case of fire or
other acts of God resulting in severe damage to a building, a mobile
home may be used as temporary housing while necessary repairs are
conducted to make the damaged structure usable, and in no case shall
the mobile home remain on site for more than one year. This does not
exclude a property owner, in a residential district, from storing
one recreational camper/mobile home as long as it is not used for
living/sleeping space.
H.
As defined in R.I.G.L. § 45-24-31(15), and this chapter: A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include but not be limited to the following: a) Whenever six or fewer children or adults with intellectual disabilities reside in any type of residence in the community, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws. All requirements pertaining to local zoning are waived for these community residences; b) A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws; c) A residence for children providing care or supervision, or both, to not more than eight children including those of the caregiver and licensed by the state pursuant to Chapter 72.1 of Title 42 of the Rhode Island General Laws; d) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
[Amended 7-26-2022 by Ord. No. 2022-4]
I.
Includes retirement home, home for aged, extended
care, and convalescent housing.
J.
Home day care in lieu of parental care or supervision
is offered at the same time to six or fewer individuals who are not
relatives of the caregiver, but may not contain more than a total
of eight individuals receiving day care as licensed by the State of
Rhode Island and local fire marshal.
K.
Customary home occupation performed by the occupant
and using no more than 400 square feet of floor area, providing such
activity shall not be visible from a lot line and that there is no
exterior advertising. A customary home occupation must have no employees
except members of the family living on the premises. The use shall
not result in a noticeable increase in parking or vehicular traffic,
nor shall it adversely impact the surrounding area.
L.
Accessory family dwelling units: Dwelling unit attached
to a single-family dwelling unit which may have a separate entrance
and egress, living quarters, as well as kitchen and bath facilities.
The accessory family dwelling unit can only be occupied by relatives
of the owner of the primary residence. The owners of the primary residence
shall be required to submit annually to the Town a letter of occupancy
of relatives as a condition of the special use permit. This special
use permit shall be renewed by the Zoning Board of Review every five
years from the date of the granting of the original special use permit.
M.
Senior residential communities: A senior residential community is a community of single-family residential dwelling units or attached multifamily dwelling units with respect to which the following conditions are applicable: the community shall contain a minimum of five acres of lot area with a total density that shall not exceed 15 dwelling units per acre of lot area, the maximum percentage of lot building coverage shall be 35%. In addition to the requirements set forth in Article XI, Special Use Permits, all proposed senior residential community projects shall specifically address and include written evidence for the record of meeting the requirements set forth in Article XII, Special Conditions, occupancy is limited to require that at least 80% of the occupied units must be occupied by at least one person 55 years of age and older. Moreover, no person 18 years of age and younger may be a permanent resident of any unit. Notwithstanding anything to the contrary in the foregoing, individuals with handicaps are permitted as residents in the community.
N.
Mixed use: A combination of residential and commercial
uses located on one lot. There shall be no more than one main building
on any one lot.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Includes uses owned by government or private groups.
This also allows for special charitable events, provided any necessary
licensing is obtained.
B.
Includes public and private courses, miniature golf
and Par-3 courses.
C.
The outdoor display of movies for profit.
D.
Any type of animal racing or competition, but excluding
any form of illegal animal racing or competition. This use is subject
to a host community agreement.
E.
The field and seating for athletic events with an
open-air or roofed structure.
F.
Includes indoor/outdoor recreational and/or competitive
skating, other than established by local municipality for public use.
G.
Outdoor grounds for temporary tent erection for recreational
use. Permanent structures in place of tents will be subject to a special
use permit.
H.
Includes canoe and boat launching ramps and docks;
bathing beaches or public pools; water parks. Marinas or storage of
motorized boats, in the water, shall not be allowed.
I.
Includes community gardens, forest reserve, wildlife
refuge; but not for raising crops for commercial use.
J.
Includes bowling alleys, indoor playgrounds and athletic
activities, arcades, and movie theaters, and other similar forms of
indoor recreation not covered elsewhere in the Table of Uses.[2]
[2]
Editor's Note: The Table of Uses is included at the end of this chapter.
K.
The field and seating for nonathletic recreational
events with no structure or an open-air structure.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Preschool, elementary through high school and postsecondary
educational institution, both private and public, excluding schools
owned and operated by the Town of Lincoln. Includes classrooms, office
and assembly use, lecture hall, library and other facilities for instructional
purposes; laboratory facility for teaching and research; bookstore;
gymnasium for athletic events, indoor and outdoor sports facility;
cafeteria, dining hall; day-care facility; dormitory; health-care
facility.
B.
Public and private institutions providing instruction
and/or training in automotive, construction, metallurgical, chemical,
and similar industrial operations.
C.
Church, synagogue, other places of worship including
retreat centers.
D.
Facility owned and operated by not-for-profit, nongovernmental
organization or entity; including nonprofit clubs, civic, social,
or fraternal.
E.
Includes nonprofit library, museum and art gallery.
F.
Hospital (not animal hospital), medical diagnostic
or treatment facility, center for occupational and physical therapy;
medical, surgical or psychiatric treatment of disease or disability;
whether on an inpatient or outpatient basis; health maintenance organization.
G.
Facility for the treatment of drug, alcohol or substance
abuse.
H.
Includes use for temporary housing of prisoners and
training facilities.
I.
Includes Town buildings not covered elsewhere in the
Table of Uses.[2]
[2]
Editor's Note: The Table of Uses is included at the end of this chapter.
J.
Cemetery, historic cemetery or memorial park; but
not including funeral homes.
K.
Any type of prison or correctional facility, other
than the temporary housing of prisoners at police station or courthouse.
L.
Federal or state facility housing judicial courts.
M.
Compassion
center: means a not-for-profit corporation subject to the provisions
of R.I.G.L. Chapter 7-6, and registered under R.I.G.L. § 21-28.6-12
that acquires, possesses„ delivers, transfers, transports,
supplies or dispenses marijuana, and/or related supplies and educational
materials, to patient cardholders and/or their registered caregiver
cardholder or authorized purchaser pursuant to regulations promulgated
by the Department of Business Regulation.
[Added 2-18-2020 by Ord. No. 2019-11]
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Includes dentist, real estate services, insurance
agencies, security and commodity trading, law offices, accounting,
architectural, engineering and the administrative functions of a corporation,
foundation or association.
(1)
** A special use permit for such a use in a RG Zone
shall be for a use under 2,500 square feet in gross floor area, shall
not overly intrude into the residential nature of an area and shall
be on/in an appropriate location on an appropriate street right-of-way
for such a use.
B.
Includes advertising agency, interior designer, photocopy
duplication, mailing services, private employment service, credit
reporting and collection.
C.
Includes commercial banks, savings-and-loan associations,
credit unions and other bank-related service, including automated
teller machines; but not including a drive-up window.
(1)
** A special use permit for such a use in a RL Zone
shall be for a use under 2,500 square feet in gross floor area, shall
not overly intrude into the residential nature of an area and shall
be in an appropriate location on an appropriate street right-of-way
for such a use.
D.
Any use, other than as a restaurant or gasoline service,
for which customers drive up for service or purchase of goods or food
within their vehicle.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Includes business primarily preparing and serving
food for consumption either on premises or for take out.
B.
Includes business primarily preparing and serving
food for consumption either on premises or for take out, and may include
the preparation and service of liquor, and may have entertainment.
C.
Restaurant that allows customers to remain in vehicle
when ordering and receiving food or products.
D.
Any establishment used for gambling or gaming excluding
greyhound racing, pari-mutuel wagering and/or electronic or mechanical
lottery terminals; excepting, however, "casinotype" table games, including
but not limited to, blackjack, poker and any and all card games, roulette,
baccarat and/or dice tables are expressly prohibited unless established
by referendum.
[Amended 9-15-2015 by Ord. No. 2015-10]
E.
Any business primarily involved with liquor sales
and consumption on premises and/or providing live or prerecorded entertainment.
F.
Manufacturing beer, ale and/or hard cider for on-site
retail sales and/or consumption.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Includes hair salons, barbers, manicurists, beauty
service, tanning salons.
B.
Includes shoe repair, self-service laundry, drop-off
dry cleaning and retail on-site dry cleaning of items dropped off
on site.
C.
Facility and establishment that arranges for and prepares
funerals, including preparation of corpses for burial, related ceremonial
function rooms.
D.
Includes the erection of wireless transmitting and
receiving antennas, including satellite dish type as accessory uses.
(1)
** In granting a special use permit, the Zoning Board
of Review may impose conditions, to the extent the Board concludes
such conditions are necessary, to minimize any adverse effect of the
proposed tower on adjoining properties. Any such uses or structures
shall be considered "commercial construction" subject to the review
of the Area of Planning Concern Review Committee (APC). Recommendation
of the APC shall be sought prior to the zoning hearing. The APC hearing
shall have complete authority to review compatibility with neighboring
land uses and may make recommendations for physical construction.
Any person(s) placing a tower structure shall provide a commercially
viable bond prior to construction as approved by the Town Solicitor
to the Town of Lincoln for the cost of demolition of said structure
once its use is abandoned. Any tower structure authorized within the
Town shall be removed from the site and regraded to a natural condition
within 90 days of abandonment of authorized use.
E.
Gasoline sales, including alternate fuels, with no
service of automobiles, but including the accessory sales of related
products.
F.
Automobile service station, primarily selling gasoline
or alternative fuels, also performing automobile repairs.
G.
Automobile repair shop, including lubrication shops,
transmission shops, muffler and brake service and automobile upholstering.
Sale of gasoline or alternate fuels is not permitted.
H.
For storage and breeding of dogs, cats and other household
animals.
I.
Veterinary service and animal hospital.
J.
Day-care center; or day care in lieu of parental care
or supervision is offered at the same time to more than six individuals
who are not relatives of the caregiver, or more than a total of eight
individuals receiving day care.
K.
Retail photo-duplication and printing with a gross
floor area of less than 5,000 square feet.
L.
Business providing a supply of food for consumption
at a different location.
M.
Includes an above-grade tower, including self-supporting
lattice towers, guy towers or monopole towers or similar structure
more than 35 feet in height for communications equipment principally
intended for the transmittal or reception of commercial, governmental
and related radio, television, microwave, cellular phone and similar
telecommunications signals. Monopole-type towers with multiple users,
or co-use of existing structures is encouraged, so as to minimize
the numbers of towers, to conserve the value of land and buildings
in the surrounding area and to minimize visual impacts. Including
the accessory buildings, storage facilities and related equipment
required for broadcasting and telecommunications towers or any other
such equipment necessary for telecommunications antennas.
(1)
** In granting a special use permit, the Zoning Board
of Review may impose conditions, to the extent the Board concludes
such conditions are necessary, to minimize any adverse effect of the
proposed tower on adjoining properties. Any such uses or structures
shall be considered "commercial construction" subject to the review
of the Area of Planning Concern Review Committee. Recommendation of
the APC shall be sought prior to the zoning hearing. The APC hearing
shall have complete authority to review compatibility with neighboring
land uses and may make recommendations for physical construction.
Camouflage of towers, such as sky blue or tree green paint may be
a requirement of the APC. Any person(s) placing a tower structure
shall provide a commercially viable bond prior to construction as
approved by the Town Solicitor to the Town of Lincoln for the cost
of demolition of said structure once its use is abandoned. Any tower
structure authorized within the Town shall be removed from the site
and regraded to a natural condition within 90 days of abandonment
of authorized use.
(2)
Any applicant for such uses or structures shall submit visual impact
data, including but not limited to photographic simulations of the
proposed facility as it would be seen from residential areas, public
rights-of-way, parks and other recreational facilities.
[Added 9-15-2009 by Ord. No. 2009-9]
(3)
Any
such proposed uses and structures located within the vicinity of historic
structures, historic districts or designated scenic corridors shall
not be approved unless such proposed uses and structures are so concealed
as to be substantially invisible. The views of, and vistas from, such
structures, districts or designated scenic corridors shall not be
impaired or diminished by the placement of such uses and structures.
[Added 9-15-2009 by Ord. No. 2009-9]
(4)
Any
applicant for such uses or structures shall be required to submit
evidence that additional users for the proposed new use or structure
have been solicited. Evidence shall include but not be limited to
copies of notices sent by registered mail, return receipt requested,
to all other providers of cellular or wireless communications services
within the Town of Lincoln and adjacent communities, advising of the
intent to construct a new tower, identifying the location, inviting
the joint use and sharing of costs, and requesting a written response
within 15 business days. Replies received in response to the notice
shall also be submitted as evidence in connection with the application.
[Added 9-15-2009 by Ord. No. 2009-9]
(5)
The
required setbacks for such uses or structures shall be no less than
1.5 times the tower height to the nearest property line.
[Added 9-15-2009 by Ord. No. 2009-9]
(6)
No
structure housing telecommunications equipment shall exceed 750 square
feet in area nor 12 feet in height. All such structures shall be screened
with an appropriate landscaped vegetative buffer and shall be secured
with appropriate fencing.
[Added 9-15-2009 by Ord. No. 2009-9]
N.
Includes antennas, towers or similar structures installed
on tops of or attached to existing buildings, water tanks or similar
facilities if the total height of the tower/structure exceeds 55 feet
above grade. Includes the accessory buildings, storage facilities
and related equipment required for or any other such equipment necessary
for telecommunications antennas that may be attached to or on the
facades of buildings or structures.
(1)
** In granting a special use permit, the Zoning Board
of Review may impose conditions, to the extent the Board concludes
such conditions are necessary, to minimize any adverse effect of the
proposed tower on adjoining properties. Any such uses or structures
shall be considered "commercial construction" subject to the review
of the Area of Planning Concern Review Committee. Recommendation of
the APC shall be sought prior to the zoning hearing. The APC hearing
shall have complete authority to review compatibility with neighboring
land uses and may make recommendations for physical construction.
Any person(s) placing a tower structure shall provide a commercially
viable bond as approved by the Town Solicitor to the Town of Lincoln
for the cost of demolition of said structure once its use is abandoned.
Any tower structure authorized within the Town shall be removed from
the site and regraded to a natural condition within 90 days of abandonment
of authorized use.
O.
Includes antennas, equipment or other similar structures
installed at or attached to existing towers or similar structures,
including the accessory buildings, storage facilities and related
equipment required for broadcasting and telecommunications towers
or any other such equipment necessary for telecommunications antennas.
(1)
** In granting a special use permit, the Zoning Board
of Review may impose conditions, to the extent the Board concludes
such conditions are necessary, to minimize any adverse effect of the
proposed tower on adjoining properties. Any such uses or structures
shall be considered "commercial construction" subject to the review
of the Area of Planning Concern Review Committee. Recommendation of
the APC shall be sought prior to the zoning hearing. The APC hearing
shall have complete authority to review compatibility with neighboring
land uses and may make recommendations for physical construction.
Any person(s) placing a tower structure shall provide a commercially
viable bond prior to construction as approved by the Town Solicitor
to the Town of Lincoln for the cost of demolition of said structure
once its use is abandoned. Any tower structure authorized within the
Town shall be removed from the site and regraded to a natural condition
within 90 days of abandonment of authorized use.
P.
Wind energy
conversion facilities and/or wind facilities. Any such proposed uses
and structures located within the vicinity of historic structures,
historic districts or designated scenic corridors shall not be approved
unless such proposed uses and structures are so concealed as to be
substantially invisible. The views of, and vistas from, such structures,
districts or designated scenic corridors shall not be impaired or
diminished by the placement of such uses and structures.
[Added 11-24-2009 by Ord. No. 2009-14]
(1)
Additional submission requirements:
(a)
Any applicant for such uses or structures shall submit visual
impact data, including but not limited to photographic simulations
of the proposed facility as it would be seen from residential areas,
public rights-of-way, parks and other recreational facilities.
(b)
Location of proposed tower with radius map, showing the locations
of all appurtenant structures, cables, wires, and access roads.
(c)
A maintenance and operation plan for the facility.
(d)
Proof of liability insurance.
(e)
Approval of the height of the structure from the FAA.
(f)
A statement certifying that the structure and facilities comply
with the noise requirements of this chapter.
(2)
Additional findings required by Zoning Board of Review:
(a)
The construction of a wind facility shall be allowed pursuant
to this use table if the use complies with all requirements set forth
in this chapter and applicable requirements of the Federal Aviation
Administration. All such facilities shall be constructed and operated
in a manner that minimizes any adverse visual, safety, and environmental
impacts.
(b)
The Zoning Board of Review may not grant a permit or variance
unless it finds, in writing, that:
[1]
The specific site is an appropriate location for such use;
[2]
The use will not adversely affect the neighborhood;
[3]
There will not be any serious hazard to pedestrians or vehicles
from the use;
[4]
No nuisance will be created by the use; and
[5]
Adequate and appropriate facilities will be provided for the
proper operation of the use.
(3)
Support towers. Monopole towers, rather than lattice or cable-supported
towers, are the preferred type of support for wind facilities and
shall be used when a support tower is proposed. Lattice or cable-supported
towers may only be permitted if it is demonstrated to the satisfaction
of the Zoning Board of Review that the use of a monopole tower is
impractical.
(4)
Setbacks. Except for building-mounted facilities, a tower or structure
supporting a wind turbine shall be set back a distance equal to at
least 1.5 times the height of the highest point of the wind turbine
from the nearest occupied building or property line.
(5)
Color and lighting.
(a)
All components of the wind facility shall be painted a neutral,
nonreflective exterior color designed to blend with the surrounding
environment, such as white, light gray or light blue.
(b)
Wind turbines shall be lighted only if required by the Federal
Aviation Administration. Lighting of other parts of the wind facility,
such as appurtenant structures, shall be limited to that required
for safety, security, and operational purposes and shall be reasonably
shielded from abutting properties.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Sale of apparel and accessories; household appliances;
art supplies; bakeries; books, newspapers and periodicals; camera
and photographic supplies; custom tailoring; dairy products; drugstore;
fabric store; floor covering retail; florists; fruits and vegetables;
gift shop; groceries and delicatessens; hobby shops; home furnishings
and equipment; jewelry; office supplies, stationery or art supplies;
radio, television, audio/video, computer equipment, videotape sales,
service or rental; shoe store; sporting goods; hardware, garden supplies,
paint glass, yard equipment. The gross floor area shall not exceed
2,500 square feet.
(1)
** A special use permit in a RG Zone shall only be
issued if the use is found to not intrude into the residential nature
of the area and that the use is located on an appropriate street right-of-way.
B.
Retail sale of newspapers and periodicals; dairy products;
fruits and vegetables; groceries and delicatessens; and related convenience
items. The gross floor area shall not exceed 2,500 square feet.
(1)
** A special use permit in a RG Zone shall only be
issued if the use is found to not intrude into the residential nature
of the area and the use is located on an appropriate street right-of-way.
C.
Sale of products and goods with gross floor area of
greater than 2,500 square feet.
D.
Automotive, marine craft, aircraft and accessories
for both new and used vehicles.
[Amended 2-20-2018 by Ord. No. 2017-3]
(1)
**
The issuance of a special use permit shall be contingent on the applicant
showing that proposed configuration of the property can accommodate
the required number of customer parking spaces, vegetated green space,
and safe ingress and egress.
(2)
**
The total number of automotive, marine craft, aircraft and accessories
for sale on any particular property shall be determined by calculating
the property's vehicular density.
E.
Sale of liquor along with products and food related
to the consumption of liquor.
F.
All goods sold are only displayed and stored within
a completely enclosed structure. Includes building materials, contractor's
equipment, durable goods and apparel, electrical, plumbing, heating
equipment and supplies; groceries and related products; machinery
equipment and supplies.
G.
Includes building materials, contractor's equipment,
durable goods and apparel, electrical, plumbing and heating equipment
and supplies; groceries and related products; machinery equipment
and supplies.
H.
For short-term rental or lease of automobiles. Also
included is the on-site storage of up to 15 cars available for rent
or lease (including limousines and taxicabs). Does not include trucks
or vehicles with a gross vehicle weight over 10,000 pounds.
I.
Any establishment,
or club, whether for-profit or any commercial unit or other premises
as further defined through regulations promulgated by the Department
of Business Regulation at which the sale, distribution, transfer or
use of medical marijuana, medical marijuana products is proposed and/or
occurs to, by or among registered patients, registered caregivers,
authorized purchaser cardholder or other persons as further defined
through regulations promulgated by the Department of Business Regulation.
This shall not include a "compassion center" regulated and licensed
by the State of Rhode Island, as defined herein.
[Added 2-18-2020 by Ord. No. 2019-11]
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Also includes maintenance, accessory outdoor maintenance
and storage.
B.
Landing area for helicopters; also includes accessory
structures for outdoor maintenance and storage.
C.
Includes truck and trailer rental; public utility
service yard, railroad yard, accessory outdoor maintenance and storage.
D.
Garage or open lot primarily for passenger and/or commercial vehicles. No gasoline service and no automotive repairs. The parking area shall meet the construction requirements of Article V.
E.
Includes bus or rail passenger terminal, rapid rail
transit, accessory indoor maintenance.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Commercial storage of sand, gravel, and road salt,
including the processing of these materials.
B.
Includes any short-term storage of scrap or salvage
material, including parts and mechanical equipment, which are no longer
usable.
C.
Includes any material, which is potentially flammable
or explosive.
(1)
** The issuance of a special use permit shall be dependent
on the placement of suitable protection of surrounding areas and suitable
preventive measures taken for storage.
D.
Includes self-storage and other facilities, which
allow storage of goods, products or equipment for the retail consumer
located within an enclosed interior structure.
E.
Includes self-storage and other facilities, which
allow storage of goods, products or equipment for the retail consumer
located on the exterior space of the parcel.
F.
Wholesale storage of goods and products for the commercial consumer. This does not include flammable or explosive material. (See use § 260-17C.)
G.
Reclamation facility, indoor.
H.
Recycling facility, indoor.
I.
Temporary storage structures including but not limited
to truck bodies, container boxes, and plastic, fabric, metal, or wood-sheathed
structures without plumbing and electricity.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Drop-off service allowed as an accessory use.
B.
Automotive repair and service allowed as accessory
uses.
C.
Does not include wholesale manufacture.
D.
Cleaning of exterior and/or interior of automobiles
and vans, including self-service bays.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
Includes canning or packaging, beverage manufacturing
or bottling; canning and preserving fruits and vegetables.
B.
Includes rug and carpet weaving; fur goods; woven
fabrics, felt, lace, yarn threads, leather; includes dying plants
and finishing of textiles. On-site retail sales shall be considered
as an accessory use.
C.
Includes furniture and fixture manufacturing; millwork,
veneer, plywood and structural wood products; toys, sporting goods,
wooden containers and other articles and merchandise made from wood.
Includes repair and refinishing of furniture and wood products. Sale
of products made primarily on the premises is allowed as an accessory
use.
D.
Nuclear reactors for generating power or processing
of nuclear products; storage of nuclear fuels and other materials;
storage, reclaiming or disposal of radioactive waste.
E.
Excavation of the earth for purpose of extracting
metals, ore, coal, salt, sand, gravel and other materials for sale.
This use restriction is not meant to interfere with the grading and
excavation of land necessary for the construction of a building, structure
or infrastructure. These restrictions include strip mining and oil
and gas exploration or drilling.
F.
Industries that research into or produce products
related to processes that promote human health diagnostics and therapeutics,
agricultural biology, veterinary products, environmental remediation
techniques and manufacture of instruments that assist in biological
research. Noxious or offensive uses are prohibited.
G.
Manufacture of articles from metal, wood, stone, glass,
clay, ceramic, paper, leather, provided that in a BL-0.5 Zone no more
than 2,500 square feet be used, and there be no more than five employees.
H.
Manufacture of agricultural machinery, communication
equipment, computer and business hardware, construction, lighting
and wiring equipment, engines, general office and industrial machinery,
household appliances, audio and video parts and equipment and metal
tools.
I.
Printing and publishing of books, newspapers and periodicals;
printing, binding and publishing; converted paper and paperboard products;
industrial printing, including business forms, greeting cards; paperboard
containers and boxes.
J.
Manufacturing or primary use of bleaches, dyes, industrial
organic and inorganic chemicals, soaps, detergents, perfumes, cosmetics.
Does not include manufacture of chlorine or acid, which is prohibited.
K.
Includes manufacturing, compounding, assembly or treating
articles and merchandise from: brick, tile, cut stone, glass, neon
signs and structural clay products. Does not include cement, gypsum,
lime or plaster.
L.
Includes the distillation, manufacture or refining
of asphalt, tar, creosote, coal and/or bituminous concrete.
M.
Brewery or manufacture or distillation of alcohol, other than a microbrewery. (See use § 260-13F.)
N.
Includes cement, lime, gypsum, plaster of paris processing,
storage or manufacture.
O.
Includes disposal of any hazardous waste whether generated
on site or not.
P.
Slaughter of animals whether for meat production or
not. Includes tanning or curing of hides, rendering of fats or oils,
wool pulling or scouring or dead animal reduction.
Q.
Includes smelting of metals and minerals, including
blast furnaces.
R.
Includes production or manufacture of paint, oil,
shellac, turpentine, lacquer or varnish.
(1)
** The issuance of a special use permit shall be contingent
on the applicant showing that the use will not emit noxious or offensive
odors and must additionally show that an excessive quantity of the
product will not be stored on site.
S.
Includes floor coverings, footwear, sporting goods,
toys and novelties and other products made primarily from rubber or
plastic; tire manufacturing, tire retreading or tire recapping.
T.
Glue manufacture.
(1)
** The issuance of a special use permit shall be contingent
on the applicant showing that the use will not emit noxious or offensive
odors and must additionally show that an excessive quantity of the
product will not be stored on site.
U.
Manufacturing products derived from petroleum. Includes
the refining and distillation of petroleum; including tar distillation.
V.
Furnace or container for burning of waste materials.
W.
Generation of electricity as the primary use of the
land, including, but not limited to, coal, oil, gas or nuclear plants.
X.
Cogeneration of electricity as an accessory use of
the property.
Y.
Electronic and computer component recycling.
Z.
"Renewable energy utility scale facility" means the equipment and
requisite hardware that provide and are used for collecting, transferring,
converting, storing, or using renewable resources for water heating,
space heating, cooling, generating electricity, and off-loading said
electricity to the grid, or other applications that would otherwise
require the use of a conventional source of energy such as petroleum
products, natural gas, manufactured gas, or electricity produced from
a nonrenewable resource. The primary use of a renewable energy utility-scale
facility is to provide energy for the commercial facility on which
said facility is located or to produce energy solely to off-load electricity
to the grid. Any excess energy produced by a commercial facility may
be off-loaded to the grid.
[Added 7-30-2013 by Ord. No. 2013-7[2]]
(1)
Solar photovoltaic installation, utility-scale facility.
(a)
A solar photovoltaic installation, utility-scale facility shall
comply with the following:
[1]
No individual panel within a ground-mounted solar photovoltaic
installation shall exceed 15 feet in height, as measured from predevelopment
lot grade at the location of the panel;
[2]
All panels and other equipment and structures that are part of the installation shall be set back from all property lines as set forth in § 260-23;
[3]
A ground-mounted solar photovoltaic installation shall not be subject to the floor to area ratio standard (FAR) as set forth in § 260-23;
[4]
A roof-mounted solar photovoltaic installation shall not exceed the permitted building height as set forth in § 260-23;
[5]
A ground-mounted solar photovoltaic installation shall be designed
to prevent unauthorized access, including, but not necessarily limited
to, protective fencing.
(b)
The Zoning Board of Review may not grant a permit or variance
unless it finds, in writing, that:
[1]
The construction of a solar photovoltaic installation, utility-scale
facility shall be allowed pursuant to this use table[3] if the use complies with all requirements set forth in
this chapter. All such facilities shall be constructed and operated
in a manner that minimizes any adverse visual, safety, and environmental
impacts;
[3]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[2]
The specific site is an appropriate location for such use;
[3]
The use will not adversely affect the neighborhood;
[4]
There will not be any serious hazard to pedestrians or vehicles
from the use;
[5]
No nuisance will be created by the use; and
[6]
Adequate and appropriate facilities will be provided for the
proper operation of the use.
(2)
Wind energy conversion facility, utility scale.
(a)
A wind energy conversion facility, utility scale shall comply
with the following:
[1]
A wind energy conversion facility, utility scale located within
the vicinity of historic structures, historic districts or designated
scenic corridors shall not be approved unless such proposed uses and
structures are so concealed as to be substantially invisible. The
views of, and vistas from, such structures, districts or designated
scenic corridors shall not be impaired or diminished by the placement
of such uses and structures.
[2]
A wind energy conversion facility, utility scale shall not be subject to the floor to area ratio standard (FAR) as set forth in § 260-23;
[3]
A wind energy conversion facility, utility scale shall not exceed the permitted building height as set forth in § 260-23;
[4]
A wind energy conversion facility, utility scale shall be designed
to prevent unauthorized access, including, but not necessarily limited
to, protective fencing.
[5]
Support towers. Monopole towers, rather than lattice or cable-supported
towers, are the preferred type of support for wind facilities and
shall be used when a support tower is proposed. Lattice or cable-supported
towers may only be permitted if it is demonstrated to the satisfaction
of the Zoning Board of Review that the use of a monopole tower is
impractical.
[6]
Setbacks. Except for building-mounted facilities, a tower or
structure supporting a wind turbine shall be set back a distance equal
to at least 1.5 times the height of the highest point of the wind
turbine from the nearest occupied building or property line.
[7]
Color and lighting.
[a]
All components of the wind facility shall be painted
a neutral, nonreflective exterior color designed to blend with the
surrounding environment, such as white, light gray or light blue.
[b]
Wind turbines shall be lighted only if required
by the Federal Aviation Administration. Lighting of other parts of
the wind facility, such as appurtenant structures, shall be limited
to that required for safety, security, and operational purposes and
shall be reasonably shielded from abutting properties.
(b)
Special use permit submission requirements:
[1]
An application for a wind energy conversion facility, utility
scale shall submit visual impact data, including but not limited to
photographic simulations of the proposed facility as it would be seen
from residential areas, public rights-of-way, parks and other recreational
facilities.
[2]
Location of proposed tower with radius map, showing the locations
of all appurtenant structures, cables, wires, and access roads.
[3]
A maintenance and operation plan for the facility.
[4]
Proof of liability insurance.
[5]
Approval of the height of the structure from the FAA.
[6]
A statement certifying that the structure and facilities comply
with the noise requirements of this chapter.
(c)
The Zoning Board of Review may not grant a permit or variance
unless it finds, in writing, that:
[1]
The construction of a wind energy conversion facility, utility
scale shall be allowed pursuant to this use table[4] if the use complies with all requirements set forth in
this chapter and applicable requirements of the Federal Aviation Administration.
All such facilities shall be constructed and operated in a manner
that minimizes any adverse visual, safety, and environmental impacts;
[4]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
[2]
The specific site is an appropriate location for such use;
[3]
The use will not adversely affect the neighborhood;
[4]
There will not be any serious hazard to pedestrians or vehicles
from the use;
[5]
No nuisance will be created by the use; and
[6]
Adequate and appropriate facilities will be provided for the
proper operation of the use.
AA.
"Renewable energy residential-scale facility, ground mount" means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, cooling, generating electricity, and reducing on-site consumption of utility power, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy, residential-scale facility is to reduce on-site consumption of utility power. A system is considered a residential-scale facility only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be off-loaded to the grid. A renewable energy residential-scale facility shall be considered an accessory use to the primary residential use of the property as set forth in § 260-7. A renewable energy residential-scale facility shall only be designed and constructed to produce more than 125% of the energy necessary to support the primary residential use of the property as set forth in § 260-7. The installation of this facility would be built on the ground.
[Added 7-30-2013 by Ord. No. 2013-7; amended 2-20-2018 by Ord. No. 2017-3]
BB.
"Renewable energy residential scale facility, roof mount" means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using renewable resources for water heating, space heating, cooling, generating electricity, and reducing on-site consumption of utility power, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. The primary use of a renewable energy residential-scale facility is to reduce on-site consumption of utility power. A system is considered a residential-scale facility only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be off-loaded to the grid. A renewable energy residential-scale facility shall be considered an accessory use to the primary residential use of the property as set forth in § 260-7. A renewable energy residential-scale facility shall only be designed and constructed to produce more than 125% of the energy necessary to support the primary residential use of the property as set forth in § 260-7. The installation of this facility would be mounted to the roof of the building.
[Added 7-30-2013 by Ord. No. 2013-7; amended 2-20-2018 by Ord. No. 2017-3]
(1)
A solar photovoltaic installation, residential scale facility
shall comply with the following:
(a)
No individual panel within a ground-mounted solar photovoltaic
installation shall exceed 15 feet in height, as measured from predevelopment
lot grade at the location of the panel;
(b)
All panels and other equipment and structures that are part of the installation shall be set back from all property lines as set forth in § 260-28B;
(c)
A ground-mounted solar photovoltaic installation shall not exceed the permitted accessory building height as set forth in § 260-28B;
(d)
A roof-mounted solar photovoltaic installation shall not exceed the permitted building height as set forth in § 260-23;
(e)
A ground-mounted solar photovoltaic installation shall be designed
to prevent unauthorized access, including, but not necessarily limited
to, protective fencing.
(f)
A solar photovoltaic installation shall be constructed and operated
in a manner that minimizes any adverse visual, safety, and environmental
impacts.
(2)
A wind energy conversion facility, residential scale shall comply
with the following:
(a)
Setbacks. Except for building-mounted facilities, a tower or
structure supporting a wind turbine shall be set back a distance equal
to at least 1.5 times the height of the highest point of the wind
turbine from the nearest occupied building or property line.
(b)
A ground-mounted wind energy installation shall not be subject to the lot coverage standard as set forth in § 260-22;
(c)
A ground-mounted wind energy installation shall not exceed the permitted accessory building height as measured from predevelopment lot grade at the location of the installation as set forth in § 260-28B;
(d)
A building-mounted wind energy installation shall not exceed the permitted building height as set forth in § 260-23;
(e)
A ground-mounted wind energy installation shall be designed
to prevent unauthorized access, including, but not necessarily limited
to, protective fencing.
(f)
Support towers. Monopole towers, rather than lattice or cable-supported
towers, are the preferred type of support for wind facilities and
shall be used when a support tower is proposed. Lattice or cable-supported
towers may only be permitted if it is demonstrated to the satisfaction
of the Zoning Board of Review that the use of a monopole tower is
impractical.
(g)
Color and lighting.
[1]
All components of the wind facility shall be painted a neutral,
nonreflective exterior color designed to blend with the surrounding
environment, such as white, light gray or light blue.
[2]
Wind turbines shall be lighted only if required by the Federal
Aviation Administration. Lighting of other parts of the wind facility,
such as appurtenant structures, shall be limited to that required
for safety, security, and operational purposes and shall be reasonably
shielded from abutting properties.
CC.
Any manufacturing use not specifically listed in the
Use Tables[5] shall be presumptively prohibited, but may be considered as a special use and the provisions of Article XI, Special Use Permits, will apply.
(1)
** In addition to any other requirements, the
applicant will have the burden of showing that the use will not be
noxious, nor will emit odors, smoke, gases, noise or vibration, nor
will present a danger of explosion.
[5]
Editor's Note: The Table of Uses is included at the end of this chapter.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
A.
An accessory use shall not be permitted without the
principal use to which it is related. An accessory use shall be restricted
to the same lot as the principal use, and must also be under the same
ownership as the principal use.
B.
An accessory use must not alter the character of an
area, nor be detrimental to the area.
(1)
Specifically underground storage tanks containing
heating fuel are prohibited.
C.
Any accessory use customarily incident, directly related,
and subordinate to a use permitted in the district will be permitted
as an accessory use.
D.
Any accessory use customarily incident, directly related,
and subordinate to a use permitted by a special use permit may be
permitted by a special use permit upon application to the Zoning Board
of Review.
E.
Accessory uses for CR1 District. Accessory uses for
a CR1 District should comprise a significant minority of the total
land area on a given parcel. The accessory uses allowed are:
