A.
The Town recognizes that commercial and industrial
construction has the potential for impact on the Town. Therefore,
according to the Town of Lincoln's Land Development and Subdivision
Regulations, all proposed nonresidential land development projects
shall be considered as major land development plans and shall be reviewed
by the Planning Board.
B.
All new construction or substantial alteration of a commercial or industrial site is required to submit to a development plan review as specified in § 260-73. "Substantial alteration" is defined as an enlargement by 50% or more. This review shall be conducted by the Area of Planning Concern Committee prior to the Planning Board review.
C.
The development plan review by the Area of Planning Concern Committee shall be conducted before the Planning Board review. The APC Committee shall review and make its recommendations on the application according to § 260-73D. These recommendations shall be submitted to the Planning Board for consideration during its review. The Planning Board may incorporate the APC recommendations as a condition of approval.
D.
A project subject to a development plan review shall
supply a total of nine copies of the site plans. The site plans shall
include an overall site layout plan, a detailed parking layout, landscape
plan, signage plan, and a lighting plan.
A.
Development plan review of applications for uses requiring
a special use permit, a variance, a Zoning Ordinance amendment, and/or
a Zoning Map change shall be required. The review shall be conducted
by the Planning Board and shall be advisory to the permitting authority.
B.
The Zoning Enforcement Officer may also submit an
advisory comment to the permitting authority for applications requiring
a special use permit, a variance, a Zoning Ordinance amendment, and/or
Zoning Map change. The review by the Zoning Enforcement Officer shall
be at the Officer's discretion. This comment shall be submitted before
or simultaneously with the development plan review by the Planning
Board.
C.
The applicant shall supply a site plan by a registered
RI land surveyor or professional engineer, drawn to scale showing
the accurate dimensions of the lot, all proposed construction, all
front, side and rear yard dimensions, proposed parking areas, and
other such information as may be reasonably required by the Planning
Board.
D.
Development plan review shall be limited to:
(1)
Prevention of strip commercial development directly
on Lincoln roadsides.
(2)
Protection of historic, architectural, archaeological
and other cultural resources.
(3)
Consistency of development with the Comprehensive
Plan.
(4)
Reduction of the effects of erosion, stormwater runoff
and contaminant runoff.
(5)
Protection of surface water, groundwater, and wetlands.
(6)
Promotion of energy conservation.
(7)
Protection of the overall neighborhood character.
(8)
Reduction of negative traffic impacts.
(9)
An adequate amount of the property left undeveloped
or properly landscaped.
[Added 9-17-2013 by Ord. No. 2013-5[1]]
The issuance of modifications from the literal dimensional requirements
of the Zoning Ordinance in the instance of the construction, alteration,
or structural modification of a structure or lot of record is allowed.
The Zoning Enforcement Officer is authorized to grant modifications.
The maximum percent allowed for a modification shall not exceed 10%
of any of the dimensional requirements specified in the Zoning Ordinance.
A modification does not permit moving of lot lines. Within 10 days
of the receipt of a request for a modification, the Zoning Enforcement
Officer shall make a decision as to the suitability of the requested
modification based on the following determinations:
A.
The modification requested is reasonably necessary for the full enjoyment
of the permitted use;
B.
If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate use substantially impaired;
C.
The modification requested is in harmony with the purposes and intent
of the Comprehensive Plan and Zoning Ordinance of the city or Town;
and
D.
Upon an affirmative determination, the Zoning Enforcement Officer
shall notify the Technical Review Committee and, by first class mail,
all property owners abutting the property which is the subject of
the modification request, and shall indicate the street address of
the subject property in the notice. If written objection is received
within 30 days, or the Technical Review Committee recommends the application
be referred to the Zoning Board, the request for a modification shall
be denied. In that case the changes requested will be considered a
request for a variance and may only be issued by the Zoning Board
of Review following the standard procedures for variances. If no written
objections are received within 30 days, the Zoning Enforcement Officer
shall grant the modification. The Zoning Enforcement Officer may apply
any special conditions to the permit as may, in the opinion of the
officer, be required to conform to the intent and purposes of the
Zoning Ordinance. The Zoning Enforcement Officer shall keep public
records of all requests for modifications, and of findings, determinations,
special conditions, and any objections received. Costs of any notice
required under this subsection shall be borne by the applicant requesting
the modification.
