Town of Westerly, RI Article XI Development Standards for Particular Uses

§ 260-60 Residential buildings.

[Amended 7-19-2010 by Ch. No. 1719; 7-8-2013 by Ch. No. 1790; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

A. No more than one single-family residential dwelling unit shall be permitted on a lot. A single-family dwelling unit shall have substantial and permanent interconnection of all household functions which must include foundation, walls and a roof.

B. A residence shall not be converted to increase the number of dwelling units, unless:

(1) It is for an accessory dwelling unit or when multiple-unit dwellings are allowed in the district in which the building is located; and

(2) The yard dimensions and lot area meet the dimensional and area requirements of the zoning district; and

(3) The appropriate permits are obtained, including but not limited to building, electrical, plumbing, sewage and water.

C. Soil erosion and sediment controls shall be installed prior to the start of construction in accordance with best management practices (BMPs) contained in the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and said safeguards shall remain in place until such time as the site is completely stabilized with loam and seed or other materials.

D. All lots, shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition.

E. No lot shall have a paved front yard for parking or a driveway that exceeds 16 feet in width. Existing sidewalks and curbing shall not be removed without an alteration permit (curb cut). Driveway openings shall be no greater than 20 feet in width.

§ 260-61 Two-family dwelling.

[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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

§ 260-62 Three-family dwelling.

[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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

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

[Amended 5-15-2000 by Ch. No. 1300; 10-30-2000 by Ch. No. 1329]

A. In the HDR-6 and HDR-15 Zoning Districts, property being developed for four or more residential units is permitted by special use permit under § 260-34 and further governed by both the districts' dimensional regulations (See § 260-19) and the following:

(1) Location of structures within a lot shall be established as far as practicable from any one- and two-family homes on adjacent lots. Said locations, together with all parking areas and other impervious surfaces, shall be depicted on the site plan accompanying the special use permit application, and the plan for which a special use permit is granted shall be adhered to. Projects submitted for approval shall conform to the Rhode Island Department of Environmental Management Stormwater Design and Installation Standards Manual, December 2010, or as amended, latest edition. No lot shall have a paved front yard for parking. All parking shall be in side or rear yards. Existing sidewalks and curbing shall not be removed except at driveway openings, and driveway openings shall not exceed 20 feet in width.

[Amended 7-8-2013 by Ch. No. 1790; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Landscape buffers shall be maintained along the side and rear lots of 20 feet in HDR-6 Zoning Districts and 30 feet in HDR-15 Districts.

(3) Townhouse structures of not more than four units per structure may be permitted on any lot conforming to the dimensional standards. (See § 260-19.). Multifamily buildings may be permitted only on lots with a minimum of two acres in HDR-6 and a minimum of four acres in HDR-15 Zoning Districts.

(4) All multifamily units shall be limited to not more than two bedrooms.

B. With respect to those specific properties listed in Appendix G hereto,[1] which is incorporated herein by reference, dwelling units arranged as single-detached, double-detached, and attached townhouses and/or combinations thereof, assisted living and/or congregate housing units are permitted by special use permit pursuant to § 260-34 with the additional requirement that the Zoning Board shall also be satisfied by legally competent evidence that all best practices and procedures to minimize the possibility of any adverse effects on the neighboring property, the Town of Westerly, and the environment have been considered and will be employed, including but not limited to consideration of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation and are further governed by the following:

(1) Purpose: The purpose of this provision is to provide for coherent development and variety of housing types with respect to certain property in which the underlying zoning district is MDR-30, LDR-40, or RR-60 and located north of Route 1A.

(2) Permitted uses: The permitted uses shall be limited to residential dwelling units and those accessory uses thereto permitted in the underlying zoning district. Rehabilitative facilities built in conjunction with assisted living/congregate housing complexes shall also be permitted. Twenty percent of said assisted living and congregate housing units may be devoted to skilled nursing beds.

(3) Minimum contiguous lot area: 50 acres.

(4) Minimum lot area exclusive of wetlands: 30 acres.

(5) Minimum lot frontage and width: 50 feet.

(6) Maximum height of structures:

(a) Assisted living/congregate housing: 42 feet (not to exceed three stories).

(b) All other structures: 35 feet.

(7) Density regulations:

(a) The number of bedrooms permitted on each site shall be determined as follows:

[1] Step 1: Deduct from the gross area of the property the freshwater and coastal wetlands.

[2] Step 2: Deduct an additional 15% of the area of the property remaining after Step 1.

[3] Step 3: Deduct the area of any existing utility easements within the property.

[4] Step 4: Divide the remaining land resulting from Steps 1, 2, and 3 by the minimum lot size in the existing (underlying) zoning district.

[5] Step 5: Multiply the result of Step 4 by three.

(b) Dwelling units containing up to the maximum number of bedrooms in units of at least two bedrooms may be arranged in single detached, double attached, and attached townhouses to a maximum of six units per structure. Assisted living and congregate housing complexes may include single-bedroom units and may include more than six units per structure.

(8) Buffer strip. A minimum strip, 100 feet in width, shall be maintained as a landscaped buffer along all side and rear lot lines in such developments and a strip 50 feet in width shall be maintained along the front lines as landscaped buffer strip.

(9) Off-street parking. Minimum off-street parking shall be provided and maintained as follows:

(a) Two car spaces of at least 270 square feet per dwelling unit. The 270 square feet may include servicing drives.

(b) No parking shall be permitted within the landscaped buffer strips.

(c) Off-street parking spaces and servicing drives shall be located within the boundaries of the development.

(d) The number of parking spaces required for assisted living/congregate housing complexes shall be as required in § 260-77A(4)(c) and (d).

(10) Lot coverage. The total ground area for all impervious surfaces shall not exceed the percentage of lot coverage in the zoning district.

(11) Structures, parking and other improvements shall be located as far as practicable from the property boundaries.

(12) All areas not proposed and permitted for structures and parking shall be designated recreation and open space, and the developer must convey to the Town a conservation restriction in the form of a development easement, in perpetuity. The Town shall be deemed to hold such development easement for the benefit of the Town as well as for the benefit of property owners within and abutting the Planned District, their successors and/or assigns, and may not release or modify said development easement in whole or in part without the unanimous consent of the property owners and the approval of the Town Council. The fee title to all or a portion of the areas not proposed and permitted for structures and parking may be conveyed to a nonprofit land conservation organization subject to said development easement. [See RIGL 45-24-47(D)]. An open space management plan shall accompany the application for review by and inclusion in the Zoning Board approval.

[1] Editor's Note: Appendix G is included as an attachment to this chapter.

§ 260-64 Mixed-use developments.

[Amended 11-19-2007 by Ch. No. 1621]

A. Purpose. The purpose of mixed-use developments is to promote a form of land use that:

(1) Incorporates residential, commercial, business, professional services and public uses in a compact, walkable environment;

(2) Resembles a traditional New England village in its physical design, scale, mix of uses, and visual character;

(3) Supports environmental sustainability by providing for pedestrian access and circulation, shared parking, on-site stormwater treatment and groundwater recharge;

(4) Creates a cluster of retail and service businesses to serve the needs of Westerly's residents;

(5) Encourages infill in existing commercial areas and adaptive reuse of existing nonresidential buildings; and

(6) Includes dwelling units that provide long-term housing that is affordable for low- or moderate-income households. The increased building density in mixed-use developments serves as a municipal subsidy to facilitate construction of affordable dwelling units pursuant to § 260-50.

B. Approval procedure.

(1) Mixed-use developments shall be reviewed as major land development projects according to procedures in § A261-28 of the Land Development and Subdivision Regulations and shall also be subject to the requirements of § 260-45, Development plan review. Provisions of § 260-64 shall not apply to developments that are exclusively for commercial or business and professional services, in which no housing units are proposed.

(2) Mixed-use developments may be comprised of more than one lot and be located in one or more buildings or structures.

C. Permitted locations and uses. Mixed-use developments are allowed in the following zoning districts: Highway Commercial (HC), General Commercial (GC), Downtown Center 1 (DC-1), Downtown Center 2 (DC-2), Neighborhood Business (NB), Professional/Office (P-15), Shore Commercial General (SC-G), and Shore Commercial Watch Hill (SC-WH). A mixed-use development may include any use allowed as of right or by special use permit (provided such special use permit is separately obtained from the Zoning Board) as listed in the following table and may include any combination of principal uses, including more than one use on a lot. Uses not listed in the table are prohibited.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Mixed-use development — Zoning District Use Table P = permitted use; S = special use permit; N = not permitted
Code	Use	HC	GC	DC-1	DC-2	NB	P-15	SC-G	SC-WH
A-18	Housing units in mixed-use developments	P	P	P	P	P	P	P	P
F-2.3	Paint, glass, wallpaper and hardware	P	P	N	P	P	N	N	N
F-3.1	General merchandise	P	P	P	P	S	N	P	P
F-3.2	Furniture and home furnishings	P	P	P	P	S	N	N	N
F-3.3	Household appliance stores	P	P	P	P	S	N	N	N
F-3.4	Radio, TV, music stores, computer sales and service	P	P	P	P	S	N	N	N
F-3.5	Photo processing and accessories	P	P	P	P	N	N	N	N
F-4.2	Grocery stores, delis, meat, fish, fruit, dairy and bakeries (less than 10,000 square feet)	P	P	S	P	S	N	S	S
F-6.1	Shoes, tailor, dressmaker and miscellaneous apparel	P	P	P	P	P	N	P	P
F-7.1	Restaurants (no alcoholic beverages)	P	P	P	P	P	N	P	P
F-7.2	Restaurants (alcoholic beverages)	P	P	P	P	S	N	S	S
F-7.3	Taverns/hotels (alcoholic beverages)	P	P	S	S	S	N	S	S
F-8.1	Drugstores, newsstands, antique stores, bookstores/stationary stores, sporting goods, jewelry stores, gift, novelty, souvenir shops, optical goods stores and video stores	P	P	P	P	P	N	P	P
F-8.3	Sporting goods and bicycle shops	P	P	P	P	P	N	P	P
F-8.5	Banking services	P	P	P	P	N	S	N	N
F-8.6	Pet shops	P	P	P	P	N	N	N	N
F-8.7	Liquor/package store	P	P	N	P	N	N	N	N
G-1.1	General commercial offices	P	P	S	P	S	S	S	S
G-1.3	General and professional offices	P	P	P	P	P	P	P	P
G-2.1	Laundry dropoff/pickup (no on-site cleaning)	P	P	S	P	S	N	S	S
G-2.4	Beauty shops and barbershops	P	P	P	P	P	N	S	S
G-2.5	Shoe repair and shoe shine	P	P	P	P	P	N	S	S
G-2.9	Travel agencies	P	P	P	P	S	N	S	S
G-2.10	Personal services not herein specified	S	S	S	S	S	S	S	S
G-4.1	Electrical/electronic repair shop	P	P	S	P	S	N	N	N
G-4.3	Small appliance repairs	P	P	S	P	S	N	N	N
G-5.1	Studios/dance schools	P	P	P	P	P	N	N	N
G-5.7	Exercise center, gymnasium	P	P	P	P	P	N	N	N
G-5.8	Charitable recreation	N	P	P	P	N	P	S	S
H-1	Federal government/postal service	P	P	P	P	S	S	S	S
H-2	State and local government	P	P	P	P	S	S	S	S
H-11	Library or museum	S	S	S	S	S	S	S	S
H-12	Place of religious worship	S	S	S	S	S	S	N	N
H-14	Day-care/child-care center	S	S	S	S	S	S	S	S
I-2	Playgrounds	P	P	P	P	P	P	P	P
J-1	Accessory to a permitted use	P	P	P	P	P	P	P	P
J-2	Accessory to a special permit	S	S	S	S	S	S	S	S
J-5	Off-street parking	P	P	P	P	P	P	P	P
J-6	Customary home occupation (less than 150 square feet)	P	P	P	P	P	P	P	P

D. Required mix of residential and nonresidential uses.

(1) Mixed-use developments shall contain a combination of residential and nonresidential uses. To ensure that commercial, business, professional or public uses remain paramount and not be placed in a secondary role to residential uses, the following table establishes a maximum percentage of gross floor area for residential uses in relation to the nonresidential uses listed in Subsection C above, unless otherwise provided for in § 260-87.4.

Zoning District	Maximum Residential Gross Floor Area (square feet)
HC	2 residential/1 nonresidential
GC	2 residential/1 nonresidential
DC-1	3 residential/1 nonresidential
DC-2	3 residential/1 nonresidential
NB	2 residential/1 nonresidential
P-15	1 residential/1 nonresidential
SC-G	2 residential/1 nonresidential
SC-WH	1 residential/1 nonresidential

(2) The street-level floor of any mixed-use building shall consist entirely of commercial, business, professional or public uses, unless otherwise provided for in § 260-87.4. Except for entries, stairs, and elevators comprising no more than 10% of the gross floor area that provide access to upper-floor housing units, the street-level floor shall not be used for residential purposes. Nonresidential uses are permitted on upper stories of a structure. Residential uses shall not be permitted in the basement; provided, however, that storage for residences located within a building shall be allowed in basements as an accessory use.

(3) The Zoning Board of Review may grant a special use permit, pursuant to § 260-34, for relief from the requirements for maximum residential gross floor area set forth in Subsection D(1) above, provided that the Zoning Board of Review shall be satisfied, by legally competent evidence entered into the record, that in addition to the standards set forth in § 260-34D, the following standards are met:

(a) The surrounding structures are of similar size and configuration;

(b) The structure is preexisting, with a height of at least 50 feet, or if a new structure is proposed, it will be at least the maximum height allowed in the zoning district; and

(c) The entire street-level floor must have active nonresidential use along all street frontage and all riverfront frontage of the building.

E. Required affordable housing.

(1) Definitions of specific terms relating to affordable housing are contained in § 260-50.1. Requirements for affordable housing in mixed-use developments are specified below and shall be in place of the inclusionary zoning requirement in § 260-50.2. Provisions of § 260-50.3 shall not apply to the HC, GC, DC-1, DC-2, NB, P-15, SC-G and SC-WH Zoning Districts.

(2) Except as provided herein, a minimum of 20% of all dwelling units within a mixed-use development shall be low- and moderate-income housing. Such affordable housing shall not be required in a mixed-use development that provides four or fewer dwelling units. Successive development applications for the same property or properties that cumulatively result in five or more dwelling units shall provide low- and moderate-income housing. This requirement applies to rental units as well as units offered for sale.

(3) In developments where the housing units will be offered for sale, low- and moderate-income units shall be affordable for a family with an adjusted gross income that is less than 100% of area median income. In developments where the housing units will be rentals, the rent for all low- and moderate-income units shall be affordable for a family with an adjusted gross income that is 80% or less of area median income.

(4) The Planning Board may approve mixed-use developments without the requirement that low- and moderate-income housing units be located on site, provided that there is full compliance with requirements of § 260-50.2D, Alternatives to construction of inclusionary units. No on-site housing density bonus shall be allowed when an applicant utilizes provisions of § 260-50.2D.

(5) Low- and moderate-income housing units shall be integrated throughout the development to the degree feasible, rather than segregated in a particular area or areas. The exterior appearance shall be compatible to the architectural style of market-rate units, except that the low- and moderate-income units may not be less than 960 square feet. The average number of bedrooms in low- and moderate-income units shall be at least equal to the average number of bedrooms in market-rate units. The low- and moderate-income units shall, on average, be no less accessible to public amenities, such as open space or recreational features, than market-rate units.

(6) Low- and moderate-income housing units shall be built and occupied prior to, or simultaneously with, the construction and occupancy of market-rate units.

(7) Low- and moderate-income housing units shall comply with requirements of § 260-50.2E regarding long-term assurance of affordability and fair marketing.

F. Dimensional regulations.

(1) In all zoning districts where mixed-use developments are permitted, the allowed impervious surface and minimum yard dimensions shall be those applicable to the DC-1 District, except for lot boundaries that abut residentially zoned property, where the minimum side and rear yard dimensions shall be those set forth in the Schedule of Dimensional Regulations for the zone in which the development is located.

(2) Maximum building height for mixed-use developments shall be 50 feet in the DC-1 Zone; 40 feet in the DC-2, HC and GC Zones; and 35 feet in the NB, P-15 and SC-G Zones. Maximum building height in the SC-WH Zone shall be 25 feet, unless otherwise provided for in § 260-87.4.

(3) Floor-to-ceiling heights. All commercial floor space provided on the street level floor shall have a minimum floor-to-ceiling height of 10 feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) The gross floor area of any single commercial establishment in a mixed-use development shall not exceed 25,000 square feet.

G. Design standards.

(1) Purpose. Mixed-use developments provide opportunities for new businesses and services that will expand the Town's tax base and maintain its small-town atmosphere. Therefore, the siting (the location of a building in relation to other buildings), massing (the way a building is configured and how its parts relate to each other), proportion (the relationship of length, width and height) and design (the building materials, color, and construction details) are crucial. These guidelines should not be regarded as inflexible requirements; rather, each could generate numerous imaginative and innovative design solutions. Design standards for mixed-use developments located in the SC-WH Zone shall be governed by § 260-87.6.

(2) Scale, proportion and design. Mixed-use developments shall be generally consistent with the height, bulk, scale and architectural style common to the Town's historic commercial areas. Buildings shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. Developments shall include groupings of buildings, rather than a single boxlike structure set back on a large expanse of paved parking. The Planning Board may modify or prohibit designs that it finds to be inconsistent with this provision.

(3) Building facades. The proportion and height-to-width relationship of entryways, windows, trim, molding, railings, rooflines, exterior lighting, signs and other decorative elements shall be compatible with the building's architectural style. Street-level design elements such as entryways, porches, pedestrian furniture, plantings and other site elements shall be directed toward the use and enjoyment of pedestrians. Building wall offsets, including projections, recesses, changes in materials, colors or textures, shall be used to avoid long, monotonous, uninterrupted walls. The architectural treatment of the front facade shall be continued, in its major features, around all visible sides of a building, and blank walls shall be articulated by the provision of false window openings trimmed with frames, sills and lintels.

(4) Entrances. Buildings shall have a primary entrance door facing a public sidewalk; entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, and access to pedestrian-oriented plazas or courtyards surrounded by a cluster of shops or businesses. The difference between entrances for street-level commercial uses and entrances for upper-level residential uses shall be reflected by distinct but compatible differences in facade treatment.

(5) Roof types. Roof pitches of 8:12 to 12:12 are preferred. Buildings with flat roofs shall be two or more stories in height and shall have parapets or cornices that continue around all sides of the structure. Architectural elements such as dormers, belvederes, masonry chimneys, cupolas and other similar elements are encouraged. Offsets shall be provided to relieve the visual effect of a single, long roof. Rooftop heating, ventilation and air conditioning systems shall be enclosed within architectural features consistent with the building design so as not to be visible from the street level.

(6) Materials. Traditional building materials such as clapboard, shingles, or brick shall be used as the primary siding materials. High-quality manufactured materials that have the same visual characteristics may be used only with the express approval of the Planning Board. Colors should be compatible to those of existing historic buildings and appropriate to the architectural style.

H. Public space; screening; and signage.

(1) A minimum of 10% of the total land area in a mixed-use development shall be devoted to public space, defined as parks, a green or common, plazas, bicycle paths, gardens, or landscaped and wooded areas. Sidewalks shall not be counted toward the calculation of public space. Public space shall act as a unifying element in the overall site design.

(2) Public space shall be owned and maintained by the property owner, an association of unit owners, or such other means or entity as may be approved by the Planning Board. Maintenance of public space shall be guided by a management plan specifying its intended uses, submitted as part of a development plan application and approved by the Planning Board. Regardless of to whom it is conveyed, public space shall be protected in perpetuity against further development and unauthorized alteration by appropriate deed restrictions to be recorded in the Land Evidence Records, including the grant of a conservation restriction to the Town.

(3) The Planning Board may require vegetative buffer areas to provide visual screening between the development and adjacent land uses.

(4) The size, location and design of all signs shall reflect the architectural characteristics of the building; generic-style signs or transplants from other locales are neither desirable nor appropriate. Completely rendered and dimensioned sign graphics must be submitted as part of a development plan application for review by the Planning Board.

I. Parking.

(1) Off-street parking requirements for specific uses shall be those applicable in § 260-77. The Planning Board may permit shared parking for different land uses that have different hourly peak parking accumulation patterns, with the total number of parking spaces less than the summation of spaces required when the same land uses exist as stand alone developments, provided that no parking deficiencies occur over the course of a twenty-four-hour period on weekdays, Saturdays or Sundays. A parking analysis shall be prepared by a professional traffic engineer demonstrating the relationship between land use and parking capacity.

(2) Off-street parking lots are permitted, provided that no more than 15% of the spaces shall be placed closer to a front property line or a corner side yard property line than the building itself. The remainder of required off-street parking spaces shall be located behind or to the side of buildings. Off-street parking may also be located within or beneath a structure.

(3) All parking lots shall contain vegetated and landscaped islands and planted medians to highlight driveway entrances and provide efficient channelization of both pedestrian and vehicular traffic routes throughout. Each separate landscaped island shall occur after 10 consecutive parking spaces, shall have a minimum width of nine feet and minimum length of 18 feet, shall be planted with grass or small shrubs, and shall include at least one deciduous shade tree of not less than two-inch caliper. Additionally, one shade tree shall be planted for every 40 feet of parking lot perimeter. The shade trees do not have to be planted on center and may be clustered for aesthetic purposes. All trees shall be placed or protected so as to avoid damage by vehicles and plowed snow.

(4) Subject to written approval of the Town Engineer, parallel parking may be provided on public streets immediately adjoining the development and shall be counted toward parking spaces required in § 260-77.

(5) Parking requirements may be met by off-site parking located within 500 feet of a mixed-use development, provided that such off-site parking is not located in a residential zoning district and is approved by the Planning Board and a lien against both properties (the mixed-use development and the off-site parking lot) is recorded in the Land Evidence Records prior to final plan recording.

J. Lighting.

(1) Streets, parking areas and pedestrian areas in the development shall be provided with adequate lighting while minimizing adverse impacts of glare on adjacent properties and overhead sky glow. All lighting fixtures and lampposts shall be decorative and complement the architectural style of buildings in the development and conform with "full cutoff" standards as promulgated by the International Dark-Sky Association. The Planning Board may require submission of a lighting plan prepared by a licensed engineer.

(2) Lampposts along streets, parking areas, sidewalks, walkways and courtyards shall be spaced at intervals of no greater than 50 feet on center unless otherwise authorized by the Planning Board. Lamppost heights shall not exceed 12 feet, except that post heights may be extended to a maximum of 16 feet in parking lots containing 20 or more parking spaces.

§ 260-65 Home occupations.

A. Intent. It is the intent of this section to permit only such home occupations which:

(1) Are incidental to the use of the premises as a residence;

(2) Are compatible with residential uses;

(3) Are limited in extent; and

(4) Do not detract from the residential character of the neighborhood.

B. Permitted home occupations. Home occupations are permitted, by administrative approval of a zoning certificate for a home occupation by the Zoning Official, if it conforms to the following:

[Amended 2-28-2011 by Ch. No. 1744]

(1) Retail sales are not permitted on the premises. Merchandise shall not be displayed within or outside of the residence. Orders made by telephone or at a sales party may be filled on premises. Direct sales are not allowed. The operation of any wholesale or retail business is prohibited.

(2) In no case shall the home occupation be open to the public at times earlier than 9:00 a.m. or later than 7:00 p.m.

(3) Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence without the occupation.

(4) No more than one home occupation shall be permitted within any single dwelling unit.

(5) The occupation shall be carried on wholly within the principal building by the occupant of such dwelling and does not require storage of any materials or products on the premises outside of the dwelling. Home occupations may be permitted in accessory buildings with a site plan approved by the Zoning Official.

(6) There shall be no alteration of the residential appearance of the premises on which the home occupation occurs, including the utilization of an existing entrance exclusively for the business. The occupation shall use no more than 25% of the total floor area of the dwelling.

(7) No more than one person not a legal resident member of the family shall be employed in the home occupation.

(8) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the premises. No processes are permissible which are hazardous to the public's health, safety and welfare.

(9) There shall be no signs on the property except for one nonilluminated nameplate mounted flat against the dwelling, not to exceed two square feet, indicating the address, occupant's name, and occupation.

(10) No traffic shall be generated by such home occupation unreasonably greater in volume than would normally be expected in a residential neighborhood and any parking required for the conducting of such home occupation shall be provided off the street and not in a required front yard.

(11) Home occupations shall comply with all local, state, or federal regulations pertinent to the activity.

(12) Not more than one commercially registered motor vehicle of a size not exceeding a gross vehicle weight rating of one ton may be stored on the premises in conjunction with the office of a contractor, providing the outside storage of equipment or materials in conjunction therewith is prohibited.

C. Prohibited as home occupations. The following shall not be permitted as home occupations:

[Amended 2-28-2011by Ch. No. 1744]

(1) Automobile, boat and equipment repair in any form or manner.

(2) Beauty salons and barbershops.

(3) Ceramics.

(4) Health salons, dance studio, and aerobic exercise studios.

(5) Helium balloons.

(6) Limousine or cab service.

(7) Mortician, hearse service.

(8) Painting of vehicles or boats.

(9) Tow truck services.

(10) Veterinary uses (including care, grooming, or boarding).

(11) Warehousing and distribution service.

§ 260-66 Accessory structures.

[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

A. The following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

A structure that is clearly incidental to and customarily found in connection with a principal use, is subordinate in size and intensity of use to a principal structure, is located on the same lot as the principal structure being served and contributes to the comfort, convenience, or necessity of the occupants, business, or industry located in the principal structure being served.

ACCESSORY USE

The use of land or structures, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

B. Permitted accessory structures and uses. Accessory structures and uses are permitted if they are under the same ownership and on the same lot as the principal use and principal structure. Any accessory use or structure which is accessory to a legally nonconforming use or structure shall be treated in the same manner and subject to the same regulation as the principal use and principal structure.

C. Location of accessory structures. No accessory structure may be located in the required front or corner side yards. The side and rear setbacks of accessory structures are set forth in the district dimensional tables in this chapter.

D. Connected structures. Where a structure is within six feet of the principal structure or interconnected to the principal structure (which must include a foundation, walls and a roof), such structure is no longer accessory, but wholly part of the principal structure, and the dimensional and use requirements for a principal structure shall apply.

E. Height. Maximum height of accessory structures is set forth in district dimensional tables in this chapter.

F. Size.

(1) No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.

(2) A single-story accessory structure, less than 16 feet in height, and no more than 144 square feet in floor area, may be placed within six feet of a side or rear property line regardless of zoning district, provided that it is not placed within a front yard or corner side yard.

G. Accessory recreation facilities. Tennis, racquetball or paddle tennis courts and similar accessory facilities shall comply with the following requirements:

(1) No such facility which is accessory to the residential use shall be located in a front or corner side yard and shall otherwise comply with the side and rear setback requirements for accessory structures as set forth in § 260-19.

(2) No part of any such facility shall have lighting, unless such lighting is approved by special use permit and can be shown not to be a nuisance to abutting residential property; and

(3) The area in which the facility is located shall be screened from the view of abutting properties by means of opaque fences, walls, hedges between six and eight feet in height.

§ 260-67 Swimming pools.

[Amended 2-28-2011 by Ch. No. 1743; 10-21-2019 by Ch. No. 1978; 10-26-2020 by Ch. No. 1997]

No private swimming pool capable of containing more than 24 inches of water shall be allowed in any district except as an accessory use, and in accordance with the following requirements:

A. The pool must be intended and used principally for the enjoyment of the residents of the property upon which it is located.

B. The pool shall meet the barrier requirements listed in Rhode Island State Building Code.

C. The pool and its equipment shall be no closer than 15 feet to any side or rear lot line and shall not be located in any required front yard setback.

D. Any lighting shall be shielded and directed away from abutting property and adjacent streets.

§ 260-68 Fences, walls and ISDS systems.

[Amended 5-9-2005 by Ch. No. 1538; 9-12-2005 by Ch. No. 1551; 4-7-2008 by Ch. No. 1633]

Fences and walls not exceeding 10 feet in height may be placed in any yard in an industrial district. In any other district, fences and walls may be constructed up to six feet in height. The use of barbed wire and razor wire is prohibited in the Town of Westerly and shall not be a component of, or attached to, any fence or wall. All fences, walls, and hedges are subject to roadway vision clearance requirements of § 260-20F. Fences, walls and ISDS systems (individual sewage disposal systems) and any and all components thereto shall not be considered to be structures for the purposes of this chapter. The term "wall" does not include engineered retaining walls, which are permitted uses in all districts, subject to provisions contained in § 260-87.3.

§ 260-68.1 Temporary fencing.

[Added 4-7-2008 by Ch. No. 1633]

Temporary fencing, as required by the Planning Board during the construction process, shall be as follows:

A. On sites that have slopes of 10% or less; temporary poly barrier fencing, snow fencing, or any other flexible fencing a minimum of four feet in height, with supports equal to the height of the fencing and placed no more than four feet apart, shall be installed on the up-gradient side of the slope.

B. On sites that have slopes greater than 10%, temporary stockade or chain link fencing a minimum of six feet in height, with supports equal to the height of the fencing and placed no more than 10 feet apart, shall be installed on the up-gradient side of the slope.

C. Supports for temporary fencing shall not be set in concrete.

D. Temporary fencing shall be inspected daily and maintained by the property owner or its agent.

§ 260-69 Recreational vehicles in residential districts.

The parking and storage of recreational vehicles in residential zoning districts shall be governed by Chapter 167 of the Code of the Town of Westerly, Mobile Homes and Trailer Parks.

§ 260-70 Commercial vehicles in residential districts.

The overnight parking or storage of commercial vehicles of over 3/4 ton capacity shall not be permitted in any residential district except where parking or storage is directly related to a lawful nonconforming use on the premises. Where such parking is permitted, the vehicle shall be stored in a building or in an area screened and/or landscaped to buffer from abutting residential uses.

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

[Added 8-21-2006 by Ch. No. 1578]

A. No unregistered motor vehicle, automobile, truck, or the like, nor any parts or components of such vehicle, nor any vehicle without a Rhode Island inspection sticker valid within the last 120 days, shall be parked, stored or allowed to stand ungaraged on any residential property within the Town for a period exceeding 60 days.

B. Notwithstanding the foregoing provision, a property owner shall be permitted to store two unregistered vehicles per residential lot if the vehicle is screened on all four sides or is completely encapsulated by a car cover and is located on the property in compliance with all zoning district setback requirements that pertain to accessory structures.

C. A tarp, sheet or other rudimentary cover shall not constitute a legitimate car cover for the purposes of this section.

D. The owner of property where the offending vehicle or part thereof is located, after having been sent a written notice from the Property Maintenance Code Official or Zoning Official, shall be subject to a penalty of $25 per day for each unregistered vehicle or uninspected vehicle that is parked or stored on the property for longer than 15 days after the date of the notice.

E. Written notice will be sent to the mailing address of the property owner as maintained by the Tax Assessor's Office. The fine in the aggregate shall not exceed $500 for each vehicle or part thereof.

F. This provision shall not apply to any properly licensed and permitted repair shops, dealers, or junkyards. Registered antique vehicles exempted by state law are also exempt from this section.

§ 260-71 Cemeteries.

A. Minimum area. A new cemetery shall be located on a lot containing at least 20 acres.

B. Building setbacks. All buildings in which the dead are interred shall be set back at least 80 feet from any street bounding the cemetery.

C. Grave setbacks. All graves or burial lots shall be set back at least 15 feet from any street bounding the cemetery.

D. Residential buffer. Where a cemetery abuts a residential zone, a buffer equal to the abutting yard setback in the residential zone or 50 feet, whichever is greater, shall be required. A rear yard setback of 55 feet is required.

E. Expansion of existing cemetery. Any expansion of an existing cemetery must comply with the preceding requirements.

§ 260-72 (Reserved) [1]

[1] Editor's Note: former § 260-72, Gold driving ranges, as amended 11-26-2001 by Ch. No. 1381, was repealed 10-26-2020 by Ch. No. 1997.

§ 260-73 Golf courses.

[Amended 11-26-2001 by Ch. No. 1381]

A. Development plan. The development plan required pursuant to § 260-45 shall show the layout of the property and indicate the location of any clubhouses, all tees, fairways, greens, fences, walls, any pro shops, maintenance sheds and other structures, practice ranges, putting greens and other features appurtenant to the golf course.

B. Principal uses. The principal uses and structures shall be the golf course itself and any clubhouse on the premises.

C. Accessory uses. Accessory uses and structures shall include the pro shop, any maintenance buildings and facilities, tennis and other recreational facilities and golf villas or guest cottages, provided that any such villa or cottage shall contain no cooking facilities and shall contain no more than four bedrooms each and shall not be occupied by any guest for a period longer than two consecutive weeks.

§ 260-74 Riding/boarding stables.

A. Minimum lot size. The minimum lot size shall be 200,000 square feet.

B. Maximum number of animals. The number of animals permitted in commercial stables shall be limited as follows: There shall be no more than one horse (including horses, ponies, mules, donkeys, and other animals used for riding) per 10,000 square feet of property and per ten-foot by ten-foot stall.

C. Buffering. A vegetative strip no less than 100 feet wide shall be maintained between any corral or manure pile, and any well or surface water body.

§ 260-75 Boating marinas.

[Amended 10-26-2020 by Ch. No. 1997]

A. A marina shall be considered a land development project and shall, in addition to all other required approvals, be reviewed and approved by the Planning Board in accordance with the provisions of Chapter A261.

B. Size. The size of the marina shall be determined by the carrying capacity of the land and the adjacent water, the capacity for dry storage on land, the capacity for off-street parking, the availability of sanitation facilities and the accessibility of adjacent roads.

C. Use of docks. Dock use shall be as permitted by the Rhode Island Coastal Resources Management Council.

D. Marine service structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards.

§ 260-76 Airports/heliports.

A. Industrial use category. Landing strips and heliports (accessory hangers and sheds) are classified in the general industrial use category.

B. Minimum area. The area proposed for new uses and expansion of existing ones shall be sufficient to meet the standards of the Federal Aviation Administration and the Rhode Island Airport Corporation in accordance with their published rules and regulations for the class of airport proposed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Approach areas. No approach areas shall be permitted over existing residential areas or over vacant areas zoned for residential development.

D. Location of buildings. No building, hanger, or other structure shall be less than 100 feet from any street right-of-way or lot line.

E. Repairs. All repair of airplanes and machinery shall be done inside hangers.

§ 260-77 Off-street parking regulations.

[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 4-9-2007 by Ch. No. 1598; 10-26-2020 by Ch. No. 1997]

A. Parking required. Except as otherwise provided in this chapter, any structure or use erected or developed must provide off-street parking facilities in accordance with the following minimum standards.

(1) Residential dwelling units:

(a) Two car spaces for each dwelling unit except as follows:

[1] One car space for an accessory dwelling unit.

[2] Multifamily dwellings of four or more units shall provide one assigned car space per one bedroom unit and one additional unassigned car space per unit with two or more bedrooms.

(2) Hotels/motels and inns: one car space per room plus one for every three employees on the largest shift, plus one car space per four seats capacity for each accessory use open to the public.

(3) Restaurants, theaters and other places of public assembly.

(a) Restaurants, taverns and bars: one car space for every three seats or every three persons of capacity.

(b) Theaters and other places of public assembly: one car space for every four seats of capacity.

(4) Hospitals, nursing homes and congregate housing.

(a) Hospitals or institutions: one car space for each bed, and one car space for every staff member/employee on largest shift.

(b) Nursing homes: one car space per two beds plus one car space per employee on largest shift.

(c) Assisted living complex: one car space per two beds, plus one car space per employee on largest shift.

(d) Congregate housing complex: one car space per bed, plus one car space per employee on largest shift.

(5) Office use: one car space for every 250 square feet of floor space, excluding stairways, service areas, storage and equipment areas; not applicable to office space ancillary to a commercial use.

(6) Retail and service business: 4.5 car spaces for every 1,000 square feet of gross floor area up to 10,000 square feet; 4.75 car spaces for every 1,000 square feet of gross floor area greater than 10,000 square feet.

(7) Outdoor recreation use.

(a) Camp or campground: one car space per employee, plus one car space per campsite, plus one car space per three campsites, if visitors are permitted.

(b) Golf course: four car spaces per green, plus one car space per employee, plus those spaces as otherwise required for all accessory uses, such as restaurant, banquet facility, etc.

(c) Recreational vehicle park: 1.5 car spaces per RV site, plus one car space per employee, plus one car space per five sites, if visitors are permitted.

(d) For all other outdoor recreation uses: one car space for every three persons of total capacity.

(8) Industrial and wholesale uses:

(a) Manufacturing uses: one car space per each two employees on largest shift, plus one car space per 500 square feet of floor space devoted to customers and visitors.

(b) Wholesale/warehouse uses: one car space per two employees and one car space per truck bay and/or loading dock.

(9) All other nonresidential uses: one car space for every 300 square feet of gross floor area.

(10) In the DC-1, DC-2 and NB Zoning Districts the following standards shall apply:

(a) Dwelling units: one car space for each dwelling unit containing up to two bedrooms, and one additional car space for any unit with more than two bedrooms.

(b) Restaurants, taverns and bars: one car space for every four seats or every four persons of capacity.

(c) Theatres and other places of assembly: one space for every six seats or every six persons of capacity.

(d) When an existing unit in a multi-unit commercial or mixed-use building is repurposed with no expansion in gross floor area, no additional off-street parking shall be required regardless of use.

(11) Ministorage: 0.15 car space per 1,000 square feet of gross floor area plus one per employee on largest shift.

[Added 5-1-2023 by Ch. No. 2034]

B. Plans and specifications for off-street surface parking facilities. Plans and specifications for a required off-street surface parking facility and its access drives shall be submitted at the time of application for a permit for the development or redevelopment of the use of the property. In allocating area for off-street surface parking, each parking space shall have a minimum width of nine feet, a minimum length of 18 feet and shall be served by suitable aisles to permit access into all parking spaces. For driveways serving two-way traffic, the aisle width shall be 24 feet, and drive aisles serving one-way traffic shall have an aisle width of 15 feet. In no case shall the gross area per parking space be less than 270 square feet. Such plans and specifications for off-street surface parking shall include circulation, landscape, directional signage and lighting plan.

C. Regulations for off-street parking facilities. All parking facilities provided under this section must be developed on the site of the main use unless otherwise specified herein. Any off-site facilities must be located within 500 feet of the main use, provided that they are located within a commercial or industrial district as defined in § 260-12.

D. Parking lots shall conform to the following regulations:

(1) The area shall be paved and provided with bumper guards where needed, except in areas designated as critical resource areas by the Coastal Resources Management Council or otherwise required for stormwater infiltration. The Planning Board, as part of its review and approval, may require all or part of the parking area surface to be pervious, or a combination of previous and impervious.

(2) The surface parking lot shall have a five-foot-wide perimeter buffer that shall be landscaped with ground cover, shrubs and trees that are salt-tolerant and of seasonal interest. The buffer should be undulating and have a variety of materials to provide interest and separation from the site's parking surface. Where such area adjoins a residential district, a solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between the buffer and the adjoining residential district.

(3) Parking lot surfaces, curbing and landscaping shall be maintained, including but not limited to regular sweeping, plowing, repaving and striping, replacement of curbing, irrigation, pruning, and leaf collection.

E. Oceanfront historic hotel. Parking required for an oceanfront historic hotel may be located on and/or off the site of the hotel on any property which has heretofore been used for parking in conjunction with such hotel.

F. Adult entertainment. All parking for employees and customers shall be located between the building and the street on which the building has frontage.

G. Trailer trucks, heavy construction equipment, and associated trailers may not be stored or parked greater than one hour in any twenty-four-hour period in any residential area, except for heavy construction equipment during the active on-site construction period.

§ 260-78 Off-street loading.

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

§ 260-79 Kennels.

A. Definition. As used in this section, the following terms shall have the meanings indicated:

KENNEL

An operation that provides food, shelter and care of household animals for purposes not primarily related to medical care, or an operation that engages in the breeding of animals for sale. Kennels are divided into two types: commercial and private.

KENNEL, COMMERCIAL

An establishment which houses dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

KENNEL, PRIVATE

Any buildings or land designed for the care of more than four dogs, cats or other animal breeds belonging to the owner of the principal use, kept for the purposes of noncommercial showing, hunting, or breeding.

B. Regulation of kennels. Kennels shall be regulated as follows:

(1) The minimum lot area shall be three acres for private kennels and 10 acres for commercial kennels.

(2) No structure used for any kind of kennel shall be closer than 150 feet to any lot line.

(3) Each commercial kennel shall provide one run per animal; no commercial kennel shall have more than 20 runs.

(4) Each private kennel shall provide one run per two animals and shall have no more than two runs.

§ 260-79.1 Pet day-care facility.

[Added 6-8-2020 by Ch. No. 1990]

A. Definition. An establishment that provides food, shelter, water and day care for dogs, cats and other similar domestic household pets (collectively "pets") for all or part of the day only. This use primarily provides daytime, cage-free play, care, and supervision of pets indoors and outdoors to promote animal wellness and socialization but may have crates to house to pets in the event of illness, injury, or as deemed essential and necessary.

B. Approval required. An application for a pet day-care facility shall be made to the Zoning Enforcement Officer.

(1) When the use is permitted by right, the Zoning Enforcement Officer may grant approval administratively, provided that all of the requirements set forth in this section are met.

(2) When the use requires a special use permit, the Zoning Enforcement Officer shall refer the application to the Zoning Board of Review for review and approval pursuant to the standards set forth in this section, which may not be varied or waived, and in accordance with the procedures set forth in § 260-34.

C. Standard requirements. In addition to the use and dimensional requirements for the district in which the pet day-care facility is located, the following standard requirements must be met.

(1) Pet day-care facility, without outside runs:

(a) All buildings, structures and facilities shall be a minimum of 100 feet from any residential structure and a minimum of 100 feet from any residential lot line.

(b) Outdoor play, care and exercise is permitted for short periods of time and only in enclosed areas where human supervision is present the entire time.

(2) Pet day-care facility, with outside runs:

(a) The minimum lot area shall be three acres.

(b) All buildings, structures, and facilities shall be a minimum of 150 feet from any residential structure and a minimum of 150 feet from any residential lot line.

(c) Outdoor play, care and exercise areas shall be fenced and shall provide shelter and water, proportionate to the number of pets, from weather elements to include the sun.

(d) There shall be no greater than five runs, and each run shall only be used by one pet at a time.

(3) Standards applicable to all pet day-care facilities.

(a) Play, care, and exercise areas are prohibited in the front yard area.

(b) Adjacent properties shall be adequately protected from noise, odors, and unsightly appearance.

(c) Animals shall be confined to the lot at all times.

(d) The area of operation shall be completely enclosed. External play areas shall be completely fenced.

(e) The facility operator shall require proof that each animal is licensed by the municipality where the animal is kept, if applicable, and shall require proof that each animal has up-to-date rabies, DHLIPP (or DA2PP) and Bordatella vaccinations, if applicable.

(f) On-site waste facilities shall be designed to accommodate all animal waste generated and shall include hosing and cleanup capabilities.

(g) The facility shall be allowed to operate no greater than 5:00 a.m. to 7:00 p.m. every day.

(h) The use shall be subject to the provisions of the Westerly Code of Ordinances, including without limitation Chapter 76, Animals, §§ 76-10 and 76-11.

(i) The use shall be subject to all federal and state statutes and regulations, including without limitation Rules and Regulations Governing Animal Care Facilities, 250-RICR-40-05-4, of the Rhode Island State Regulations.

(j) The facility operator shall maintain the appropriate license(s) required for operation by the State of Rhode Island and Town.

(k) The facility shall be designed, constructed, or retrofitted and maintained so that sound emitted through exterior walls and roofs enclosing areas where pets are kept and shall not exceed 45 decibels, measured by DBA scale.

(l) The owner or applicant shall provide certification from a registered architect or acoustical engineer that the facility will meet the sound requirements of this section.

(m) Animals causing a nuisance outside shall be controlled or taken inside if the animal cannot be controlled immediately.

(n) Accessory uses may include training, behavioral counseling, grooming, and retail sales of pet food and pet accessories and toys.

(o) The use shall not include breeding facilities, kennels, or overnight boarding.

(4) Application requirements. All applications for a pet day-care facility shall include the following:

(a) A copy of each license required by the State of Rhode Island.

(b) A detailed floor plan of the facility which shall include the following:

[1] Indoor and outdoor runs or cages, if applicable;

[2] Interior and exterior doors;

[3] Windows and vents;

[4] Heating and cooling system;

[5] Lighting;

[6] Isolation or quarantine cages/runs/rooms;

[7] Food storage;

[8] Front desk or reception area;

[9] Cooler and/or freezer;

[10] Location of sprinklers and fire suppression systems;

[11] Posted emergency evacuation plan or map;

[12] Waste receptacles; and

[13] Drainage systems.

(c) A statement of the maximum number of animals, by species, that the facility can accommodate.

(d) A written plan for treating injured animals.

(e) A written plan stating what will be done with aggressive animals.

(f) A written evacuation plan for people and animals.

(g) A list, and mailing labels, with the names and current addresses of property owners within the notice area.

(5) All licenses granted pursuant to the provisions of this chapter are subject to the prior approval of proper authorities as specified in § 158-3.

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

A. Minimum site area. The minimum site area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.

B. Yard setbacks. The front, side and rear yards shall meet the minimum dimensional requirements specified in the Standard Zoning District Dimensional Tables in Article V, unless the lot abuts a residential zone with greater minimum yard dimensions, in which case, any yard which abuts the residential zone must meet the dimensional requirements for the residential zone.

C. Driveways. Driveways shall be at least 24 feet wide and shall have at most two access points onto a single street. No driveway shall be less than 50 feet from any corner lot line, 10 feet from any side lot line, or 40 feet from any other driveway serving the lot.

D. Lighting fixtures. Lighting fixtures used to illuminate automobile sales lots shall be no higher than 14 feet above the ground. Lighting for sales lots shall be restricted to the front 1/3 of the lot. At the close of business, all lighting shall be limited to that necessary for security

§ 260-81 Gas sales.

A. Restriction on location. No gasoline sales or service station shall be expanded or constructed within 200 feet of the boundary line of any residential zone or of any school, church, park, playground, hospital, public library, or any place of public assembly, regardless of the zone in which such use is located.

B. Minimum lot area. The minimum lot area shall be 20,000 square feet with a minimum street frontage of not less than 150 feet.

C. Services enclosed. All services except fuel sales shall be performed within an enclosed building. No vehicles requiring repair and service shall be stored outdoors for longer than 20 days.

D. Location of access points. Entrances and exits shall be at least 100 feet from any intersection.

E. Surfacing and the service apron shall be permanently improved with a paved surface. Adequate provision shall be made for the collection and disposal of stormwater. Stormwater runoff shall not be discharged into a Town road without the approval of the Town Engineer.

F. Pumps and fuel tanks. Gasoline and other fuel storage tanks shall be located underground, and shall be constructed and installed in accordance with specifications issued by the United States Environmental Protection Agency. Any pumps, underground fuel storage tanks, and islands, including any canopies, shall be at least 45 feet from any street or lot line. Tanks shall be set back from all buildings as follows:

(1) Tanks of 30,000 gallons shall be set back at least 25 feet.

(2) Tanks of 6,000 gallons shall be set back at least 20 feet.

(3) Tanks of 3,000 gallons shall be set back at least 10 feet.

§ 260-82 Motor vehicle junkyard.

A. Special use permit. In conjunction with the special use permit application, the applicant shall provide a plan showing the location of all buildings and the location of storage areas.

[Amended 10-26-2020 by Ch. No. 1997]

B. Screening. A solid or opaque fence of not less than seven feet in height shall be required.

[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

C. Storage of fuel and oil substances. All lubricant and fuel oil substances which are to be stored on site shall be stored with all necessary precautions taken to prevent their leakage and/or surface or subsurface drainage into water bodies. A plan detailing how these materials will be stored in compliance with this requirement shall be submitted with the application.

[Amended 10-26-2020 by Ch. No. 1997]

D. Motor vehicle junkyards shall also comply in all respects with Chapter 150, Junkyards, of the Town Code.

[Added 9-21-2020 by Ch. No. 1995]

§ 260-83 Drive-through or drive-up lanes.

[Amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

The Zoning Board may grant a special use permit for a drive-through or drive-up lane associated with any retail use, provided that the following requirements are met.

A. Minimum site area. The minimum site area for a drive-through lane, not within a plaza, shall be 20,000 square feet with a minimum street frontage of 150 feet.

B. Setbacks. The front, side and rear yard setbacks shall be no less than the minimum applicable dimension specified in the Standard Zoning Districts Dimensional Tables in § 260-19 of this chapter, unless the lot abuts a residential zone with greater minimum yard setbacks, in which case, the setback of the yard with the drive-through lane which abuts the residential zone shall be equal to the setback of the abutting residential zone.

C. Drive-through lanes. Drive-through lanes shall be at least 15 feet wide and shall have no more than two access points from all public rights-of-way and shall be harmonious with the interior circulation within the parcel. No drive-through lane shall be less than 100 feet from any street intersection, 10 feet from any side lot line, or 50 feet from any other driveway.

D. Lighting. Lighting fixtures used to illuminate drive-through lanes shall be no higher than 14 feet above the ground. At the close of business, all lighting shall be limited to that necessary for security.

E. Stacking lanes. Stacking lanes shall be provided in accordance with the following requirements:

(1) Stacking lanes shall be separated from other circulation lanes and shall be identified by pavement rumble strips, curbs or landscaping.

(2) No exit from or entrance to such lanes shall be within 100 feet of a street intersection.

(3) Each stacking lane shall provide a queue length of five to 25 spaces, depending on the intensity of use, each space having a dimension of 10 feet by 18 feet. The applicant shall provide documentation to support the number of spaces proposed for the queue length based on the proposed use.

(4) The distance from the pick-up window to the egress onto the street shall be a minimum of 90 feet to a maximum of 180 feet.

§ 260-84 Hazardous waste management facility siting.

A. Purpose. It is the intent of this chapter to regulate the siting of a hazardous waste management facility to the extent permitted by Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended, that said facility be permitted by special use permit in a General Industrial Zone subject to the provisions contained herein and Chapter 19.7 of Title 23 of the General Laws of the State of Rhode Island.

[Amended 10-26-2020 by Ch. No. 1997]

B. Definitions. The definitions included within Chapter 19.7, "Hazardous Waste Management Facilities," of Title 23 of the General Laws of Rhode Island, and all amendments thereto, are incorporated within this chapter as though fully set forth herein.

C. Prohibition of landfills and injection wells. No property located totally or partially within the Town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.

D. Restrictions on hazardous waste management facility. A hazardous waste management facility shall not be sited in the Town unless the following restrictions are complied with:

(1) A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line in an industrial zone, from the nearest residential or farming use or a residential or farming zone.

(2) A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and wherever the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from property lines.

(3) A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from property lines.

(4) Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, the following:

(a) Slopes of 5% or more.

(b) Areas identified as freshwater wetlands under the RIGL 2-1-20.

(c) Water-related sensitive areas and areas in the recharge area of a groundwater aquifer as delineated on the State of Rhode Island 208 Area Wide Water Quality Management Plan (R.I. Statewide Planning FRC-JF-01-13) or any other determination of said sensitive areas made by a competent hydrologic and water quality analysis as defined by the Rhode Island Department of Health under RIGL 46-13-2.

(d) Areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(e) Areas containing unique habitats as determined by the Audubon Society of Rhode Island Unique Areas Survey, 1973, and any updates thereto.

(5) The Town Engineer shall determine that a development site for a hazardous waste management facility is at least 1,000 feet from any pond, any major stream or river, any minor stream or river or any recharge area of a groundwater aquifer. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses, wetlands areas and aquifers.

(6) Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (RIGL 23-19.1-1 et seq.) in seeking a permit for such facility, within 10 days of filing under the Act.

(7) In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact agreement for review by the local assessment committee. This filing shall be made within 10 days of receiving the permit.

(8) The following regulations for an industrial hazardous waste management facility shall apply:

(a) Minimum lot area: 174,240 square feet (four acres).

(b) Minimum lot frontage: 250 feet.

(c) Minimum front yard: 200 feet.

(d) Minimum rear yard: 125 feet.

(e) Minimum side yard: 75 feet.

(f) Maximum lot coverage: 25%.

E. Appointment and powers of Local Assessment Committee; ratification of siting agreements

(1) Appointment.

(a) There shall be appointed a Local Assessment Committee consisting of five members. The Town Council President, the Town Manager and the Chairman of the Planning Board shall be members of the Committee. The remaining membership shall be drawn from the public and appointed by the Town Council President. At least one public member shall be knowledgeable in environmental matters by reason of training or experience. The Town Council President shall be the Chairman of the Committee.

(b) The Local Assessment Committee shall be appointed within 45 days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Rhode Island Hazardous Waste Management Act of 1978, as amended, which facility proposes to be sited in or have impact upon the Town. The Committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the Town Council or until such time as a siting or impact agreement is reached in accordance with Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended.

(2) Powers and duties. The powers and duties of the Local Assessment Committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws of Rhode Island and all amendments thereto.

(3) Ratification. No siting or impact agreement negotiated by the Local Assessment Committee shall be binding upon or enforceable against the Town until such agreement is ratified by the Town Council.

F. Prohibition against variances or special exemptions. Notwithstanding any provision in this chapter, no developer shall be entitled to receive any variance from any requirement in this section.

§ 260-85 Communication installations.

[Amended 9-27-1999 by Ch. No. 1277]

A. Purpose: The general purposes of this section are:

(1) To provide for the placement and construction of telecommunication facilities including the following types of towers included but not limited to broadcasting towers, two-way radio towers, fixed point microwave dishes, commercial satellites, receiving dishes, cellular and PCS towers.

(2) To manage the total number of towers, and/or antennas throughout the Town.

(3) To encourage installation of towers and/or antennas in areas where adverse impacts upon the Town are minimized.

(4) To encourage towers and/or antenna configuration which minimizes adverse visual impact on the Town.

(5) To encourage collocation of tower and facilities.

(6) To support the objective of communication providers and delivering telecommunication service to the community quickly, effectively, and efficiently.

B. Location:

(1) Communication tower installations shall be permitted in the following locations, but subject to development plan review and approval by the Planning Board:

[Amended 5-15-2000 by Ch. No. 1300; 1-11-2010 by Ch. No. 1697]

AP 85	Lot 2	(Westerly Charlestown border)
AP 55	Lot 1	(Quarry Road — Bradford)
AP 47	Lot 112	(High Street, Ashaway Road)
AP 80	Lot 1A	(Cedar Swamp/Town Wellhead Site)
AP 59	Lot 78-1	(Westerly Landfill Site)
AP 57	Lot 358	(Ward Avenue, High School Athletic Field)
AP 124	Lot 6	(Old Post Road - near Charlestown)
AP 85	Lot 1	(Westerly Charlestown border)
AP 75	Lot 1	(Westerly Charlestown border)
AP 15	Lot 14	(Bradford Dyeing Association) except that portion within 300 feet of the river bank and/or residential uses.
AP 52	Lot 3A	(29-33 Old Carriage Road) AP 52, Lot 3A, subject to the condition that the cell tower pole be sized for a future three-phase electrical extension.

(2) Communication antennas shall be permitted as accessory to existing structures subject to development plan review and approval by the Planning Board. Communication antennas, other than public safety antennas, shall not be permitted on or as accessory to Town water towers.

[Amended 8-15-2000 by Ch. No. 1314]

(3) Communication installations will be permitted by special use permit of the Zoning Board of Review in the following locations (preceded by development plan review and approval by the Planning Board):

(a) All General Industrial Zones.

(b) All Light Industrial Zones.

(c) All Open Space and Recreation Zones.

(d) All Commercial Recreational Zones.

(4) The Zoning Board of Review will give a preference for the use of existing structures and towers, instead of the construction of new telecommunication tower facilities. All reasonable efforts shall be made for collocation on existing structures and towers. The Zoning Board of Review shall, as a condition of approval for the construction and continued use of a new telecommunication tower, require that the applicant, its successors and/or assign not unreasonably delay or refuse to allow the collocation of equipment, antennas or ancillary equipment or structures on the telecommunication tower or on the site by future applicants for similar special use permit.

(5) The Zoning Board of Review shall give a preference to Town-owned sites which meet the requirements of the applicant.

[Amended 9-27-1999 by Ch. No. 1277]

C. Application requirements:

[Amended 9-27-1999 by Ch. No. 1277]

(1) All applicants for communication installation shall provide the following information to the Planning Board and/or Zoning Board:

(a) Site and landscape plans drawn to scale including tower location and all accessory buildings and equipment and structures.

(b) A report including a description of the tower with technical reasons for its design.

(c) Documentation establishing the structural integrity for the tower's proposed use.

(d) The general capacity of the tower, and information necessary to assure that ANSI standards are met.

(e) A statement of intent on whether excess space will be leased.

(f) Proof of ownership of the proposed site or authorization to utilize it.

(g) Copies of any easements necessary.

(h) An analysis of the area containing existing topographical contours.

(2) In all cases where a special use permit is required, for a continuous period of two consecutive days (to be selected by the Town Planner), a helium balloon of sufficient size and color or other similar visible structure shall be placed at the location of the proposed telecommunication tower and flown or placed at the maximum proposed tower height.

D. Development standards: The following standards shall apply to all applications:

[Amended 9-27-1999 by Ch. No. 1277]

(1) A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.

(2) Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennae and communication towers shall be identified.

(3) A communication tower shall be set back from all property lines so that its fall zone is outside abutting property as determined by the Planning and/or Zoning Board. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.

(a) All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than 25 feet. When located in or abutting a residential district or Historic Overlay District, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.

(b) Communication equipment buildings and structures shall be considered accessory uses and comply with the following setback:

[1] One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 25 feet;

[2] Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 35 feet.

(4) Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. The Planning and/or Zoning Board shall insure that towers shall be screened from all adjacent properties and streets, and appropriately camouflaged if required. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

(5) Communication tower equipment, buildings and base structures shall be enclosed by a fence no less than eight feet in height and not more than 10 feet in height from finished grade. Access shall be through a locked gate. Said fence shall be of such material as approved by the Planning and/or Zoning Boards.

(6) Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.

(7) No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town.

(8) Communication antennas attached to a structure shall conform to the following:

(a) The antennas are not higher than 20 feet above the highest point of the structure;

(b) The antennas comply with applicable FCC and FAA regulations; and

(c) The antennas comply with all applicable zoning requirements and building codes.

(d) Antennas on existing structures shall be constructed so as to blend into the appearance of the structure. The applicant shall bear the burden of demonstrating its compliance with the requirement before the Planning Board.

(9) The Planning and/or Zoning Board shall regulate height of all towers based upon topography, features of the surrounding environment and visibility provided that in no event may the height of any tower exceed 250 feet.[1]

[1] Editor's Note: Former Subsection D(10), regarding appearance of antennas on existing structures, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Abandonment. The owner of any existing tower or telecommunication facility (including small antennas and other facilities mounted on rooftops) shall provide the Town Zoning Official with a copy of the notice to the FCC of intent to cease operations and, in any event, shall have 90 days from the date of cease in operations to remove the obsolete tower and accessory structures and return the premises to its preexisting condition as nearly as practicable at the owner's sole cost and expense. Failure to comply with this provision shall subject the owner to the penalties provided for in § 260-26 of this chapter.

[Amended 9-27-1999 by Ch. No. 1277]

§ 260-86 Signs.

[Amended 4-9-2007 by Ch. No. 1598; 1-10-2011 by Ch. No. 1737; 9-10-2012 by Ch. No. 1780; 11-5-2018 by Ch. No. 1944; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

A. Intent and purpose.

(1) The intent and purpose of this section shall be to regulate, restrict and place limitations on the overall number, size, location, alteration, type and illumination of all signs; to provide for the use of signs as a means of communication in a manner that is consistent with the aesthetic New England historic and coastal qualities of the Town and with pedestrian and traffic safety and to achieve the following general purposes:

(a) To protect and enhance commercial and residential property values by creating a visually harmonious environment;

(b) To promote the general business interests of the Town by maintaining and improving the visual quality of commercial areas;

(c) To provide for the general safety of the public by reducing, over time, the distracting nature of numerous, visually diverse signs, particularly along heavily traveled roadways; and

(d) To enhance the traditional qualities and characteristics of the Town of Westerly, and to further the objectives of the Comprehensive Community Plan.

(2) This section shall apply to all signs which may be erected, placed, displayed, established, created, used, altered, replaced or maintained in the Town. Signs which are not expressly permitted by these regulations are prohibited. The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in § 260-33 unless otherwise noted.

(3) Due to the complexities of site engineering and vehicle/pedestrian circulation associated with multi-occupant developments, such as shopping centers, educational and medical institutions, office parks, recreational facilities and mixed-use facilities, the owners of such development shall submit to the Planning Board an integrated signage package for any minor or major land development project approval pursuant to Chapter A261.

(a) In addition to the submission requirements for a land development project, the application shall include the information required by this section for the issuance of a sign permit and the opinion and recommendation of the Zoning Officer on consistency of the proposed signage with the Zoning Ordinance.

(b) In approving an integrated sign package, the Planning Board shall apply the standards applicable to land development projects under Chapter A261 and find that:

[1] Such signage program would be consistent with the intent and purpose of this section;

[2] The placement of signs within the multi-occupant development would be harmonious with the other aspects of the site plan; and

[3] Such signage program would result in a more comprehensive and attractive arrangement and display of signs than could otherwise be accomplished under the standards of this section.

(c) Planning Board approval of the integrated sign package does not waive the requirement that the applicant obtain the necessary relief from the Zoning Official or Zoning Board. In the event that the applicant's integrated sign package requires any relief from existing Zoning requirements, the applicant shall apply for that relief from the Zoning Board and shall seek an advisory recommendation from the Planning Board for the relief sought.

B. Definitions. For the purposes of this section, the following terms shall have the meaning stated herein:

ABANDONED SIGN

A sign which has not identified or advertised a business, service, owner, product, or activity for a period of at least 180 days.

ALTERATION

A change in the size, shape, or structure of the sign or its support, a change in the mechanical facilities, type of illumination or mode of operation of an existing sign. Copy or color change of an existing sign is not an alteration.

BILLBOARD SIGN

A sign for which the message display is mounted on a permanent structure, that meets any of these criteria:

(1) A permanent structure sign which is used for the display of off-site products, goods, services, facilities, events or attractions not made, sold, used, served or available on the lot displaying such sign; or

(2) A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or

(3) A permanent structure outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the lot (not including those who rent space from the sign owner, when the message on the sign is for the entity operating at the site) for a rent or other consideration.

CANOPY SIGN

A sign which is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area.

COMMUNITY EVENT SIGN

Freestanding temporary portable signs to be used by government, quasi-government, institutions, libraries, schools and nonprofit organizations for promotion of special limited duration events.

FLAG

Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners, including feather signs.

FOOTCANDLE

A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footcandle is equal to one lumen per square foot.

FREESTANDING SIGN

A sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground. A freestanding sign does not include temporary signs placed on sidewalks.

GOVERNMENT/REGULATORY SIGN

Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.

IDENTIFICATION SIGN

A sign, located on the premises, which indicates the names, 911 address, and/or identifying symbol of:

(1) A development containing two or more occupants such as a professional office building, a residential building, an industrial park or commercial building center; or

(2) A school, church, park, hospital, or other public or semipublic institution or facility.

INFLATABLE SIGN

A sign in the form of an air-inflated object of various shapes that is made of flexible fabric and placed on the ground or a structure.

MANUAL CHANGEABLE COPY SIGNS

A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign face.

MARQUEE

A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.

MARQUEE SIGN

Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.

MULTI-OCCUPANT SIGN

A freestanding sign used to advertise businesses that occupy a shopping center or complex with greater than one occupant.

NONCONFORMING SIGN

A sign that was legally erected and maintained at the effective date of the Zoning Ordinance, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.

PORTABLE SIGN

A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.

PROJECTING SIGN

A sign which is wholly or partly dependent upon a building for support and which projects more than 15 inches from the building.

ROOF SIGN

A sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.

SANDWICH BOARD SIGN

A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (also known as "A-frame sign").

SNIPE/BANDIT SIGN

A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way.

VEHICULAR SIGN

A type of freestanding, portable, temporary sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.

WALL SIGN

A sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background surface of, the sign and which does not project more than 15 inches from the structure.

WINDOW SIGNS

Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and which is visible from any public or private sidewalk, street or highway. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.

C. Sign permits. New signs shall not be erected, and legally existing signs shall not be replaced, relocated or altered, without a permit granted in accordance with the provisions of this section. Applications for a sign permit shall be submitted to the Zoning Official on the appropriate form provided by the Zoning Office. The application shall include plans and specifications of the proposed sign, which, at a minimum, describe dimensions, area, maximum and minimum height, proposed message and design, materials, colors, method of construction, method of illumination for each sign, and clearly indicates the location of each sign on the property on which it is to be displayed and any other information required by the Zoning Official. Such application shall be signed by the owner of the property on which the sign or signs will be located.

D. General standards. Unless otherwise specified, the following standards shall apply in all zoning districts:

(1) Sign construction. Every sign shall be constructed in a permanent manner and shall be assembled and permanently affixed in such a fashion that it shall not be ordinarily affected by weather. No sign shall be painted directly onto any building, fence, utility pole, rock, tree or other similar object.

(2) Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media except for a sign stating "open" which does not exceed a size of two square feet, time and temperature, and fuel prices. Said "open" signs, signs indicating time and temperature and/or fuel prices shall be prohibited in the NB Zoning District. No sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign. In addition, the following rules shall apply to all illuminated signs intended to be viewed from the exterior.

(a) Internally illuminated freestanding signs shall not be illuminated during nonbusiness hours of the business advertised by such sign. The same rule shall apply to signs constituting an integral part of vending machines or similar devices.

(b) Illuminated tubing or strings of lights that outline properties, sales areas, rooflines, doors, windows, or similar areas are prohibited except for temporary use in observance of holidays.

(3) Sign location. Unless permitted under Subsection K, Existing nonconforming signs, signs shall be located only on the property of the business, organization or activity they are intended to identify and, unless otherwise permitted, shall not project over any property line. In addition, the following rules shall apply:

(a) No sign shall be located on any corner so as to violate the corner visibility requirements of Chapter 260, Zoning.

(b) No sign shall be so located as to obstruct or interfere with the visibility or movement of vehicular or pedestrian traffic.

(c) No sign shall be located on a sidewalk unless otherwise permitted.

(4) Computation of sign area.

(a) The area of a sign shall be computed from the inner dimensions of the frame, trim or molding by which the sign is enclosed.

(b) When a sign consists of individual letters, symbols, or characters, and it is not framed, its area shall be computed as the area of the smallest rectangle which encloses all the letters, symbols or characters.

(c) When a sign consists of two of more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other, (e.g., a sandwich board sign). Otherwise, all faces of the sign shall be used to compute the sign area.

(5) Wall sign standards.

(a) No wall sign shall extend beyond the outer edge of any wall or above the eaves of the building to which it is attached.

(b) A wall sign shall be parallel to the wall to which it is attached and shall not project more than 15 inches therefrom.

(c) No wall sign shall be painted directly upon any wall.

(d) The size for all wall signs shall be as hereinafter set forth.

(6) Freestanding sign standards.

(a) If the lot on which the sign is located does not contain a principal building, the sign shall not exceed a height of six feet. The height of the sign shall be measured from the ground to the top of the sign.

(b) No part of any freestanding sign shall be located within 10 feet of any lot line.

(c) Only one freestanding sign shall be permitted on a lot even if there is more than one building or use on that lot.

(d) The size and height for all freestanding signs shall be as hereinafter set forth.

(7) Projecting signs standards.

(a) The bottom edge of a projecting sign shall be at least eight feet above ground level when located in an area where the public walks.

(b) No projecting sign shall extend more than five feet from the wall to which it is attached and shall be no more than 10 square feet except for temporary banners announcing community events.

(c) The size for all projecting signs shall be as hereinafter set forth.

(8) Maintenance of signs. All signs, including all supports, braces, guys and anchors, shall be kept in good repair and shall be kept clean, neatly painted and free from all hazards so as not to endanger the public health or safety. Such areas shall be maintained in a clean, sanitary and healthful condition.

(9) Changeable copy signs. Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign. A permit shall not be required to change the message of the manual changeable copy sign.

(10) Prohibited signs. The following signs are prohibited in all zoning districts, unless otherwise permitted by this section:

(a) Billboard signs;

(b) Snipe or bandit signs;

(c) Inflatable signs;

(d) Abandoned signs;

(e) Flags displaying commercial content;

(f) Roof signs;

(g) Banners; and

(h) Vehicular signs.

(11) Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located in any area where landscaping is required pursuant to a zoning approval or within the right-of-way of any public street or highway, unless the work is with the written authorization of the Public Works Director. A copy of such written authorization shall be submitted to the Zoning Official.

(12) Enforcement. Violations of § 260-86 shall be subject to enforcement action pursuant to § 260-26.

E. Signs permitted by right. Unless otherwise specified, the following signs are permitted by right in all zoning districts and do not require a sign permit:

(1) Signs not exceeding six square feet in area that are not of a commercial nature, such as:

(a) Identification signs as described herein;

(b) Signs on mailboxes or newspaper tubes; and

(c) Signs posted on private property relating to private parking or warning the public against trespassing, hunting or danger from animals.

(2) Government/regulatory signs erected by or pursuant to the authorization of a governmental or quasi-governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.

(3) Integral decorative or architectural features of buildings or works of art, so long as such features do not contain letters, trademarks, moving parts, or lights.

(4) Signs directing and guiding traffic that bear no advertising matter.

(5) Signs proclaiming religious or political activities that do not exceed one per lot and 12 square feet in area and that are not internally illuminated. Signs erected in connection with elections or political campaigns shall be erected no more than 60 days prior to the election and shall be removed within seven days following the election or end of the campaign.

(6) Real estate signs, giving notice that the property on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. Such signs shall not exceed six square feet. No more than one such sign shall be located on any lot and shall be removed immediately after sale, lease, or rental.

(7) Community event signs. Such signs are not intended to be permanent and shall be limited to display 10 days prior to the special event and are to be removed immediately thereafter. Community event signs shall not obstruct sight-line vision of motor vehicles or constitute a hazard to pedestrians.

(8) Temporary signs (such as for yard sales) not covered in the foregoing categories, so long as such signs meet the following restrictions:

(a) No more than one such sign may be located on any lot.

(b) No such sign may exceed two square feet.

(c) Such sign may not be displayed for longer than three consecutive days nor more than 10 days out of any three-hundred-sixty-five-day period.

(9) Temporary window signs in or on the window of a building, which are visible from any public or private street or highway, provided that such sign shall not occupy more than 25% of the area of said window and shall not be in place more than 30 days.

(10) The flag of a foreign nation, the United States, State of Rhode Island and Providence Plantations, Town of Westerly, associated with the United States military, National Guard, police and fire departments.

F. Signs permitted in all zoning districts. The following signs shall be permitted in all zoning districts subject to the issuance of a sign permit:

(1) Construction signs. One construction or renovation sign, not to exceed six square feet in residential zoning districts or 12 square feet in all other zoning districts, when associated with a valid building permit, which shall be removed within 30 days of work completion.

(2) Land development identification signs. One real estate development identification sign at each entrance, not to exceed 32 square feet, to identify an approved land development, which shall be removed within 30 days of sales completion.

G. Signs permitted in all residential and OSR Zoning Districts. All signs in residential and OSR Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in residential zoning districts:

(1) Identification sign. A sign identifying an area of open space for recreation, the name of a farm or agricultural activity, a subdivision or neighborhood not to exceed six square feet or be higher than six feet;

(2) Home occupation sign. Signs identifying a home occupation permitted pursuant to § 260-65 not to exceed 1.5 square feet;

(3) Public recreation signs. A sign identifying public access is allowed in an area of open space for recreation, not to exceed 1.5 square feet in area.

H. Signs permitted in HC, GC, SC-G, CR, GI and LI Zoning Districts. All signs in the HC, GC, SC-G, CR, GI and LI Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the HC, GC, SC-G, CR, GI and LI Zoning Districts:

(1) A single-occupant parcel shall be allowed one of each of the following types of signs:

(a) A freestanding sign, not exceeding 36 square feet, which shall include the name and 911 address of the occupant. The freestanding sign shall not exceed the height of the building to which it is related or a height of 16 feet, whichever is less. A freestanding sign shall not be permitted for an individual occupant located in a multi-occupant building or in a multi-business shopping center;

(b) A projecting sign which shall not exceed 12 square feet;

(c) A wall sign which shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the sign will be attached; and

(d) A canopy sign which shall not exceed one square foot for each linear foot of the street-facing facade to which the canopy sign will be attached.

(2) Signs within a multi-occupant parcel shall be in accordance with the following:

(a) One freestanding sign, not to exceed 72 square feet, which shall identify the name and 911 address of the multi-occupant (i.e., center or plaza) and may list each of its occupants. The multi-occupant freestanding sign shall not exceed the average height of the buildings to which it is related or a height of 16 feet, whichever is less.

(b) Each occupant within a multi-occupant parcel may have a wall sign not exceeding one square foot for each linear foot of the street-facing facade of the unit or units occupied. The total area of all wall signs shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the signs will be attached.

(c) The design, placement and location of signs within a multi-occupant parcel shall be harmonious with one another.

(3) Exposed neon tube signs may be displayed in interior windows, provided that the neon tube shall not exceed 0.5 inch in diameter.

I. Signs permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts. All signs in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless otherwise specified below, and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts:

(1) Window signs. Window signs, as defined in this section, for nonresidential uses shall be permitted subject to the following regulations:

(a) Area. A maximum of 15% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or otherwise permanently affixed to the window. A maximum of 25% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.

(b) Illuminated signs may be displayed in interior windows, provided that any neon sign tube shall not exceed 0.5 inch in diameter; no sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign; and the light shall not be illuminated during nonbusiness hours.

(2) Wall signs: one wall sign which shall not exceed one square foot for each linear foot of the face of the building (or if the building contains two or more occupants, the portion thereof allocated to the occupant) to which the sign will be attached.

(3) Freestanding signs: one freestanding sign per lot, provided that: it shall not exceed 36 square feet, it shall not exceed six feet in height, measured from the ground to the top of the sign, and it may abut the property line, but it shall not be located on or projected over a sidewalk. A freestanding sign shall not be permitted for an individual business located in a multi-occupant building or parcel; however, one multi-occupant freestanding sign may be permitted for the building or parcel to provide joint identification of the occupant business enterprises and the name of the building or center.

(4) One projecting sign, per structure and/or unit, provided that:

(a) A lot may have no more than one projecting sign per business.

(b) No projecting sign shall extend more than five feet from the wall to which it is attached, at a safe height over the sidewalk, and shall be no more than 12 square feet except for temporary community event signs.

(5) Portable signs, provided that:

(a) No greater than one portable sign shall be on each sidewalk directly abutting the unit it advertises.

(b) A portable sign shall not be greater than 12 square feet and in the case of a sandwich board sign shall not be greater than four feet tall and three feet wide at the base.

(c) A portable sign may only be displayed during the hours that the business is open, and it shall be removed from the sidewalk when the business closes each day.

(d) The portable sign shall not inhibit pedestrian or handicap access to, or on, the sidewalk.

(6) A marquee sign, provided that:

(a) The marquee and marquee sign are historic in nature and are approved by the Rhode Island Historical Preservation and Heritage Commission.

(b) The marquee and marquee sign match the design and function of a previously permitted marquee at the site.

(c) The marquee and marquee sign are approved by the Rhode Island Historical Preservation and Heritage Commission, which approval must be received and provided to the Zoning Official before the Zoning Official may issue a permit.

(d) Use of modern technology, such as LED, OLED, and plasma screens, as well as computer or processor driven signage to allow illuminated projection or movement of any form of digital media, is permitted if it evokes and mimics the look, feel and function of the historic marquee sign being replaced, refaced, or refurbished.

(e) Marquee signs employing the use of modern technology shall not operate between 2:00 a.m. and 5:00 a.m.

(f) Illuminated marquee signs may not be brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign.

(g) A permit shall not be required to change the message or content of a marquee sign.

(7) Canopy signs, provided that:

(a) The bottom edge of the awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area shall be at least seven feet above the ground.

(b) The bottom edge of any hanging sign attached to the canopy shall be at least eight feet above the ground.

(8) Banners, flags and temporary signs are prohibited unless permitted in accordance with Subsection E.

(9) Unless otherwise permitted by this section, all signs must be for a business(es) on the same lot and for the unit that the sign is located on. Additional signs are not permitted on the basis that there is greater than one business on the lot.

(10) The provisions of this subsection shall govern any conflict between the provisions of this subsection and any other subsection of § 260-86.

J. Adult entertainment business. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions:

(1) Perpendicular or protruding signs are prohibited. Signs shall be parallel to and attached to a wall.

(2) Freestanding signs and off-site signs are prohibited.

(3) Signs or other advertising located on billboards or outdoor advertising structures are prohibited.

(4) Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.

(5) Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.

K. Existing nonconforming signs.

(1) Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this section may continue, although such sign does not conform to the provisions of this section. Notwithstanding, in accordance with § 260-86C and D, a nonconforming sign will not be grandfathered into use should it need to be replaced, relocated or altered or should it not be properly maintained to the standards set by these regulations.

(2) Maintenance. A nonconforming sign may be maintained in compliance with § 260-86D(8), General standards, without requiring a permit.

(3) Repair or reface. A nonconforming sign may be repaired (including refacing), provided that a sign permit explicit to the specific scope of the repair is obtained and the sign shall not be structurally altered in any way unless it conforms with this article. If the cumulative cost during any twelve-month period to repair or reface the nonconforming sign exceeds 50% of the fair market value of the sign before the start of the repair or refacing, then the repair or refacing shall be considered a replacement of the nonconforming sign.

(4) Replacement, relocation, or alteration. Any sign replacing or relocating a nonconforming sign shall conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed. A nonconforming sign shall not be altered as defined herein. If a nonconforming sign is altered, the sign shall be made to conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed.

§ 260-86.1 Billboard — 5 Union Street at Main Street, relocation.

[Added 11-29-2010 by Ch. No. 1733; amended 11-5-2018 by Ch. No. 1944; 2-11-2019 by Ch. No. 1949]

The existing billboard at 5 Union Street in the Town of Westerly controlled and owned by Ocean Community Chamber of Commerce, a regional business league and 501(c)(6) may utilize both sides of the structure and it may be illuminated in accordance with § 260-86D(2); provided that it remains the same or smaller in size, development plan review is granted in accordance with § 260-45, and in all other aspects the billboard shall comply with the requirements of § 260-86, Signs. This billboard may be relocated to another location within the Town with the approval of the Town Council provided that it remains the same or smaller in size. This provision is enacted to support the activities of nonprofit organizations which contribute to Westerly's quality of life.

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

[Amended 5-15-2000 by Ch. No. 1300]

Assisted living/congregate housing, where permitted in other than the Post Road Overlay District, shall comply with the regulations and development standards as set forth in the overlay district.

§ 260-87.1 Development standards for oceanfront historic hotels.

[Added 10-12-2004 by Ch. No. 1510]

A. The following development standards are applicable to the development of an oceanfront historic hotel at the location of The Ocean House, south side of Bluff Avenue and Westerly Road:

(1) The site is located within the Watch Hill National Register Historic District. The existing hotel structure thereon is a significant historic structure within said district.

(2) The oldest and most historically significant portion of the existing Ocean House building consists of that portion of the building viewed from Bluff Avenue. These include:

(a) The four-story elevation and facade facing Bluff Avenue together with its mansard roof and covered main entrance;

(b) The central tower together with its unique roof line and dormers;

(c) The mansard roof with dormers on the west as visible from Bluff Avenue, together with the four bays extending from the tower toward the ocean as historically existed;

(d) The columned porches that extend along the north and western sides of the building;

(e) The mansard-roof ell that extends east from the main entrance; and

(f) The exterior yellow and white building colors.

(3) The criteria hereinafter set forth are intended to regulate any renovation, restoration and/or replacement of that structure by identifying those elements which are required to be preserved or accurately replicated.

(a) Porches. The porches, both open and enclosed, that surround the building are important in defining its architectural character. The existing size of the porches; their depth and height; their chunky railings and columns; the graceful curve along the side porch and at the two-story entrance porch; the multi-paned windows in the enclosed porches all contribute to the building's historic character and should be preserved or replicated accurately.

(b) Architectural trim. The architectural trim, such as the deep-set modillioned cornice, the simple yet substantially proportioned trim around the windows, and the bold corner pilasters and pulvinated frieze on the tower are all character-defining features that should be preserved or replicated accurately. This condition shall apply to all structure(s) on the property.

(c) Fenestration and glazing. The size, spacing and muntin pattern of the existing guest room windows are all-important features of the historic appearance of the Ocean House and should be preserved or replicated accurately. If replaced, to the greatest extent possible, the windows and doors should replicate 6/6 or 2/2 glazing patterns found on the existing hotel. This includes window grids that may be true-divided lights or may be window grids that are applied to the exterior of the window and have a three-dimensional trapezoidal profile. Interior applied grids or grids that are sandwiched between two panes of glass do not adequately replicate the appearance of historic sash. This condition shall apply to all structure(s) on the property.

(d) Interior features. Individual features, such as the fireplace mantels, the reception desk and staircase, are desirable to preserve in place or salvage for reuse. On the first floor, cased columns, beamed ceilings, wall paneling, and window type and pattern should be preserved or replicated accurately.

(e) Balconies. The balcony over the front door is an important historic feature to retain or accurately replicate. Any other balcony visible from Bluff Avenue will be limited to those which historically existed.

(f) Floor-to-floor heights. Externally the appearance of the existing floor-to-floor heights, along with the size, spacing and scale of the windows visible from Bluff Avenue should be preserved or replicated accurately to preserve the building's overall appearance.

(g) Bluff Avenue entrance. The relationship of the main entrance to elevation of Bluff Avenue is important and is to be preserved or replicated.

(h) Site foundation. Any beach stone foundation visible from Bluff Avenue should be preserved or replicated. Any replication may be accomplished by using such beach stone as a facade to a foundation of other material.

(i) Ocean visibility.

[1] The public visibility of the Atlantic Ocean from Bluff Avenue is important. Therefore, the height of any structure located within 120 feet of the western boundary of the property shall not exceed the elevation of 45 feet NGVD (five feet below the existing street elevation of Bluff Avenue); provided, however, that the Planning Board may permit an open-air structure for public sitting and viewing.

[2] Enhancing the visibility of the Atlantic Ocean from Westerly Road is also an important consideration. Therefore, the height of any structure located within 60 feet of the eastern boundary of the property shall also not exceed the elevation of 45 feet NGVD; provided, however, that the Planning Board may permit an open-air structure for public sitting and viewing.

(j) Fireplaces. A reasonable effort shall be made to preserve the fireplaces and mantels located in the main lobby and in the dining room, including consideration of relocating and reusing the fireplace in a portion of the building that is being preserved or rebuilt.

(k) Building location and height. Limited by the foregoing, structures may otherwise be erected, renovated, restored, replicated and/or replaced on the property. To the extent the present location of any structure does not meet the minimum dimensional regulations of the LDR-43 Zoning District, that location shall nevertheless be permitted. The Planning Board may, through its development plan review process, allow structure(s) within the front and/or cornerside setbacks, provided the total area of encroachment is less than the area of encroachment in these areas by the preexisting structure(s). For purposes of applying § 260-19 and this section, the maximum building height is established as 134 feet NGVD.

[Amended 5-22-2006 by Ch. No. 1775]

(l) Maximum building coverage. The existing building surface coverage on the site, 33,879 square feet, shall not be exceeded. This shall not include any external stairs or apply to any subsurface structure for parking, drainage, mechanical systems, access and egress, etc. Space located above a structured parking/mechanical level and below lobby level outside terrace(s) including pool(s) shall not be considered in this calculation.

[Amended 5-22-2006 by Ch. No. 1775]

(m) Building siding. The building siding shall be wooden clapboard, "Hardiplank" or similar product. No vinyl or metal siding is permitted. Man-made materials may be used to replicate other features required above. The existing exterior yellow siding and white trim building colors will be replicated.

(n) Landscaped buffer. Any side yard setback areas applicable to the historic hotel use on the property shall be vegetated and maintained as a landscaped buffer.

§ 260-87.2 Municipal water facilities.

[Added 12-13-2004 by Ch. No. 1520]

A. Purpose. The purpose of this section is to facilitate the Town of Westerly in the retrieval, treatment, storage and/or distribution of potable and/or drinking water together with the sheltering and operation of equipment used for such purposes.

B. Any structure used to shelter and/or operate mechanical equipment used in conjunction with the retrieval, treatment and distribution of municipal water shall meet the setback, lot coverage and building height requirements of the zoning district in which it is located.

C. Any structure used for water storage (i.e., water tanks) shall meet the setback and lot coverage requirements of the zoning district in which it is located; the height of such structures may extend to 270 feet NGVD, and fences intended to screen such facilities from neighboring properties may be up to 10 feet in height.

§ 260-87.3 Retaining walls.

[Added 9-12-2005 by Ch. No. 1551; amended 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

A. Any retaining wall greater than six feet in vertical height, measured from grade at the bottom of the wall to the top of the wall, shall require a building permit. An application for a building permit under this section shall be reviewed and approved by the Zoning Officer prior to the permit being issued.

B. A plot plan showing the property and the location of the proposed wall on the property, together with the location of driveways, sidewalks, patios, decks, pools and other structures and/or paving relative to the proposed wall, together with existing and proposed topography at two-foot intervals, shall accompany the permit application.

C. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a minimum safety factor of 1.5 lateral sliding and overturning (Reference: Rhode Island Building Code: Retaining Walls).

D. Retaining walls in excess of six feet shall be designed for all loads specified in the applicable building code and in keeping with nationally recognized standards. Such designs shall be based on sound engineering and geotechnical principles. A site plan and wall design signed, stamped and dated by a professional engineer licensed to practice in the State of Rhode Island shall also accompany the application.

E. Where multiple walls are situated in a terrace-like pattern, they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls multiplied by a factor of 0.75.

F. Adequate protection to prevent an individual's accidental fall over the retaining wall shall be erected and maintained in conjunction with the retaining wall thereafter.

§ 260-87.4 Mixed Residential and Commercial Use.

[Added 2-6-2006 by Ch. No. 1561]

A. In the Shore Commercial W.H. Zoning District, the following regulations shall be applicable to any mixed residential and commercial use on any lot that does not have frontage on Bay Street and has land area which is at least 90% outside the Flood Hazard Overlay District (see Chapter 127, Floodplain Management):

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) The commercial use component for a mixed residential and commercial use is satisfied by one commercial/professional unit on the property proposed for development irrespective of the number of structures thereon.

(2) Provided the above commercial component requirement is met, residential uses shall be permitted on the first floor.

(3) Detached garages or covered parking are permitted for all the residential units in such a mixed residential and commercial use.

B. The reduction in maximum height from 35 feet to 25 feet as indicated in § 260-19 (Minimum dimensional requirements) shall not be applicable to the special use permit granted for the property now or formerly of B.S.I., Inc. described as Assessor's Plat 185, Lot 1, nor the special use permit granted for the property now or formerly of JHRW Partnership located on the southeasterly side of Bay Street and the northeasterly side of Larkin Road, and being identified as Parcel B on the Administrative Subdivision Plan approved December 15, 2005, and recorded that day at Book 1485, page 315 in the Town of Westerly Land Evidence Records. The maximum height applicable to said parcels shall remain at 35 feet.

§ 260-87.5 Wind energy systems.

[Added 9-11-2006 by Ch. No. 1581]

A. Purpose. It is the purpose of this section to promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.

B. Findings. The Town of Westerly finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Wind energy also makes the electricity supply market more competitive by promoting customer choice.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.

D. Permitted use. Wind energy systems shall be allowed by special use permit in all zoning districts subject to the requirements set forth below:

(1) Special use permit applications for wind energy systems shall include a site plan of the subject property drawn to a uniform scale, including location of the tower, all accessory structures and appurtenant equipment, and the location of any other structures on the site.

(2) The applicant shall provide a report containing a description of the tower with technical support establishing its structural integrity and need for accessory structures.

(3) There shall be a restriction of one turbine and tower per deeded property with a minimum of seven acres. Municipal/commercial properties may exceed one turbine and tower per property on a case-by-case basis.

(4) Advertising signage, communication devices, cellular dishes or the like may not be attached to a tower. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.

(5) The owner of the property where a wind energy system is located shall be required to obtain a demolition permit to remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than 90 days.

(6) Tower height shall not exceed 85 feet, and in all cases a fall zone of 360°, with a radius equal to the tower height, shall be provided entirely within the lot upon which the tower is located, within which no residential structures shall be located. Towers exceeding 85 feet in height shall be permitted exclusively for municipal use.

(7) No part of a wind energy system structure, including guy wire anchors, may extend closer than minimum zoning setback requirements of primary structures.

(8) Wind energy systems shall not exceed noise levels as permitted by the Noise Control Ordinance of the Town of Westerly.

(9) Designs for all wind energy systems must be certified by the Federal Department of Energy or other small wind energy certification program recognized by the State of Rhode Island.

(10) Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and all appurtenant structures, demonstrating compliance with the International Building Code and National Electrical Code, as amended. The tower and turbine shall be engineered to withstand appropriate wind loads in conformance with the International Building Code. An engineering analysis shall be submitted demonstrating code compliance as certified by a licensed professional engineer or manufacturer.

(11) Wind energy systems must comply with applicable FAA regulations as specified in 14 CFR Part 77, entitled "Objects Affecting Navigable Airspace."

E. Utility notification. No wind energy system shall be granted a special use permit until written evidence has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

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

[Added 10-30-2006 by Ch. No. 1589]

A. Purpose; exceptions.

[Amended 6-28-2017 by Ch. No. 1892; 10-26-2020 by Ch. No. 1997]

(1) The entire area of the Shore Commercial - Watch Hill Zoning District is within the Watch Hill Historic District, which is listed in the National Register of Historic Places. Essential to the preservation of this district is that those existing structures that define the historic character of the district be preserved and that any new construction be compatible with the existing architecture within this neighborhood. This section provides specific development plan review criteria for the Planning Board to ensure that the unique physical character of the Shore Commercial - Watch Hill District (District) is retained, while allowing for beneficial enhancements and redevelopment to occur. In general, the existing scale and proportions of buildings and the overall architectural character of the streetscape shall be preserved along Bay Street.

(2) Periodic maintenance and repair of buildings with replacement of in-kind building materials does not require development plan review. All modifications to the exterior of buildings, except such replacement, in-kind of building materials, requires development plan review. Nothing herein shall be deemed to reduce the authority of the Planning Board to waive development plan review and waive and/or modify requirements pursuant to R.I.G.L. 45-23-62.

B. Development plan review by the Planning Board shall be regulated by the following standards in conjunction with those contained in § 260-45F:

[Amended 10-26-2020 by Ch. No. 1997]

(1) The uniformity of the building heights, gable orientations, roof pitch, massing and bulk visible from Bay Street shall be used to guide construction of new buildings and additions to existing structures. New buildings shall be designed with traditional roof forms that are compatible with the character of the District.

(2) Architectural elements such as dormers and roof gables shall be in proportion to the overall building and shall also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements shall be avoided. Limitation of a second-story footprint to less than the first-floor footprint of any existing building is not intended by this subsection.

(3) The uniform rhythm or sequencing and design of architectural features, including, but not limited to, windows, bays, entryways and doors, storefronts, arcade columns and gables along Bay Street shall be replicated in any new building or retained in any existing building thereon.

(4) Traditional exterior building materials, such as wooden shingles or clapboards, "Hardiplank" or similar product, shall be used for building siding.

(5) Structures which have been determined by the Secretary of the Interior to be contributing to the historical significance of the District shall be reused whenever possible rather than demolished. Demolition of such buildings shall be permitted when the property owner demonstrates there is no reasonable and feasible alternative to demolition. In the event of demolition, it is preferred that such structures be replicated or reconstructed on their original building footprint and the design be substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings.

(6) New construction shall be of pedestrian-scale, directly fronting the street with covered sidewalk arcades, unless otherwise governed by setback requirements of this chapter. Structures set behind expanses of asphalt or other impervious parking surfaces are prohibited. New construction shall be articulated with building hyphens, other architectural features, and roofline breaks and gables employed to scale-down building mass to match existing surrounding buildings.

(7) Long first-floor arcades projecting to public sidewalks shall be incorporated where appropriate in any new design, with arcade width, street-to-arcade setback and sidewalk width matching existing configuration on the street. Arcade roofs shall not be entirely recessed within the building fabric or building mass. The uniformity of existing covered sidewalk arcades, with galleries, decks and porches above, shall guide new construction.

(8) In addition to requirements and standards for signage in § 260-86, no freestanding signs shall be permitted.

(9) All awnings shall be covered with canvas. Backlit awnings and those displaying logos and/or signs shall be prohibited.

(10) Exterior lighting fixtures shall be shielded and directed toward the building or the ground. Electrical conduit and junction boxes shall be located so as to minimize or, if possible, eliminate their visibility from the public. Security devices shall not negatively impact the architectural character of the building and streetscape. Satellite dishes are not permitted on the street side of any structure, nor are they to be visible from Bay Street.

(11) HVAC mechanical devices shall not be visible from the street. Such devices may be screened with architectural elements or vegetation where appropriate.

(12) The Planning Board may allow historical features which previously existed to be replicated, provided that such elements are substantiated by historical documentation, including pictorial and written descriptions or archived plans and elevation drawings, and such elements are in general compliance with the Zoning Ordinance dimensional requirements.

(13) Visually and historically significant landscape features, such as stone walls, fences, curbing treatments, sidewalks (and their width) and the like, shall be preserved whenever possible or replaced in-kind. New features shall be designed to complement and enhance existing features. All new landscaping shall use low-growing material or species hardy to the area. Fixed streetscape features, such as lighting standards and benches, shall be of a consistent and traditional design type which will complement the architecture of the area. Landscaping shall be required to minimize the visual input of any bottomless sand filter or other components of individual septic disposal systems.

(14) In new building construction the following character-generating features of Bay Street are encouraged:

(a) Natural wood roof shingles or dark-colored architectural grade roof shingles.

(b) Substantially proportioned window and building trim, white in color.

(c) White deck rail systems with a silhouette (size and detail) consistent with Building Code requirements and with those generally along Bay Street.

(d) Arcade lighting mounted on the interior face of the arcade sidewalk column located just below the arcade soffit.

(e) Signage using black background with gold letters, which is a Watch Hill Business Village tradition.

(f) Generous use of multipaned glazing patterns, which are true divided lights or window grids that are applied to the exterior of the window and have the appearance of such true divided lights.

(15) In all construction, synthetic materials or substitutes may be used subject to Planning Board approval; samples of all such materials shall be submitted to the Planning Board as part of the review process.

(16) The property of Gail Forbes, described as Assessor's Plat 179, Lot 85, shall be determined not to be contributing to the historical significance of the Watch Hill Historic District as defined by the Secretary of the Interior.

(17) An enclosed stairway and elevator for providing handicap access to a rooftop deck over residential unit(s) shall be permitted, provided that it is no higher than necessary to achieve such access.

(18) The Planning Board may hire an historical consultant, at the applicant's expense, to review the project for purposes of identifying impacts to the property which can reasonably be expected to diminish or destroy its historical qualities and to provide a recommendation to the Planning Board.

C. In addition to the above standards, the Secretary of Interior's Standards for Rehabilitation (36 CFR 67.7), as existing on the date of the passage of this section, shall be used as general design guidance for proposed alterations to the exterior of existing buildings that have been determined to contribute to the historic significance of the National Register Historic District. These widely accepted national preservation standards help define the character and features of historic buildings and provide "best practices" for preserving and enhancing the integrity of these features in rehabilitation of such buildings.

D. Compliance with the above standards, incorporation of recommended character-generating features and compliance with the dimensional regulations of this chapter shall demonstrate substantial architectural compatibility with neighboring properties.

§ 260-87.7 Medical marijuana.

[Added 10-17-2016 by Ch. No. 1877]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CARDHOLDER

A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

CAREGIVER CULTIVATION

Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL 21-28.6.

COMPASSION CENTER

A not-for-profit corporation that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

COMPASSION CENTER CARDHOLDER

A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

LICENSED CULTIVATOR

A person, co-partnership, entity and corporation, who has been licensed by the department of business regulation to cultivate marijuana pursuant to RIGL 21-28.6-16. A licensed cultivator may acquire, possess, cultivate, deliver, or transfer marijuana only to licensed compassion centers. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.

[Added 11-13-2017 by Ch. No. 1907]

MARIJUANA STORE

Any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

NONRESIDENTIAL COOPERATIVE CULTIVATION

Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.

PATIENT CULTIVATION

Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL 21-28.6.

RESIDENTIAL COOPERATIVE CULTIVATION

Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL 21-28.6-14 and this section of the Westerly Zoning Ordinance.

B. Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See RIGL 21-28.6-1 et seq.) The Town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.

C. Patient cultivation. Patient cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly. Patient cultivation shall not be allowed unless each of the following criteria has been met:

(1) Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.

(2) The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.

(3) The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[1] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

(4) In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:

(a) That the area used for growing is secured by locked doors;

(b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

[Amended 11-13-2017 by Ch. No. 1907]

(c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;

(d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;

(e) That the area used for growing shall have carbon filters installed to reduce odors;

(f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.

(5) Zoning certificates, Fire Department inspection and/or review, or building/trade permits, are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence in a residential zoning district.

(6) Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
Patient cardholder	12 plants	12 plants	2.5 ounces

D. Caregiver cultivation. Caregiver cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly except in those located in Zone HDR 6 High-Density Residential Zoning Districts or in multifamily dwellings of three or more residential units. Additionally, caregiver cultivation shall not be allowed unless each of the following criteria has been met:

(1) If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.

(2) The caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.

(3) The caregiver cardholder shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[2] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2] Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

(4) In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:

(a) That the area used for growing is secured by locked doors;

(b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

[Amended 11-13-2017 by Ch. No. 1907]

(c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;

(d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;

(e) That the area used for growing shall have carbon filters installed to reduce odors;

(f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.

(5) Possession limits. Caregiver cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
Primary caregiver	12 plants per patient cardholder (to whom he/she is connected through RIDOH registration process)	12 plants	2.5 ounces per patient cardholder (to whom he/she is connected through RIDOH registration process)

E. Cooperative cultivation.

(1) Residential cooperative cultivation, as defined under this section, shall be prohibited in all zoning districts.

(2) Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

(a) A property containing medical marijuana, and cultivated by a nonresidential cooperative cultivation, shall not be located closer than 500 feet to where any place of religious worship, preschool, elementary or secondary school, day-care/child-care center, athletic field or playground is located.

(b) A cardholder shall only cooperatively cultivate in one location.

(c) No single location shall have more than one cooperative cultivation. For the purpose of this section, location means one structural building, not units within a structural building.

(d) The cooperative cultivation shall not be visible from the street or other public areas.

(e) A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.

(f) The property owner shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.

(g) The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[3] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[3] Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

(h) A nonresidential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes.

(i) The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit.

(3) In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:

(a) That the area used for growing is secured by locked doors;

(b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

[Amended 11-13-2017 by Ch. No. 1907]

(c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;

(d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;

(e) That the area used for growing shall have carbon filters installed to reduce odors;

(f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.

(4) Possession limits. Cooperative cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
Nonresidential cooperative cultivation	48 plants	24 plants	10 ounces

F. Compassion centers. Compassion center uses, as established under § 21-28.6-1 et seq. of the Rhode Island General Laws, shall be prohibited in all zoning districts in Westerly except in the industrial zones of the Town and only upon the grant of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards has been met:

(1) The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.

(2) Findings.

(a) That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;

(b) That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate;

(c) That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and

(d) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

(3) Location.

(a) All uses granted under this section shall not be located within:

[1] One thousand feet of the nearest residential zoning district, and the lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this section; or

[2] One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or

[3] Two thousand feet of any other compassion center or cooperative cultivation site; or

[4] One thousand feet of any of the Westerly Town lines.

(b) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.

(4) Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.

(5) Lighting.

(a) Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the compassion center's front facade, and any adjoining public sidewalk.

(b) Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.

(6) Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system and security alarm system.

(7) Parking. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.

(8) Signage and advertising. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.

(9) No use permitted under this section shall be established prior to submission and approval of a special use permit by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.

(10) Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local and/or State Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the compassion center.

(11) Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code.[4] The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[4] Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

(12) Possession limits. Compassion center possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

Compassion center

Inventory of seedlings, plants and usable marijuana limited to reflect the projected needs of registered qualifying patients

G. Licensed cultivation. Licensed cultivation shall be prohibited in all zoning districts except industrial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

[Added 11-13-2017 by Ch. No. 1907[5]]

(1) If the licensed cultivator does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.

(2) The Licensed Cultivator shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cultivator.

(3) The licensed cultivator shall apply for a zoning certificate, and the licensed cultivator or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cultivator. Upon the annual renewal of its license in accordance with state regulations, a licensed cultivator shall reapply for a zoning use certificate, providing documented proof of such renewal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) In addition to the requirements above, the licensed cultivator shall demonstrate to the Building Official that the following requirements have been met:

(a) That the area used for growing be secured by locked doors;

(b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

(c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;

(d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;

(e) That the area used for growing shall have carbon filters installed to reduce odors;

(f) That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Department.

(5) Possession limits. Licensed cultivation possession limits shall be consistent with those stated in the Rhode Island General Laws.

[5] Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.

H. Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

I. Enforcement.

(1) Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with § 260-26 of this chapter and subject to violations and penalties as provided in Chapter 1, Article II, General Penalty.

(2) All unpermitted preexisting cultivation shall be required to comply with this section.

(3) All uses permitted under this section shall comply fully with all licensing requirements of the Town of Westerly and laws of the State of Rhode Island.

§ 260-87.8 Solar energy systems.

[Added 3-25-2019 by Ch. No. 1953]

A. Purpose and applicability.

(1) The increase in demand for alternate power sources has resulted in considerable interest in the construction of solar energy systems which provide for the collection, storage and distribution of energy for electricity, heating and other purposes.

(2) The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhoods and its architecture in which they are located and are compatible with the Comprehensive Plan of the Town of Westerly.

(3) The requirements of this section shall apply to all solar installations located in the Town of Westerly except those on land owned by the municipality.

B. Definitions.

(1) Except otherwise stated herein, the following definitions shall apply to all solar installations in the Town of Westerly:

ACCESSORY SOLAR ENERGY SYSTEM

A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and generates no more energy than 125% of the energy that is necessary to support the principal use of the parcel.

ARRAY PERCENT COVERAGE

Array percent coverage equals (number of individual panels multiplied by individual panel size) plus (total mechanical pad coverage) divided by (total lot area) expressed as a percentage.

ARRAY SIZE

Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

MECHANICAL PAD COVERAGE

The area of impervious surface(s), not including the panel(s) themselves, required to support a solar array and the solar array's required mechanical devices expressed in square feet or square acres.

PHOTOVOLTAIC SYSTEM (PHOTOVOLTAIC INSTALLATION)

An active solar energy system that converts solar energy directly into electricity.

PRIMARY SOLAR ENERGY SYSTEM

An installation designed for off-site sales in excess of the power consumed on site.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

SOLAR ACCESS

The access of a solar energy system to direct sunlight.

SOLAR ENERGY

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM

A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED

An active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size.

SOLAR ENERGY SYSTEM, OFF-GRID

A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED

An active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).

SURFACE AREA

Surface area is determined by the array size. Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

C. Permitted uses.

[Amended 10-26-2020 by Ch. No. 1997]

(1) Single use. Accessory solar energy systems, Use Code E.14A, and principal solar energy systems, Use Code E.14B, shall be permitted as set forth in § 260-18, Table of Uses, and reviewed pursuant to the requirements of § 260-87.8.

(2) Dual uses. A lot located in General Industrial Zoning District (as defined by § 260-12) may have dual principal uses so long as one of those dual principal uses is a solar energy system permitted by right or special use permit in the Zoning District. Review of a project that is proposing dual principal uses, one of which is a solar energy system, shall be as a major land development (Chapter A261). In addition to the submission requirements for a major land development, all applications to the Planning Board shall also meet the requirements of § 260-87.8. On applications requiring a variance (§ 260-33) or special use permit (§ 260-34), Planning Board approval shall be advisory to the Zoning Board of Review.

D. Preexisting nonconforming uses.

(1) The purpose of this subsection is to provide for the transition from a nonconforming commercial or industrial use to a use that conforms to, or more closely conforms to, the provisions of zoning.

(2) The intent to abandon a lawful nonconforming commercial or industrial use of land, portion of land, building, or structure, pursuant to § 260-32, Nonconformance, shall be conclusively presumed by the combination of one or more of the following actions and the replacement of the nonconforming commercial or industrial use with a solar energy system.

(a) Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the nonconforming use; or

(b) A change in the use of the building, structure, land or portion of land to another use; or

(c) The voluntary interruption of a nonconforming use of any parcel of land, or portion thereof.

(3) At the time of decommissioning of an approved solar energy system, the land, portion of land, building or structure previously nonconforming by use or dimension shall revert to a use and/or structure that is conforming to the use and dimensional provisions of zoning.

E. Procedural requirements. In accordance with regulations promulgated by the Rhode Island Office of Energy Resources and General Laws Title 45, Chapter 68 "Statewide Municipal Solar Permit," solar energy permit is required for all solar installations. In addition, the following procedural requirements apply:

(1) Development plan review by the Planning Board (§ 260-45) is required for all ground-mounted solar installations except when the solar energy system is accessory to a single-family or two-family residence. Accessory uses for installations excluding one- or two-family residences may be permitted administratively by the Zoning Official if less than 1,000 square feet or less than 25 kw. However, solar installations proposed within any historic district, on an historic property or site, or on any property, or structure registered, or proposed for registration as per Chapter 42-45 Rhode Island Historical Preservation and Heritage Commission, on the National Register of Historic Places shall be forwarded to the Architectural Review Board for an advisory opinion with regard to applicable historical and architectural standards, and to the Planning Board for development plan review approval as set forth in § 260-45. In addition to the requirements of § 260-45, the submission requirements of Subsection I shall also apply. On applications requiring a variance or special use permit, development plan review shall be advisory to the Zoning Board of Review.

[Amended 10-26-2020 by Ch. No. 1997]

(2) Where a special use permit is required, the Zoning Board shall find that through legally competent evidence in the record the applicant has met the development standards set forth in Subsection F for roof-mounted and Subsection H for ground-mounted. Requirements of Subsection F and Subsection H may not be varied or waived. Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall also require a special use permit and meet the standards set forth in Subsection F.

(3) Signs for solar energy systems shall comply with the Town's sign ordinance. A sign consistent with the Town's sign ordinance shall be required to identify the owner/operator of any ground-mounted system and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertisement except for identification of the manufacturer or operator of the solar energy system.

(4) Substantial modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Zoning Official and the Town Planner.

(5) Any significant visual change due to material modifications shall require approval of the Planning Board and Architectural Review Board and if applicable, the Zoning Board.

F. Development standards for roof-mounted solar energy systems.

(1) Solar devices shall be an integrated part of the overall design of the structure. Color, style, shape and proportions of the solar devices should not conflict with the style, shape and proportions of the roof. Flat-roof systems may be set at an optimal angle and elevated, so as to minimize any adverse visual impact.

(2) Rooftop solar energy systems must not increase the footprint of the structure.

(3) On flat and minimally sloped roofs, solar devices shall be set back from the edge and/or behind architectural features and determined to have no adverse impact.

(4) Solar energy systems shall be installed in such a manner to be consistent with state building and fire code.

(5) Solar installations shall include appropriate snow and ice guards to avoid the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.

(6) Solar installations that also serve as primary building materials (i.e., solar shingles, siding, etc.) shall conform to the manufacturer's installation instructions.

(7) All solar installations shall include a well-marked and easily accessible emergency cut-off designed to stop power generated by the installation from being distributed to the structure or utility connection serviced by the installation.

(8) Solar installations shall be cleaned and maintained using best practices.

(9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

[Added 10-26-2020 by Ch. No. 1997]

G. Dimensional requirements for ground-mounted solar energy systems.

(1) Setbacks. All ground-mounted solar energy systems must meet the setback requirements of Article V, Standard Zoning District Dimensional Regulations, and Attachment 10, Schedule of Dimensional Regulations.

(2) The area of the array percent coverage shall be considered an impervious surface for purposes of meeting the minimum dimensional standards, maximum percent impervious surface in § 260-19.

(3) Height restrictions. Ground-mounted solar installations shall not exceed 12 feet in height as defined in §§ 260-9 and 260-20 as applicable to the highest point of the solar installation, including the top of any support structure or panel. The Zoning Board may allow heights exceeding 12 feet as a special use permit.

H. Development standards for ground-mounted solar energy systems.

[Amended 10-26-2020 by Ch. No. 1997]

(1) Applicants proposing ground-mounted solar energy systems shall provide an appropriate buffer to adequately mitigate visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site. Choices include, but are not limited to, a fifty-foot wooded buffer, twenty-foot partial landscape screen, ten-foot full landscape screen, or fencing with design and materials that are appropriate to the surrounding natural and built environment. The vegetative buffer surrounding the perimeter of the installation shall consist of plants from Rhode Island native plant database.

(2) A security fence shall surround the perimeter of the installation and shall, at a minimum, be constructed pursuant to the National Electrical Code Section 110.31 as amended. The fence shall be of appropriate aesthetic and integrate into the surrounding area and the general character of the area.

(3) All ground-mounted solar installations shall be located to take advantage of existing cleared land, and the clearing of forest or woodland shall be avoided. If clearing of forest or woodland is proven to be unavoidable by the applicant, such clearing shall be limited to no more than 30% of the sum of the total area of the solar panels, their buffer area and fencing in all zoning districts except the General Industrial and Light Industrial Zones, and shall be limited to clearing for those purposes. In the General Industrial and Light Industrial Zones, clearing shall be limited to 50% of the sum of the total area of the solar panels, their buffer area and fencing. For the purpose of the 30% or 50% calculation, any land cleared for any purpose within five years prior to submission of the application is deemed uncleared land. The applicant shall provide a complete evaluation of the environmental resources on the site, including but not limited to, the quality and quantity of mature trees and presence of flora and fauna located on the site as well as whether this site is a known habitat for wildlife, including but not limited to birds, deer and coyotes. A determination that clearing of the site will not have an adverse impact on these natural resources or the environment shall also be provided. Botanists, wetland specialists, arborists, wildlife biologists and wildlife ecologists shall be consulted to perform such evaluations and shall be licensed professionals in their field of study. The oral or written opinion of the applicant will not alone be deemed sufficient justification for the requested clearcutting without the input of the experts previously listed. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy systems. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area. To the maximum extent practicable, all cleared areas below and surrounding a ground-mounted solar installation shall be maintained in a vegetated state to stabilize soils and prevent erosion.

(4) To the maximum extent practicable, all electrical connection and distribution lines shall be located entirely within the structure of the solar installation, underground, or within the structure to which the installation is supplying energy. Electrical equipment between the installation and the utility connection may be above ground if required by the utility.

(5) Ground-mounted solar energy systems are not permitted in a flood zone or on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island soil survey. Ground-mounted solar energy systems located in the Aquifer Protection Overlay District (§ 260-52) shall meet the standards of the Aquifer Protection Overlay District and be designed and installed to ensure that the land beneath the solar energy system is restored after the solar array's installation with appropriate, sustainable and integrated low-growth vegetation that is listed in the University of Rhode Island's native plant database or other primary source to meet the stormwater, groundwater quality, aquifer protection standards and rules as well as firesafety requirements. If soils need to be removed from beneath the system for installation purposes, it shall be stored on site for future reclamation and replanted with grass or low-growth vegetation after decommissioning and removal.

(6) Reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, repositioning of systems on other areas of the property, or other appropriate measures. Solar energy systems shall be considered part of the overall design of a site plan or structure. The location, positioning, scale and general aesthetics of a ground-mounted system shall be integrated into the approved site plan.

(7) Lighting of solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from adjacent properties.

(8) The ground-mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless such road is a public way.

(9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

I. Development plan review submission requirements. Applications for development plan review shall include, in addition to the requirements set forth in § 260-45, the following:

(1) A project narrative, which shall contain a summary of the existing and proposed facility, a description of the facility's context in relation to other uses on the property, neighboring land uses and environmental features, and detail regarding the proposed operation and maintenance of the solar energy system including safety plans;

(2) Plans showing existing and proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

(3) Drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

(4) One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods;

(5) Documentation of the major system components to be used, including the panels, mounting system, and inverter;

(6) An itemized estimate of the cost of decommissioning and removal of the solar energy system;

(7) Name, address, and contact information for proposed system installer;

(8) Documentation of access, control of the project site and operation and maintenance plan sufficient to allow for construction and operation of the proposed solar energy system.

(9) Any memorandum of lease, easement, or utility agreement associated with a solar installation shall be submitted to the Westerly Building Office for record in the Town of Westerly upon approval.

J. Abandonment or decommissioning.

(1) Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the Zoning Official and the Administrative Officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: removal of all solar energy system-related structures, equipment, security barriers, and transmission lines from the site; disposal of all solid and hazardous waste in accordance with applicable disposal regulations; stabilization and revegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a landscape designer to assess whether any revegetation of the site is necessary.

(2) Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the property owner or the Town may remove the facility and seek damages for expenses incurred for such removal in accordance with law.

(3) At the time of development plan approval of a ground-mounted solar energy system the Planning Board shall require a financial guarantee for the decommissioning and removal of the system and consider the projected life of the system and inflation. Prior to construction, the applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site. The amount of said bond or security shall be reviewed and approved by the Department of Public Works. The terms of payment and process for release shall be consistent with those established by the Town's Subdivision and Land Development Regulations for the release of a performance guarantee. Release shall not occur until the system is fully removed from the site.